[Rev. 2/27/2019 1:59:12 PM]
κ1987 Statutes of Nevada, Page 1473κ
Assembly Bill No. 875Committee on Ways and Means
CHAPTER 621
AN ACT making appropriations to the Motor Pool Fund to purchase additional vehicles for the motor pool fleet for use by the Department of Parole and Probation and to the Department of Parole and Probation for hand-held radios; and providing other matters properly relating thereto.
[Approved June 17, 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 Motor Pool Fund created pursuant to NRS 336.110 the sum of $57,268 to purchase seven vehicles to be added to the motor pool fleet for use by the Department of Parole and Probation.
Sec. 2. There is hereby appropriated from the state general fund to the Department of Parole and Probation the sum of $5,873 for seven hand-held radios.
Sec. 3. Any remaining balance of the appropriation made by sections 1 and 2 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. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 501Senators Mello, Raggio, Rawson, Gibson, Horn, Wagner, Joerg, Townsend, Shaffer, Vergiels, Hickey, Coffin, Beyer, Jacobsen, Malone, Jones, OConnell, ODonnell, Redelsperger and Rhoads
CHAPTER 622
AN ACT relating to acquired immune deficiency syndrome; allowing disclosure to the welfare division of the department of human resources of the names of certain persons who have the syndrome or the related complex; requiring that an offender be tested for exposure to the virus which causes the syndrome when he is released from prison; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 441.210 is hereby amended to read as follows:
441.210 The disclosure to any person of the name or address of any diseased person is unlawful except:
1. Where the disclosure is authorized or required by this chapter.
κ1987 Statutes of Nevada, Page 1474 (CHAPTER 622, SB 501)κ
2. In prosecutions for violations of this chapter.
3. In mandamus proceedings authorized by this chapter.
4. In reporting an apparently abused or neglected child, but no other information may be disclosed.
5. Where the disclosure is made to the welfare division of the department of human resources and the diseased person:
(a) Has been diagnosed as having acquired immune deficiency syndrome or acquired immune deficiency related complex; and
(b) Is a recipient of assistance to the medically indigent.
Sec. 2. NRS 209.511 is hereby amended to read as follows:
209.511 1. When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the director:
(a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the director.
(b) Shall give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.
(c) Shall require him to sign an acknowledgment of the notice required in paragraph (b).
(d) May provide him with clothing suitable for reentering society.
(e) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction.
(f) Shall require him to submit to a test for exposure to the human immunodeficiency virus.
2. The costs authorized in paragraphs (a), (d) [and (e)] , (e) and (f) of subsection 1 must be paid out of the appropriate account within the state general fund for the use of the department as other claims against the state are paid.
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κ1987 Statutes of Nevada, Page 1475κ
Assembly Bill No. 294Assemblymen Kerns, Fay, Banner, May, Garner, Nevin, Evans, Thomas and DuBois
CHAPTER 623
AN ACT relating to motor vehicles; authorizing the director of the department of motor vehicles and public safety to produce and sell souvenir license plates; making an appropriation; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The director may establish a fee for the issuance of such plates of not more than $15 per plate. The department may issue more than one plate of any particular design.
2. All money collected from the issuance of souvenir license plates must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 2. There is hereby appropriated from the state highway fund to the registration division of the department of motor vehicles and public safety the sum of $14,000 to purchase equipment to carry out the purposes of this act.
________
Assembly Bill No. 558Committee on Judiciary
CHAPTER 624
AN ACT relating to crimes against property; clarifying the status of mobile homes in connection with the crime of arson; revising the penalty for giving a false alarm of fire; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.010 is hereby amended to read as follows:
205.010 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any [dwelling] :
1. Dwelling house or other structure [,] or mobile home, whether occupied or vacant [, or any mobile home or other personal] ; or
2. Personal property which is occupied by one or more persons, whether the property of himself or of another, is guilty of arson in the first degree and shall be [sentenced to] punished by imprisonment for not less than 1 year nor more than 15 years, and may be further punished by a fine of not more than $15,000.
κ1987 Statutes of Nevada, Page 1476 (CHAPTER 624, AB 558)κ
whether the property of himself or of another, is guilty of arson in the first degree and shall be [sentenced to] punished by imprisonment for not less than 1 year nor more than 15 years, and may be further punished by a fine of not more than $15,000.
Sec. 2. NRS 475.100 is hereby amended to read as follows:
475.100 1. It is unlawful for any person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire.
2. Any person violating any of the provisions of this section shall be punished.
(a) If the act is malicious and another person suffers death or substantial bodily harm as a result, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) [If the act is malicious but no death or substantial bodily harm results, for a gross misdemeanor.
(c)] Otherwise, for a gross misdemeanor.
3. This section [shall not be construed to] does not apply to alarms given for practice by any chief of a fire department or by any other person properly authorized to give such alarms, nor to alarms given by any person to attract attention of police, firemen or other people to acts of violence, disorder or menace.
________
Assembly Bill No. 468Assemblyman Jeffrey
CHAPTER 625
AN ACT relating to public works; defining domestic contractor for the purpose of the limitation on granting contracts for public works to a contractor in another state; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in subsection 2, if a bidder on any contract for a public work to be let by a public body has his principal place of business in another state, he may not be awarded the contract unless he submits a bid which is lower than the lowest bid of a domestic contractor by the same percentage that would be required by the state in which his principal place of business is located of a bidder who has his principal place of business in this state and who is seeking the award of a similar contract in that other state, as compared to a bidder domiciled in that state.
κ1987 Statutes of Nevada, Page 1477 (CHAPTER 625, AB 468)κ
2. If any federal statute or regular [would preclude] precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
3. As used in this section, domestic contractor means a contractor who has been doing business in this state continuously for at least 3 years.
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Senate Bill No. 102Committee on Judiciary
CHAPTER 626
AN ACT making an appropriation to the welfare division of the department of human resources for a program to prepare children in foster care for living as independent adults; and providing other matters properly relating thereto.
[Approved June 17, 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 welfare division of the department of human resources for a program to provide children in foster care who are approaching or have reached the age of 18 with employment counseling, practical skills in the management of money and such other services as are necessary to prepare them for living as independent adults the sum of $42,500 for fiscal year 1988-89.
Sec. 2. If the welfare division receives any money during fiscal year 1988-89 from the Federal Government for such a program, the amount of the sum appropriated by section 1 of this act must be reduced by the amount received, and that amount reverts to the state general fund upon receipt of the federal money.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committee for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
________
κ1987 Statutes of Nevada, Page 1478κ
Senate Bill No. 209Committee on Finance
CHAPTER 627
AN ACT making an appropriation for the continuation of the study and testing of deep carbonate aquifers in eastern and southern Nevada; and providing other matters properly relating thereto.
[Approved June 17, 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 the sum of $400,000 in each of the fiscal years beginning respectively on July 1, 1987, and July 1, 1988, for continuation of the study and testing of the aquifers of the deep carbonate rocks of eastern and southern Nevada.
Sec. 2. The money appropriated by section 1 of this act must be deposited into the account in the state general fund provided for in section 2 of chapter 641, Statutes of Nevada 1985, at page 2090.
Sec. 3. The money appropriated by section 1 of this act is available only to the extent that an equal amount of federal money is available for the project.
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Senate Bill No. 208Committee on Finance
CHAPTER 628
AN ACT making an appropriation to the Nevada State Council on the Arts in support of the arts; and providing other matters properly relating thereto.
[Approved June 17, 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 Nevada State Council on the Arts for the support of the arts:
For the fiscal year 1987-88.......................................................................... $50,000
For the fiscal year 1988-89.......................................................................... 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.
________
κ1987 Statutes of Nevada, Page 1479κ
Senate Bill No. 529Committee on Commerce and Labor
CHAPTER 629
AN ACT relating to vehicles; requiring the administrator of financial institutions to adopt forms for use in the sale of vehicles; requiring certain persons to use the forms; prescribing certain disclosures to be included in the forms; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 97 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. For the purposes of sections 3 and 4 of this act, vehicle has the meaning ascribed to it in NRS 482.135.
Sec. 3. The administrator of financial institutions shall establish, by regulation, forms for the application for credit and the contract to be used in the sale of vehicles when the sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle. The forms must meet the requirements of NRS 97.165 and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:
1. Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.
2. In specifying the amount of the buyers down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturers rebate applied to the down payment.
3. Contain a description of any property given in trade as part of the down payment.
4. Contain a description of the method for calculating the unearned portion of the time price differential upon prepayment in full of the unpaid time balance as prescribed in NRS 97.225.
5. Include the following notice in at least 10-point bold type:
NOTICE TO BUYER
Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the time price differential. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.
κ1987 Statutes of Nevada, Page 1480 (CHAPTER 629, SB 529)κ
Sec. 4. When a vehicle is sold in this state and a security interest is taken to secure all or a part of the purchase price of the vehicle, the seller and any other lender shall use the forms prescribed by the administrator of financial institutions pursuant to section 3 of this act.
Sec. 5. NRS 97.305 is hereby amended to read as follows:
97.305 Any seller who enters into any contract or agreement which does not comply with the provisions of this chapter or who violates any provision of this chapter , and any other lender who violates section 4 of this act, except as a result of an accidental or bona fide error is barred from the recovery of any time price differential, official fees, or any delinquency or collection charge under or in connection with the related retail installment contract or purchased under a retail charge agreement; but the seller or other lender may nevertheless recover from the buyer an amount equal to the cash price of the goods or services and the cost to the seller or other lender of any insurance included in the transaction.
Sec. 6. 1. This section and sections 1, 2 and 3 of this act become effective upon passage and approval.
2. Sections 4 and 5 of this act become effective on July 1, 1987.
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Senate Bill No. 111Committee on Human Resources and Facilities
CHAPTER 630
AN ACT relating to education; authorizing the superintendent of public instruction to grant certain exemptions from the requirement that unlicensed personnel of school districts be directly supervised by licensed personnel; requiring unlicensed personnel who perform instructional duties to submit their fingerprints for investigation; requiring administrative supervision of noninstructional duties performed by unlicensed personnel; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless specifically exempted pursuant to subsection 4, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature.
2. Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.
3. Unlicensed personnel may perform duties under administrative supervision which are not primarily instructional in nature.
4. Upon application by a superintendent of schools, the superintendent of public instruction may grant an exemption from the provisions of subsection 1.
κ1987 Statutes of Nevada, Page 1481 (CHAPTER 630, SB 111)κ
public instruction may grant an exemption from the provisions of subsection 1. The superintendent shall not grant an exemption unless:
(a) The duties are within the employees special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.020.
4. The superintendent of public instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties he may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the superintendent of public instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
5. The superintendent of public instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
Sec. 2. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof [. The personnel who are not licensed must be directly supervised by licensed personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a licensed person in attendance.] ; and
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation for its report.
κ1987 Statutes of Nevada, Page 1482 (CHAPTER 630, SB 111)κ
4. The board of trustees of a school district may employ or appoint persons to serve as security officers who have the powers of peace officers.
Sec. 3. This act becomes effective at 12:01 a.m. on July 1, 1987.
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Assembly Bill No. 349Assemblymen Schofield and Dini
CHAPTER 631
AN ACT relating to hazardous waste; restricting the issuance and renewal of permits for facilities for the treatment, storage or disposal of hazardous waste; permitting the assertion of certain claims; removing restrictions on the regulation of the generation of hazardous waste; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.520 is hereby amended to read as follows:
459.520 1. The commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the department for a permit to operate such a facility must show that local authorization has been obtained.
3. Permits may contain terms and conditions which the department considers necessary and which conform to the provisions of regulations adopted by the commission.
4. Permits may be issued for any period of not more than 5 years.
5. A permit may not be granted or renewed if the director determines that granting or renewing the permit is inconsistent with any regulation of the commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.
6. The department may suspend or revoke a permit pursuant to the commissions regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the commission relating to hazardous waste.
Sec. 2. NRS 459.525 is hereby amended to read as follows:
459.525 1. The commission shall adopt regulations requiring that the owner or operator of any facility for the treatment, storage or disposal of hazardous waste show his financial responsibility for the undertaking by providing:
κ1987 Statutes of Nevada, Page 1483 (CHAPTER 631, AB 349)κ
(a) Evidence that he has a policy of liability insurance in an amount which the department has determined is necessary for the protection of human health, public safety and the environment;
(b) Evidence of security, in a form and amount which the department deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and
(c) Any other evidence of financial responsibility which the commission finds necessary for those purposes.
2. Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of financial responsibility is required may be asserted directly against the insurer, guarantor, surety or other person providing such evidence if the owner or operator:
(a) Has filed a petition in bankruptcy, or is the object of an involuntary petition;
(b) Cannot respond in damages in the event a judgment is entered against him; or
(c) Is not subject to the personal jurisdiction of any court of this or any other state, or of the United States, or cannot, with due diligence, be served with process.
4. If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense which:
(a) He might have asserted in any action against him by the owner or operator; or
(b) The owner or operator might have asserted, had the claim been made against him.
Sec. 3. NRS 459.495 is hereby repealed.
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κ1987 Statutes of Nevada, Page 1484κ
Assembly Bill No. 81Committee on Taxation
CHAPTER 632
AN ACT relating to purchasing by local governments; revising the provisions governing exceptions to the requirements for competitive bidding; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.115 is hereby amended to read as follows:
332.115 1. Contracts which by their nature are not adapted to award by competitive bidding, including [but not limited to:] contracts for:
(a) Items which may only be contracted from a sole source;
(b) [Contracts for professional] Professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of any inventory of replacement parts maintained by the local government is compatible with existing equipment;
(e) [For any insurance; and
(f)] Purchases of perishable goods by a county or district hospital [,] ;
(f) Any insurance;
(g) Software for computers; and
(h) Books, library materials and subscriptions,
may not be subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
2. Except in cases of emergency, at least 60 days before the expiration [date] of any existing contract for insurance in which the local government is the insured , the governing body shall cause to be given, by advertising [,] or in another manner deemed adequate and desirable by the governing body, notice of the [expiration date of such the] date the contract for insurance [.] expires.
3. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 2. NRS 332.125 is hereby repealed.
Sec. 3. This act becomes effective at 12:01 a.m. on July 1, 1987.
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κ1987 Statutes of Nevada, Page 1485κ
Assembly Bill No. 255Committee on Ways and Means
CHAPTER 633
AN ACT relating to the state public works board; reducing its membership; making various changes regarding the manager of the board; designating the director of the department of administration as the chairman of the board; providing for the filing and approval of certain contracts; providing a time for submission of certain recommendations; providing for the expiration of the terms of the current members and the reappointment of certain members; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 341.020 is hereby amended to read as follows:
341.020 The state public works board, consisting of the [chief of the budget division] director of the department of administration and [nine] six members to be appointed by the governor, is hereby created.
Sec. 2. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and such other technical and clerical assistants as may be necessary to carry into effect the [purposes of its acts.] provisions of this chapter.
2. The manager and his deputy are in the unclassified service of the state.
3. The manager and his deputy:
(a) Must each be a registered professional engineer pursuant to the provisions of chapter 625 of NRS or an architect licensed under the provisions of chapter 623 of NRS; and
(b) Shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
4. The manager shall [serve] :
(a) Serve as the secretary of the board.
(b) Manage the daily affairs of the board.
(c) Represent the board before the legislature.
(d) Prepare and submit to the board, for its approval, the recommended priority for proposed capital improvement projects and provide the board with an estimate of the cost of each such project.
(e) Make recommendations to the board for the selection of architects, engineers and contractors.
(f) Make recommendations to the board regarding the acceptance of completed projects.
(g) Advise the board and the legislature, or the interim finance committee if the legislature is not in session, on a monthly basis of the progress of all public works projects which are a part of the approved capital improvement program.
κ1987 Statutes of Nevada, Page 1486 (CHAPTER 633, AB 255)κ
Sec. 3. NRS 341.191 is hereby amended to read as follows:
341.191 1. The board shall submit reports and make recommendations relative to its findings to the governor and to the legislature. The board shall particularly recommend to the governor and to the legislature the priority of construction of any and all buildings or other construction work now authorized or that may hereafter be authorized or proposed.
2. The board shall submit before October 1 of each even-numbered year its recommendations for projects for capital improvements in the next biennium.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the risk management division.
2. Shall appoint a chief of the budget division or may [personally] serve in this position if he has the qualifications required by NRS 353.175.
3. Shall [personally] serve as chief of the hearings division and shall appoint the hearing officers, who are in the classified service of the state.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
[5.] 6. Has such other powers and duties as are provided by law.
Sec. 6. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave; or
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.
κ1987 Statutes of Nevada, Page 1487 (CHAPTER 633, AB 255)κ
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.
6. Except as otherwise provided in subsection 7, and except contracts entered into by the University of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are for amounts less than $2,000 or in contracts necessary to preserve life and property, for amounts less than $5,000. The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings [.] , if the contracting process was controlled by the rules of open competitive bidding.
(c) Contracts executed by the housing division of the department of commerce.
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
Sec. 7. 1. The terms of all current members of the state public works board expire July 1, 1987.
2. The governor shall reappoint to the board six of the members whose terms expired July 1, 1987, as follows:
(a) Two members to terms ending June 30, 1988;
(b) Two members to terms ending June 30, 1989; and
(c) Two members to terms ending June 30, 1990.
Sec. 8. Section 6 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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κ1987 Statutes of Nevada, Page 1488κ
Senate Bill No. 369Committee on Government Affairs
CHAPTER 634
AN ACT relating to planning; requiring apartment complexes to have street numbers attached; requiring each business in a commercial shopping center to have an identifying number on its back door; and providing other matters properly relating thereto.
[Approved June 17, 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:
1. Each governing body shall require by ordinance that the owner of every:
(a) Apartment complex place the number of its street address on the complex in such a manner that the police, fire department and other persons responding to an emergency can readily locate individual dwelling units within the complex.
(b) Commercial shopping center place on the back door of each business in the shopping center, in numerals at least 3 inches high, a number identifying that business.
2. As used in this section, apartment complex means a building or group of buildings, each building of which is arranged in several suites of connecting rooms, each suite designed for independent housekeeping.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 [For the purpose of] As used in NRS 278.010 to 278.630, inclusive, [and] section 9 of [this act:] Senate Bill No. 248 of this session, and section 1 of this act, unless the context otherwise requires:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
4. Commission means the planning commission of the city, the county or the region, as established by ordinance.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, [and] section 9 of [this act,] Senate Bill No. 248 of this session, and section 1 of this act, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
κ1987 Statutes of Nevada, Page 1489 (CHAPTER 634, SB 369)κ
office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, [and] section 9 of [this act,] Senate Bill No. 248 of this session, and section 1 of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not included a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivision means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
Sec. 3. Section 2 of this act becomes effective at 12:01 on July 1, 1987.
________
Senate Bill No. 168Committee on Finance
CHAPTER 635
AN ACT relating to education; authorizing the state board of education to approve certain programs for the education of teachers; authorizing the commission on professional standards in education to grant relief from its regulations regarding the licensure of educational personnel; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.080 is hereby amended to read as follows:
385.080 1. The state board may adopt regulations for its own government and as necessary for the execution of the powers and duties conferred upon it by law.
κ1987 Statutes of Nevada, Page 1490 (CHAPTER 635, SB 168)κ
government and as necessary for the execution of the powers and duties conferred upon it by law.
2. The state board may adopt regulations for the approval of programs for the education of teachers which are accredited by the National Council of Accreditation of Teacher Education.
Sec. 2. Senate Bill No. 467 of this session is hereby amended by adding thereto a new section, designated sec. 11.3, following sec. 11, to read as follows:
Sec. 11.3. The commission may adopt regulations which provide relief from the strict application of the terms of its regulations relating to the licensure of teachers and other educational personnel for the resolution of medical or administrative conflicts. The conflicts must be resolved within 6 months after the date the relief is granted.
Sec. 3. This act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 785Assemblymen Callister, Brookman, Tebbs, Sedway, Jeffrey, Nevin, Porter, Kerns, Wisdom, Spinello, Myrna Williams, Freeman, Gaston, Getto, Swain, Arberry, Evans, Garner, Humke, Wendell Williams, Nicholas, McGaughey, DuBois, Schofield, Bergevin, Sader, Thompson, Adler, Kissam, Lambert, Craddock, Haller, Triggs, Marvel and Dini
CHAPTER 636
AN ACT relating to the disposal of solid waste; imposing a civil penalty; providing for rewards; requiring the posting of certain notices; limiting the use of unsupervised disposal sites; providing a penalty; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Any person convicted of violating section 5 of this act and, in addition to the penalty imposed in NRS 444.630, any person convicted of violating NRS 444.630 is liable for a civil penalty, upon each such conviction.
2. Every court, before whom a defendant is convicted of a violation of NRS 444.630 or section 5 of this act, shall order the defendant to pay a civil penalty which is at least $250 but not more than $2,000. If so provided by the court, the penalty may be paid in installments.
3. The health authority or division of environmental protection of the state department of conservation and natural resources may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
κ1987 Statutes of Nevada, Page 1491 (CHAPTER 636, AB 785)κ
collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
4. Each court which receives money under the provisions of this section shall forthwith remit the money to the division of environmental protection or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be used only to pay rewards pursuant to section 3 of this act or for the management of solid waste and paid as other claims against the state or local governments are paid.
Sec. 3. 1. The division of environmental protection of the state department of conservation and natural resources or the district health department shall offer a reward, in an amount equal to 50 percent of the civil penalty imposed pursuant to section 2 of this act, for information leading to the arrest and conviction of any person violating NRS 444.630 or section 5 of this act. The reward must be paid upon his conviction and the payment in full of the penalty. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.
2. The state environmental commission or district board of health may adopt regulations necessary to carry out the provisions of this section.
Sec. 4. 1. The division of environmental protection of the state department of conservation and natural resources, and the district health officer in his district or the board of county commissioners in a county without a district health officer shall post notices of the provisions of NRS 444.630 or section 5 of this act, whichever is appropriate.
2. The notice must also contain an offer of a reward for information leading to the arrest and conviction of any person violating NRS 444.630 or section 5 of this act.
Sec. 5. A disposal site established by a municipality for which no person is employed to control access to and use of the site may be used only for the disposal of solid waste by:
(a) The residents of the municipality; or
(b) Tourists in the area for noncommercial reasons.
Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 6. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inclusive, and section 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.500, inclusive, have the meanings ascribed to them in [NRS 444.460 to 444.500, inclusive, unless a different meaning clearly appears in the context.] those sections.
________
κ1987 Statutes of Nevada, Page 1492κ
Senate Bill No. 226Committee on Taxation
CHAPTER 637
AN ACT relating to taxation; clarifying the time for appeal of a decision made by the department of taxation; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.245 is hereby amended to read as follows:
360.245 1. All decisions of the executive director or other officer of the department made pursuant to subsection 2 of NRS 360.130 [shall be] are final unless appealed to the tax commission as provided by law. Any natural person, partnership, corporation, association or other business or legal entity may so appeal by filing a notice of appeal with the department within [15] 20 days [receipt] service of the decision [.] upon that person or business or legal entity.
2. Service of the decision must be made personally or by certified mail. If service is made by certified mail:
(a) The decision must be enclosed in an envelope which is addressed to the taxpayer at his address as it appears in the records of the department.
(b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.
3. The Nevada tax commission, as head of the department, may review all other decisions made by the executive director and may reverse, affirm or modify them.
________
Assembly Bill No. 801Committee on Taxation
CHAPTER 638
AN ACT relating to metropolitan police departments; revising the schedule for submitting budgetary information of the departments; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.190 is hereby amended to read as follows:
280.190 The commission shall:
1. Direct the department to prepare and shall approve an annual operating budget for the department.
2. Submit the budget to the governing bodies of the participating political subdivisions before [March] April 1 for funding for the following fiscal year.
κ1987 Statutes of Nevada, Page 1493 (CHAPTER 638, AB 801)κ
3. Direct the department to prepare and shall adopt the funding apportionment plan provided for in NRS 280.201 and submit the plan before [January] February 1 to the governing bodies of the participating political subdivisions for approval. The governing bodies shall approve or reject the plan before [February] March 1.
4. If any of the governing bodies fails to approve the apportionment plan, the plan or any disputed element thereof must be submitted to an arbitration panel for resolution. The governing body of each participating political subdivision shall name one arbitrator to the panel, who must reside within this state. If this results in an even number of arbitrators, the arbitrators so named shall, by majority vote, select an additional arbitrator, who must reside within this state and who shall serve as chairman of the panel. The department shall provide such advice and technical and clerical assistance as is requested by the panel. The panel must make its decision and submit it to the participating political subdivisions before [March] April 1. When submitted, the decision is final and binding upon the participating political subdivisions. Except as otherwise provided in this section, the provisions of the Uniform Arbitration Act contained in NRS 38.015 to 38.205, inclusive, apply.
Sec. 2. NRS 280.201 is hereby amended to read as follows:
280.201 1. The funding apportionment plan must exclude the cost of:
(a) Operating and maintaining a county or a branch county jail;
(b) A rural program of resident officers, where applicable; and
(c) Any program of contract services which is totally funded by the contracting agency or entity.
The costs described in paragraphs (a) and (b) are a proper charge against the county. The capital costs of building a county or a branch county jail are the responsibility of the board of county commissioners.
2. If a department operates a program for school crossing guards, each participating political subdivision must pay the cost of operating the positions located within its jurisdiction.
3. The funding apportionment plan must apportion the anticipated costs of operating and maintaining the department, and capital costs, after deducting all anticipated revenue internally generated by the department, among the participating political subdivisions according to the formula developed by the department pursuant to this section.
4. In developing the formula, the department must divide its budget into the following functional areas:
(a) Activities which are the responsibility of any one of the participating political subdivisions.
(b) Contract services which are performed solely for another agency or entity.
(c) Administrative or supporting activities.
(d) The remaining activities, services or programs are to be allocated to those functional areas which are to be jointly funded by the participating political subdivision.
κ1987 Statutes of Nevada, Page 1494 (CHAPTER 638, AB 801)κ
Contract services which are performed solely for another agency or entity must each be identified as a separate functional area.
5. The department must identify the bureaus, sections, divisions and groups that are assigned to each functional area. Each functional area must be a separate accounting unit within the budget of the department for the purpose of apportioning the cost among the participating political subdivisions.
6. The costs of the activities of administration or support must be allocated to the other functional area to which they apply in the ratio that the cost of each functional area bears to the combined costs of the other functional areas.
7. The costs of each functional area which is to be jointly funded, including the administrative and support costs allocated in accordance with subsection 6, must be apportioned among the participating political subdivisions as follows:
(a) The cost of uniformed functions in the field must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the permanent population of the participating political subdivisions, as determined annually by the governor, the total number of calls for service which were dispatched by the department in each participating political subdivision, excluding:
(1) Calls for service with respect to felony crimes;
(2) Calls for service originating in those areas which were served by a rural program of resident officers; and
(3) Calls for service originating from a program of contract services which is totally funded by the contracting agency or entity,
and the total number of felonies which were reported in each participating political subdivision, excluding reports of felonies originating from a rural program of resident officers or a program of contract services. The number of calls for service and the number of felonies reported must have been made during the 12 months preceding [December] January 1 of the current fiscal year.
(b) The cost of the investigative function must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the total number of felonies which were reported in each participating political subdivision during the 12 months preceding [December] January 1 of the current fiscal year.
8. For the purpose of subsection 7, the population attributable to a county does not include the population of the cities within that county or the population of those areas within that county which are served by a rural program of resident officers.
9. The department shall maintain all of the statistics necessary to effectuate the funding apportionment plan and shall maintain accurate records in support of the determination required in order to comply with this section.
κ1987 Statutes of Nevada, Page 1495 (CHAPTER 638, AB 801)κ
records in support of the determination required in order to comply with this section.
10. If, in the initial year of the merger, the statistics necessary to determine the funding apportionment plan for the remainder of that year are incomplete, the department shall prepare a funding apportionment plan for the remainder of that year based upon the most accurate statistics available, and apply it as closely as possible in the manner prescribed in this section. The fact that a budget, a funding apportionment plan and a rural program of resident officers are not prepared and submitted when due does not invalidate any of them.
________
Senate Bill No. 464Committee on Judiciary
CHAPTER 639
AN ACT relating to vital statistics; prohibiting release without a court order of a certificate of birth of a missing child; requiring the registrar of vital statistics to report to the attorney general or the investigation division of the department of motor vehicles and public safety the identity of any person who requests a certificate for such a child; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
The state registrar shall not, without a court order to do so, issue to any person or governmental entity an original or copy of the certificate of birth of a child who is listed as missing in the bulletin prepared by the attorney general pursuant to NRS 432.160. The state registrar shall inform the attorney general or the investigation division of the department of motor vehicles and public safety of the name and identifying information, dates and circumstances of any person or governmental entity requesting the certificate of birth of such a child without a court order and any other information which might be helpful in furthering the purposes of NRS 432.150 to 432.220, inclusive.
________
κ1987 Statutes of Nevada, Page 1496κ
Assembly Bill No. 846Committee on Government Affairs
CHAPTER 640
AN ACT relating to collective bargaining; removing designation of proper person to negotiate on behalf of local government; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as provided in subsection 4, it is the duty of every local government employer to negotiate in good faith through a representative or representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached [shall] must be reduced to writing. [Where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, such officer is the proper person to negotiate, directly or through a representative or representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative or representatives any matter beyond the scope of his authority.]
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or work week.
(h) Total number of days work required of an employee in a work year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provision of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
κ1987 Statutes of Nevada, Page 1497 (CHAPTER 640, AB 846)κ
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Procedures for reduction in work force.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of [funds,] money, subject to paragraph (t) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation work load factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Such actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection shall not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate such matters.
7. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. shall remain negotiable.
________
κ1987 Statutes of Nevada, Page 1498κ
Senate Bill No. 485Senator Beyer
CHAPTER 641
AN ACT relating to human organs; prohibiting the sale or purchase of human organs; providing a penalty; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not knowingly sell, acquire, receive or otherwise transfer for valuable consideration any human organ for use in human transplantation.
2. As used in this section:
(a) Human organ includes the human kidney, liver, heart, lung, bone marrow and any other part of the human body except blood.
(b) Valuable consideration does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control or storage of a human organ or the expenses of travel, housing and lost wages incurred by the donor in connection with the donation of a human organ.
3. Any person who violates this section is guilty of a misdemeanor.
________
Senate Bill No. 475Senator Malone
CHAPTER 642
AN ACT relating to financial responsibility for the operation of a motor vehicle; requiring an insurer to notify the department of motor vehicles and public safety when a policy of insurance on certain vehicles is terminated; authorizing the department to verify subsequent insurance for those vehicles; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 690B.023 is hereby amended to read as follows:
690B.023 [If] 1. Except as otherwise provided in subsection 2, if security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall [provide] :
(a) Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must show:
[1.] (1) The name and address of the policyholder;
κ1987 Statutes of Nevada, Page 1499 (CHAPTER 642, SB 475)κ
[2.] (2) The year and make of the insured vehicle or vehicles, if applicable;
[3.] (3) The term of the insurance; and
[4.] (4) That the coverage meets the requirements set forth in NRS 485.185.
(b) Notify the registration division of the department of motor vehicles and public safety upon termination of the contract. This notice must be mailed to the division within 14 days after the termination becomes final.
2. Paragraph (b) of subsection 1 does not apply to any contract of insurance on a:
(a) Motorcycle;
(b) Motor home;
(c) Mini motor home; or
(d) Chassis-mount camper.
Sec. 2. NRS 690B.023 is hereby amended to read as follows:
690B.023 1. Except as otherwise provided in subsection 2, if security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall:
(a) Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must show:
(1) The name and address of the policyholder;
(2) The year , [and] make and complete identification number of the insured vehicle or vehicles;
(3) The term of the insurance; and
(4) That the coverage meets the requirements set forth in NRS 485.185.
(b) Notify the registration division of the department of motor vehicles and public safety upon termination of the contract. This notice must be mailed to the division within 14 days after the termination becomes final.
2. Paragraph (b) of subsection 1 does not apply to any contract of insurance on a:
(a) Motorcycle;
(b) Motor home;
(c) Mini motor home; or
(d) Chassis-mount camper.
Sec. 3. 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 registered owners [in] :
(a) For which a contract of insurance as security was previously terminated pursuant to NRS 690B.023; or
(b) In this state, except registered owners of motorcycles and motor homes, on which the security is a contract of insurance ,
for a verification of liability insurance.
2. The department shall mail a form for verification to the registered owner selected for verification of insurance. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owners or operators policy of liability insurance, and return the completed form within 15 days after the date on which the form was mailed by the department.
κ1987 Statutes of Nevada, Page 1500 (CHAPTER 642, SB 475)κ
including whether he carries an owners or operators policy of liability insurance, 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 as indicated on the form by the registered owner.
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:
(a) Not returned to the department by the registered owner within 15 days;
(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:
(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 he 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 on the date he 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 registered 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 a registered 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.
κ1987 Statutes of Nevada, Page 1501 (CHAPTER 642, SB 475)κ
proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
Sec. 4. 1. This section and section 1 of this act become effective at 12:01 a.m. on July 1, 1987.
2. Section 3 of this act becomes effective at 12:03 a.m. on July 1, 1987.
3. Section 2 of this act becomes effective on July 1, 1988.
________
Assembly Bill No. 613Committee on Ways and Means
CHAPTER 643
AN ACT relating to the University of Nevada; authorizing the improvement of the building that houses Western Nevada Community College; authorizing the acquisition and construction of a building to house facilities for research at the campus of the University of Nevada, Reno; authorizing the construction of an Alumni House at the University of Nevada, Las Vegas; authorizing the issuance of general obligation bonds of the state to pay the cost of the projects; pledging certain revenues as additional security for such bonds; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
κ1987 Statutes of Nevada, Page 1502 (CHAPTER 643, AB 613)κ
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251 [.] and on the bonds authorized to be issued by section 2 of this act. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If [those] bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the [refunded] original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the [refunded] original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the [refunded] original bonds.
6. After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, design, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
κ1987 Statutes of Nevada, Page 1503 (CHAPTER 643, AB 613)κ
section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 2 1. On or after August 30, 1988, the board of regents shall issue general obligation bonds of the State of Nevada to provide money necessary to accomplish the purposes of this act, but not more than $4,600,000 in face amount. The bonds may be issued at one time or from time to time.
2. The board of regents, on behalf and in the name of the State of Nevada, may, consistent with the provisions of the State Securities Law:
(a) Finance the construction, acquisition and improvement of a new building and other facilities required or desired by the university as an expansion of the building housing Western Nevada Community College in Carson City, Nevada, and equipment, furniture and other appurtenances thereto, by the issuing of general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $2,000,000.
(b) Finance the construction, acquisition and improvement of a building to house facilities for research on the campus of the University of Nevada, Reno, and other facilities required and desired by the university therefor, including equipment, furnishings and appurtenances thereto by the issuing of general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $2,200,000.
(c) Finance the construction, acquisition and improvement of a new Alumni House on the campus of the University of Nevada, Las Vegas, and other facilities required and desired by the university therefor, including equipment, furniture and other appurtenances thereto, by the issuing of general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $400,000.
3. The board of regents is authorized to acquire and construct the projects designated in subsection 2 and to issue state securities to finance the costs of those projects in a total principal amount not to exceed $4,600,000.
4. If bonds or other securities are issued pursuant to this act, the faith of the state is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and credited to the capital construction fund for higher education and the special capital construction fund for higher education pursuant to subsection 5 of this section will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.
5. Subject to the limitations as to maximum principal amounts in subsections 1, 2 and 3, the board of regents may issue to defray the cost of each project designated in subsection 2, or any part of each project, at any time or from time to time general obligation securities of the state, which are payable from ad valorem taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor.
κ1987 Statutes of Nevada, Page 1504 (CHAPTER 643, AB 613)κ
are payable from ad valorem taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the special capital construction fund for higher education and the capital construction fund for the higher education, and those securities must be paid from the revenues in either or both of those accounts as the interest on, any prior premiums of redemption due in connection with, and the principal of the securities become due.
6. As provided by subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on any project must be accounted for in an account or accounts for defraying, and must be used to defray, the cost of any project, or all projects, or accounted for in a reserve account, or reserve accounts therefor, until sufficient money has been encumbered to assure the completion of each project.
7. Any securities issued pursuant to this section may be issued in such a manner at, above, or below par, without limitation as to interest rate, effective interest rate, or any discount, and may be sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.
8. This section does not prevent the board of regents from funding, refunding, or reissuing any outstanding general obligation securities of the state issued by the board of regents on behalf of the state for the benefit of the University of Nevada System, and payable from ad valorem taxes, which payment is additionally secured by a pledge of proceeds of excise tax credited to those two capital accounts, at any time as provided in the State Securities Law.
9. Any securities issued pursuant to this section must be executed as provided in the State Securities Law in accordance with NRS 349.282 and must be countersigned by the chairman of the board of regents and the chancellor and treasurer of the University of Nevada in accordance with NRS 349.284.
Sec. 3. Section 17 of chapter 188, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 17. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
κ1987 Statutes of Nevada, Page 1505 (CHAPTER 643, AB 613)κ
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251 and on the bonds authorized to be issued by section 2 of [this act.] Assembly Bill No. 613 of this session. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
κ1987 Statutes of Nevada, Page 1506 (CHAPTER 643, AB 613)κ
equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
6. After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, design, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 4. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of those sections control.
Sec. 5. The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.
Sec. 6. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
κ1987 Statutes of Nevada, Page 1507 (CHAPTER 643, AB 613)κ
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 125Committee on Commerce and Labor
CHAPTER 644
AN ACT relating to collection agencies; increasing the regulatory powers of the administrator of financial institutions regarding such agencies; authorizing such agencies to operate branch offices; authorizing the revocation of a license for failure to pay the fee for examination; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. In the conduct of any investigation or hearing, the administrator may:
1. Compel the attendance of any person by subpena.
2. Administer oaths.
3. Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.
Sec. 3. 1. If upon investigation it appears that a collection agency is conducting its business in violation of this chapter or the regulations adopted by the administrator, or when it appears that any person is engaging in the business of a collection agency without being licensed under the provisions of this chapter, the administrator may:
(a) Advise the district attorney of the county in which the business is conducted, and the district attorney shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter; or
(b) Bring suit in the name and on behalf of the State of Nevada against such a person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of this chapter or the regulations adopted by the administrator to enjoin any such person from continuing or engaging in such practices or doing any such act.
2. If the administrator brings suit, the district court of any judicial district may grant injunctions to prevent and restrain such practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper. The findings of the administrator shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order.
κ1987 Statutes of Nevada, Page 1508 (CHAPTER 644, SB 125)κ
evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such proceedings the administrator may apply for and on due showing is entitled to have issued the courts subpena requiring forthwith the appearance of any defendant and his employees and the production of such documents, books and records as appear necessary for the hearing of the petition, to testify and give evidence concerning the acts or conduct or things complained of in the application for an injunction.
Sec. 4. 1. A collection agency licensed in this state may apply to the administrator for a permit to operate a branch office in a location not previously approved by its license.
2. The administrator shall not issue a permit for a branch office until the principal office of the collection agency has been examined by the administrator and found to be satisfactory.
3. A branch office must have a manager on the premises during regular business hours.
4. The administrator shall adopt regulations concerning an application for a permit to operate a branch office.
Sec. 5. 1. Subject to the provisions of subsections 2 and 3, the administrator may impose an administrative fine, not to exceed $500 for each violation, if a collection agency intentionally or repeatedly commits a violation of any provision of this chapter or a regulation adopted pursuant thereto.
2. The administrator shall give written notice to a collection agency that a violation of the provisions of this chapter or the regulations adopted pursuant thereto has occurred and afford the collection agency a reasonable time to correct its actions before imposing a fine.
3. Only a single fine may be imposed for the violation of any particular statute or regulation, regardless of the number of violations of that statute or regulation that occurred before the notice required by subsection 2.
Sec. 6. Each collection agency shall maintain a signed contract with each of its customers, except for contracts which are transferred from a collection agency in another state to a collection agency in this state. The contract must include, but is not limited to:
1. The fee, commission or other charge to which the agency is entitled;
2. The manner in which any interest collected is shared between the customer and the agency; and
3. The rules governing the return of accounts, as established by regulations adopted by the administrator.
Sec. 7. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable fee of $250 for the application and survey must accompany each new application for a license as a collection agency . [license.] The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
κ1987 Statutes of Nevada, Page 1509 (CHAPTER 644, SB 125)κ
2. A fee of not less than $100 nor more than $300, prorated on the basis of the licensing year as provided by the administrator, must be charged for each original [collection agency] license issued. A fee of $200 must be charged for each annual renewal of [such] a license.
3. A fee of $10 must be charged for each duplicate [or location transfer] license or license for a transfer of location issued.
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a license as a collection agency . [license.]
5. A fee of $20 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the administrator for good cause shown.
8. A nonrefundable fee of $125 for the application and an examination must accompany each application for a permit to operate a branch office of a licensed collection agency. A fee of $100 must be charged for each annual renewal of such a permit.
9. For each examination the administrator shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
[9.] Failure to pay the fee within 30 days after receipt of the bill is a ground for revoking the collection agencys license.
10. Except as otherwise provided in subsection 1, all money received by the administrator under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 8. NRS 649.355 is hereby amended to read as follows:
649.355 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate bank account in which must be deposited all money collected. [Such] The account must be maintained in a bank located in this state and bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. [Such] The trust account must at all times contain sufficient [funds] money to pay all money due or owing to all customers, and no disbursement may be made from [such] the account except to customers or to pay costs advanced for [such] those customers, except that a licensee may periodically withdraw from [such] the account such money as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
κ1987 Statutes of Nevada, Page 1510 (CHAPTER 644, SB 125)κ
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all [funds] money deposited in [such] the account, which [record shall] must indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and [shall] must show clearly for whose account the money is deposited and to whom the money belongs. [All such] The money must be remitted to the creditors respectively entitled thereto within 30 days following the end of the month in which payment is received. [All such] The records and money are subject to inspection by the administrator or his authorized representative. The records must be maintained at the premises in this state at which the licensee is authorized to conduct business.
4. [Any disclosed shortage in trust accounts must be made up by the licensee within 5 days after the administrator gives written notice to do so. If the licensee fails or refuses to make up the shortage within the time required, the administrator may do any one or more of the following, as may be warranted under the circumstances:
(a) Issue a cease and desist order prohibiting the licensee from accepting or collecting on any new claims or accounts.
(b) Suspend the licensees license, pending a hearing and determination of the case.
(c) Compel the licensee to file within 48 hours of demand an additional bond in such form and amount as the administrator deems necessary to cover the shortage.
(d) Institute custodial, conservatorship, receivership or liquidation proceedings.] If the administrator finds that a licensees records are not maintained pursuant to subsections 2 and 3, he may require the licensee to deliver an audited financial statement prepared from his records by a certified public accountant who holds a certificate to engage in the practice of public accounting in this state. The statement must be submitted within 60 days after the administrator requests it. The administrator may grant a reasonable extension for the submission of the financial statement if an extension is requested before the statement is due.
Sec. 9. NRS 649.395 is hereby amended to read as follows:
649.395 1. The administrator may suspend or revoke the license of a collection agency, by an order made in writing and filed in his office and served on the licensee by registered or certified mail at the address shown in the records of the administrator, if:
(a) The licensee is adjudged liable in any court of law for breach of any bond given under the provisions of this chapter; or
(b) After notice and hearing, the licensee is found guilty of:
(1) Fraud or misrepresentation;
(2) AN ACT or omission inconsistent with the faithful discharge of his duties and obligations; or
(3) A violation of any provision of this chapter.
2. The administrator may suspend or revoke the license of a collection agency without notice and hearing if:
κ1987 Statutes of Nevada, Page 1511 (CHAPTER 644, SB 125)κ
(a) The suspension or revocation is necessary for the immediate protection of the public; and
(b) The licensee is afforded a hearing to contest the suspension or revocation within 20 days after the written order of suspension or revocation is served upon the licensee.
3. Upon revocation of his license, all rights of the licensee under this chapter terminate, and no application may be received from any person whose license has once been revoked.
________
Senate Bill No. 583Committee on Taxation
CHAPTER 645
AN ACT relating to Carson City; authorizing the board of supervisors of Carson City to impose an additional 2 percent tax on transient lodging; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Legislative determination. The legislature hereby determines, finds and declares:
1. The necessity for this act results from:
(a) The small population of Carson City;
(b) Its relatively small tax base;
(c) Its natural attraction for and its availability to tourists, being the capital city located on the border of the densely populated state of California and on a portion of Lake Tahoe; and
(d) Carson Citys atypical financial problems resulting from the foregoing and other singular factors.
2. A general law cannot be made applicable to the purpose of this act because of the number of atypical factors and special conditions relating thereto.
3. The powers in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provision.
Sec. 2. Imposition of tax on revenue from rental of transient lodging. The board of supervisors of Carson City may by resolution, in addition to any other tax levied, levy a tax at a rate of not more than 2 percent of the gross receipts from the rental of transient lodging in that county upon all persons in the business of providing lodging.
Sec. 3. Permitted uses of proceeds of tax. The proceeds from the tax imposed pursuant to section 2 of this act must be used to redeem the general obligation bonds issued for:
1. The golf course known as the Eagle Valley II golf course in Carson City; or
κ1987 Statutes of Nevada, Page 1512 (CHAPTER 645, SB 583)κ
2. Any other recreational facilities.
Sec. 4. Manner of collecting and administering tax. A tax imposed pursuant to section 2 of this act must be collected and administered pursuant to NRS 244.335.
________
Assembly Bill No. 400Assemblymen Sedway, Nevin, Evans, Wisdom, Wendell Williams, Myrna Williams, Haller, Price, Triggs, Kissam, Spinello, Callister, Craddock, Freeman, Arberry, Swain, Schofield, Thompson, Gaston, Bergevin, DuBois, McGaughey, Getto, Kerns, Lambert, Marvel, Humke and Tebbs
CHAPTER 646
AN ACT relating to indigent persons; requiring counties to adopt standards of eligibility for financial and medical assistance; establishing a minimum standard for eligibility for medical assistance; authorizing an appeal of a denial of benefits; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board of county commissioners shall adopt an ordinance and any related policies which establish the standards of eligibility for medical and financial assistance to indigent persons. The ordinance and policies must specify the allowable income, assets and other resources or potential resources of persons eligible for assistance. The board of county commissioners shall file the ordinance and policies with the secretary of state within 30 days after adoption, but not later than July 1, 1988. Any amendment to the ordinance or policies must be filed with the secretary of state within 30 days after adoption.
2. A countys standards of eligibility for medical assistance must not deny eligibility to a person living in a household which has a total monthly income of less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
For the purposes of this subsection, income includes the entire income of a household and the amount which a county projects a person or household is able to earn. Household is limited to a person and his spouse, parents, children, brothers and sisters residing with him.
3. A countys program of medical assistance to indigent persons must provide payment for:
κ1987 Statutes of Nevada, Page 1513 (CHAPTER 646, AB 400)κ
(a) Emergency medical care; and
(b) All other medically necessary care rendered in a medical facility designated by the county.
4. As used in this section, emergency medical care means any care for an urgent medical condition which is likely to result in serious and permanent bodily disability or death if the patient is transported to a medical facility designated by the county.
Sec. 3. 1. A person who is denied by a county medical or financial assistance pursuant to this chapter may appeal that denial in accordance with procedures adopted by the county. Each county shall adopt procedures for appeals which comply with the requirements of this section.
2. The procedures must provide for adequate notice to the person denied assistance and the opportunity for a hearing. Any employee or other representative of the county who investigated or made the initial decision to deny assistance shall not participate in any decision made pursuant to the hearing.
3. A decision adverse to the person denied assistance must be in writing and set forth the factual basis for the decision and the applicable regulation. A copy of the decision must be served personally or by certified mail upon each party and his representative.
4. A person aggrieved by the final decision of the county may, within 30 days after the date on which the written notice of the decision is served or mailed, petition the district court where he resides to review the decision. The court shall review the decision on the record of the case before the county, a copy of which must be certified as correct by the county and filed with the court as part of its answer to the petition.
5. Before the date set by the court for a hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the county, the court may order that the additional evidence be taken before the county upon conditions determined by the court. The county may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
6. The review must be conducted by the court without a jury and must be confined to the record. The court, at the request of a party, may hear oral arguments and receive written briefs.
7. The court shall not substitute its judgment for that of the county as to the weight of the evidence on questions of fact. The court may affirm the decision of the county or remand the case for further proceedings. The court may reverse the decision and remand the case to the county for further proceedings if it determines that substantial rights of the appellant have been prejudiced because the countys findings, inferences, conclusions or decisions are:
κ1987 Statutes of Nevada, Page 1514 (CHAPTER 646, AB 400)κ
(a) In violation of constitutional, statutory or regulatory provisions;
(b) In excess of the statutory authority of the county;
(c) Made in accordance with an unlawful procedure;
(d) Affected by other errors of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary and capricious.
8. An aggrieved party may appeal any final judgment of the district court to the supreme court in the same manner as a civil case.
Sec. 4. NRS 428.010 is hereby amended to read as follows:
428.010 1. To the extent that money may be lawfully appropriated by the board of county commissioners for this purpose pursuant to NRS 428.050 and 428.285, and section 42 of [this act,] Assembly Bill No. 289 of this session, every county shall provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident, lawfully resident therein, when [such] those persons are not supported or relieved by their relatives or guardians, by their own means, or by state hospitals, or other state, federal or private institutions or agencies.
2. Except as otherwise provided in section 28 of [this act,] Assembly Bill No. 289 of this session, the boards of county commissioners of the several counties [may] shall establish and approve policies and standards, prescribe a uniform standard of eligibility, appropriate money for this purpose and appoint agents who will develop regulations and administer these programs to provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.
Sec. 5. NRS 428.030 is hereby amended to read as follows:
428.030 1. When any [poor] person meets the uniform standards of eligibility established by the board of county commissioners or by section 26 of [this act,] Assembly Bill No. 289 of this session, if applicable, [and does not have relatives of sufficient ability to care for and maintain him, or when such relatives refuse or neglect to care for and maintain him,] then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of [this act,] Assembly Bill No. 289 of this session, for this purpose.
2. The board of county commissioners shall pay hospitals for the costs of treating indigent inpatients who reside in the county an amount which is not less than 85 percent of the prospective payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of [this act,] Assembly Bill No. 289 of this session, for this purpose.
3. The board of county commissioners may:
(a) Make contracts for the necessary maintenance of poor persons;
(b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of poor persons;
κ1987 Statutes of Nevada, Page 1515 (CHAPTER 646, AB 400)κ
(c) Authorize the payment of cash grants directly to poor persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).
Sec. 6. Sections 4 and 5 of this act become effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 782Committee on Elections
CHAPTER 647
AN ACT relating to political parties; prohibiting the conditioning of a persons right to be a delegate to a convention or a member of a central committee upon the payment of money; revising the provisions governing membership in a county or state central committee; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
A persons right to participate or vote as a delegate to a county or state convention or as a member of a county or state central committee may not be conditioned upon the payment of money, except that a reasonable fee may be charged to attend a county or state convention.
Sec. 2. NRS 293.157 is hereby amended to read as follows:
293.157 1. The state and county central committeemen shall serve for 2 years and until their successors have been elected.
2. [Any vacancy in any such committee, or in the offices thereof, including the office of chairman, arising from death, resignation or other cause, shall be filled by the remaining members of the committee.] The membership of a member of a county or state central committee may be terminated only for cause by a vote of a majority of the membership present at a regular meeting of the committee.
3. If such membership is terminated or if any position on the county or state central committee remains unfilled at the county or state convention, the position, if filled, must be filled by a vote of a majority of the membership present at a regular or special meeting of the committee.
4. If a vacancy occurs among the officers of a county or state central committee, the vacancy must be filled by the membership present by ballot at a regular or special meeting of the committee.
________
κ1987 Statutes of Nevada, Page 1516κ
Senate Bill No. 558Committee on Commerce and Labor
CHAPTER 648
AN ACT relating to installment loans; expanding the charges authorized for loans for an indefinite term from small loan companies; revising the requirements concerning a change in the rate of interest of such loans; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 675.365 is hereby amended to read as follows:
675.365 In addition to the interest allowed pursuant to NRS 675.363, a licensee may, pursuant to the agreement for a loan for an indefinite term, receive from the borrower or add to the unpaid balance in that borrowers account:
1. Any fees imposed on the licensee pursuant to this chapter;
2. Any charge for insurance under NRS 675.300;
3. A charge not exceeding 25 cents for each transaction in which a loan or advance is made pursuant to the agreement or an annual fee for the use of an open end account in an amount not to exceed $20;
4. If the interest calculated for any billing cycle pursuant to NRS 675.363 is less than 50 cents:
(a) For a billing cycle which is monthly or longer, a charge in an amount not exceeding 50 cents; or
(b) For a billing cycle less than monthly, a charge in an amount equal to that portion of 50 cents which bears the same relation to 50 cents as the number of days in the billing cycle bear to 365 divided by 12; [and]
5. For any check written by the borrower to the licensee which is returned for insufficient funds, a charge of $10 or in an amount equal to the charges imposed on the licensee because of his reliance on that check, whichever amount is greater [.] ; and
6. Any charge assessed the licensee by a third party for the printing and distribution of any checks, drafts or other instruments to be used by the borrower in obtaining advances pursuant to the agreement.
Sec. 2. NRS 675.367 is hereby amended to read as follows:
675.367 1. In addition to the information required in subsection 1 of NRS 675.360, a borrower under an agreement for a loan for an indefinite term must be given a description of the agreed annual interest rate, stated as a percentage, the conditions under which interest will be charged and the method used to compute the interest for each billing cycle.
2. The licensee shall notify a borrower of any increase in the rate of interest to be charged or any other change in the terms of the agreement for a loan for an indefinite term [at] :
(a) No later than the date of the first billing after the effective date of the change, if the change in the rate of interest is pursuant to an agreement for the loan which is signed by the borrower and specifies the formula for computation of the adjustment in the rate; or
κ1987 Statutes of Nevada, Page 1517 (CHAPTER 648, SB 558)κ
the loan which is signed by the borrower and specifies the formula for computation of the adjustment in the rate; or
(b) At least 30 days before the change is to take place [.] for all other loans for an indefinite term.
The change applies only to a debt incurred by the borrower after the effective date of the change [.] , unless otherwise agreed by the borrower. In determining the balance to which an increase in the rate of interest applies, any payment received or other credit made to the borrowers account applies to the balance existing before the date of that increase until that balance is paid in full.
________
Assembly Bill No. 590Assemblymen Callister, Myrna Williams, Spinello, Tebbs and Brookman
CHAPTER 649
AN ACT relating to organizations which provide credit services; prohibiting certain practices by such organizations; requiring that they obtain a bond or certain other comparable security before engaging in certain acts; providing certain remedies for persons injured by such organizations; providing a penalty; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires:
1. Buyer means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.
2. Commissioner means the commissioner of consumer affairs.
3. Division means the consumer affairs division of the department of commerce.
4. Extension of credit means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.
5. Organization:
(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:
(1) Improving a buyers credit record, history or rating.
(2) Obtaining an extension of credit for a buyer.
κ1987 Statutes of Nevada, Page 1518 (CHAPTER 649, AB 590)κ
(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness.
(4) Providing advice or assistance to a buyer with regard to either subparagraph (1) or (2).
(b) Does not include any of the following:
(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.
(2) A bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
(3) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
(4) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license.
(5) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law.
(6) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.
Sec. 3. An organization and its agents, employees and representatives who sell or attempt to sell the services of the organization, shall not:
1. Charge or receive any money or other valuable consideration before full and complete performance of the services the organization has agreed to perform for or on behalf of the buyer, unless the organization has, in conformity with section 6 of this act, obtained a bond, letter of credit or certificate of deposit.
2. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.
3. Make, counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyers creditworthiness, credit standing or credit capacity.
4. Make or use any untrue or misleading representations in the offer or sale of the services of an organization or engage, directly or indirectly, in any act, practice or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of an organization.
Sec. 4. Before the execution of a contract between the buyer and an organization or before the receipt by the organization of any money or other valuable consideration, whichever occurs first, the organization shall provide the buyer, in writing:
κ1987 Statutes of Nevada, Page 1519 (CHAPTER 649, AB 590)κ
valuable consideration, whichever occurs first, the organization shall provide the buyer, in writing:
1. A statement:
(a) That the buyer has a right pursuant to 15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except medical information, in any file on him maintained by a consumer credit reporting agency;
(b) That 15 U.S.C. § 1681j requires that this disclosure be made free to the consumer if he requests it within 30 days after receipt of notice of a denial of credit;
(c) Of the approximate cost to the consumer of receiving this disclosure when there has not been a denial of credit; and
(d) That the buyer has the right pursuant to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item contained in any file on him maintained by any consumer credit reporting agency.
2. A detailed description of the services to be performed by the organization for the buyer and the total amount the buyer will become obligated to pay for the services.
3. If the organization is required to obtain a bond, letter of credit or certificate of deposit pursuant to section 3 of this act, a statement that the buyer has a right to proceed against the bond, letter of credit or certificate of deposit under the circumstances and in the manner set forth in section 6 of this act.
4. A statement that the buyer may cancel a contract for the services of an organization within 5 days after its execution by written notice mailed or delivered to the organization.
Sec. 5. A contract between a buyer and an organization for the purchase of the services of the organization:
1. Must be in writing;
2. Must be signed by the buyer;
3. Must be dated;
4. May be canceled by the buyer within 5 days after its execution by giving written notice to the organization of his intent to cancel the contract. If the notice is mailed, it must be postmarked not later than 5 days after the execution of the contract.
Sec. 6. 1. If an organization is required to obtain a bond, letter of credit or certificate of deposit pursuant to section 3 of this act, it shall deposit with the division:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit of which the owner of the organization is the obligor and issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a federally insured financial institution, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner.
2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned on compliance by the owner with the provisions of sections 3 to 7, inclusive, of this act, and the terms of the contract with a buyer.
κ1987 Statutes of Nevada, Page 1520 (CHAPTER 649, AB 590)κ
conditioned on compliance by the owner with the provisions of sections 3 to 7, inclusive, of this act, and the terms of the contract with a buyer.
3. A buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
4. The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division which will distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.
5. The organization shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.
6. The division may apply for a writ of mandate to require the organization to register or to deposit and maintain the security required by this section.
Sec. 7. 1. Any waiver by a buyer of the provisions of section 3 to 8, inclusive, of this act, is contrary to public policy and is void and unenforceable. Any attempt by an organization to have a buyer waive rights given by sections 3 to 8, inclusive, of this act, in unlawful.
2. In any proceeding involving sections 2 to 10, inclusive, of this act, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
Sec. 8. A buyer injured by a violation of sections 3 to 7, inclusive, of this act, or by a breach by an organization of a contract subject to those sections, may bring an action for recovery of damages. Judgment must be entered for actual damages, but in no case less than the amount paid by the buyer to the organization, plus reasonable attorneys fees and costs. If the court deems it proper, the court may award punitive damages.
Sec. 9. 1. Except as otherwise provided in subsection 2, a person who violates any provision of sections 3 to 7, inclusive, of this act, is guilty of a misdemeanor.
2. A person who breaches a contract subject to sections 3 to 7, inclusive, of this act, is not guilty of a misdemeanor solely because of the breach.
Sec. 10. 1. The provisions of sections 3 to 8, inclusive, of this act are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.
2. The remedies provided in sections 6, 7 and 8 of this act for violation of any provision of sections 3 to 7, inclusive, of this act, are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
________
κ1987 Statutes of Nevada, Page 1521κ
Assembly Bill No. 47Assemblymen Schofield and Dini
CHAPTER 650
AN ACT relating to hazardous materials; requiring the department of transportation to develop a plan for routing shipments of certain materials and waste in this state and cooperate with the Federal Government, regional organizations and other states in developing a plan for interstate shipments; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department of transportation shall:
(a) Conduct an analysis of the risks involved in the transportation of controlled quantities of radioactive materials and high-level radioactive waste within this state;
(b) Consult with each regional transportation commission and the governing body of the largest city in each county which does not have a regional transportation commission to determine the safest routes for the transportation of controlled quantities of radioactive materials and high-level radioactive waste; and
(c) Develop and enforce a plan for the routing of shipments of controlled quantities of radioactive materials and high-level radioactive waste in this state.
2. The department of transportation shall cooperate with the United States Department of Transportation, interstate regional transportation commissions and states contiguous to Nevada to develop plans for the interstate routing of shipments of controlled quantities of radioactive materials and high-level radioactive waste.
3. The department of transportation may:
(a) Adopt regulations necessary to carry out the provisions of this section.
(b) Cooperate with federal, state and local governmental agencies that regulate other hazardous materials.
4. As used in this section, unless the context otherwise requires:
(a) Controlled quantity has the meaning ascribed to highway route controlled quantity in 49 C.F.R. § 173.403(l);
(b) High-level radioactive waste has the meaning ascribed to that term in 10 C.F.R. § 60.2; and
(c) Radioactive material has the meaning ascribed to that term in 49 C.F.R. § 173.403(y),
as those sections existed on January 1, 1987.
________
κ1987 Statutes of Nevada, Page 1522κ
Assembly Bill No. 390Committee on Government Affairs
CHAPTER 651
AN ACT relating to public employees retirement; changing the composition of the board; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.130 is hereby amended to read as follows:
286.130 1. [Two board members must be citizens:
(a) Who have resided in the state for 2 years immediately preceding their appointment to the board; and
(b) Neither of whom:
(1) Is an employee of a public employer during his term of office on the board; or
(2) Has been such an employee for 2 years immediately preceding his appointment to the board.
2. Three board] Three members of the board must be [:
(a) Persons who have] persons who:
(a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions; [and
(b) Persons who:
(1) Are active members of the system;
(2) Have retired pursuant to the provisions of this chapter; or
(3) Are receiving a disability allowance pursuant to the provisions of this chapter.
3. Two board members must be]
(b) Are not elected officers of the State of Nevada or its political subdivisions;
(c) Are active members of the system; and
(d) Are appointed from written nominations submitted by the following groups:
[(a)] (1) Employees of the state and the University of Nevada System;
[(b)] (2) The academic staff of school districts ; [, including principals and administrators;
(c)] (3) Employees of cities, excluding Carson City;
[(d)] (4) Employees of counties, including Carson City and excluding employees of county hospitals; [and
(e)] (5) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board [.] ; and
(6) Employees whose current positions entitle them to participate in the police and firemens retirement fund.
Each nominee must be a member of the group or organization that is nominating him . [and a member of the system.
κ1987 Statutes of Nevada, Page 1523 (CHAPTER 651, AB 390)κ
4.] 2. Two members of the board must be persons who:
(a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;
(b) Are not elected officers of the State of Nevada or its political subdivisions;
(c) Are active members of the system; and
(d) Are appointed from written nominations submitted by the following groups;
(1) Administrators of school districts or members of boards of trustees of school districts; and
(2) Members of boards of county commissioners or the governing bodies of cities or administrators of counties or cities.
3. One member of the board must be a person who:
(a) Is an employee of the State of Nevada or its political subdivisions with at least 10 years of service;
(b) Is serving in a position at least equivalent to the manager of a department or division;
(c) Is not an elected officer of the State of Nevada or its political subdivisions; and
(d) Is an active member of the system.
4. One member of the board must be a person who:
(a) Has had at least 10 years of service as an employee of the State of Nevada or its political subdivisions;
(b) Is not an elected officer of the State of Nevada or its political subdivisions; and
(c) Is receiving an allowance for service or disability retirement pursuant to this chapter.
5. A member of the board shall serve for 4 years , so long as he has the qualifications required by this section, and until his successor is appointed and takes office. [Each member of the board must have the same qualifications and be appointed in the same manner as this chapter prescribes for his predecessor.]
Sec. 2. The current members of the public employees retirement board must be succeeded as follows:
1. One member who was appointed to a term beginning on July 1, 1983, must be succeeded by a member appointed pursuant to subsection 2 of NRS 286.130, as amended by section 1 of this act.
2. One member who was appointed to a term beginning on July 1, 1983, must be succeeded by a member appointed pursuant to subsection 4 of NRS 286.130, as amended by section 1 of this act.
3. The member who was appointed to a term beginning on September 1, 1985, must be succeeded by a member appointed pursuant to subsection 1 of NRS 286.130, as amended by section 1 of this act.
4. The member who was appointed to a term beginning on December 1, 1985, must be succeeded by a member appointed pursuant to subsection 1 of NRS 286.130, as amended by section 1 of this act.
κ1987 Statutes of Nevada, Page 1524 (CHAPTER 651, AB 390)κ
5. The member who was appointed to a term beginning on July 1, 1985, pursuant to subsection 2 of NRS 286.130, as it existed on that date, must be succeeded by a member appointed pursuant to subsection 2 of NRS 286.130, as amended by section 1 of this act.
6. The member who was appointed to a term beginning on July 1, 1986, pursuant to subsection 1 of NRS 286.130, as it existed on that date, must be succeeded by a member appointed pursuant to subsection 3 of NRS 286.130, as amended by section 1 of this act.
7. The member who was appointed to a term beginning on July 1, 1986, pursuant to subsection 2 of NRS 286.130, as it existed on that date, must be succeeded by a member appointed pursuant to subsection 1 of NRS 286.130, as amended by section 1 of this act.
________
Senate Bill No. 458Committee on Commerce and Labor
CHAPTER 652
AN ACT relating to nursing; authorizing the certification of advanced practitioners of nursing; prescribing the scope of their authorized activities; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. Accredited school of nursing means a school of nursing which is accredited by the board or another body or agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.
Sec. 3. Advanced practitioner of nursing means a registered nurse who:
(a) Has specialized skills, knowledge and experience;
(b) Has completed a program designed to prepare a registered nurse to provide designated acts of medical diagnosis or prescription of therapeutic or corrective measures; and
(c) Is authorized by the board to provide those services in addition to those that other registered nurses are authorized to provide.
Sec. 4. Board means the state board of nursing.
Sec. 4.5. Certified registered nurse anesthetist means a registered nurse who:
(a) Has completed a nationally accredited program in the science of anesthesia; and
κ1987 Statutes of Nevada, Page 1525 (CHAPTER 652, SB 458)κ
(b) Is certified by the board to administer anesthetic agents to a person under the care of a licensed physician, a licensed dentist or a licensed podiatrist.
Sec. 5. Emergency means an unforeseen combination of circumstances calling for immediate action.
Sec. 6. Licensed practical nurse means a person who is licensed to practice practical nursing as provided in this chapter.
Sec. 7. Practice of practical nursing means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed dentist or a licensed podiatrist, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.
Sec. 8. Practice of professional nursing means the performance for compensation of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed dentist or a licensed podiatrist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.
Sec. 9. Registered nurse means a person who is licensed to practice professional nursing.
Sec. 10. (Deleted by amendment.)
Sec. 11. A registered nurse may perform such acts, under emergency or other special conditions prescribed by regulations adopted by the board, which include special training, as are recognized by the medical and nursing professions as proper to be performed by a registered nurse under those conditions, even though the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes registered nurses to perform those functions and duties specifically delegated by law to persons licensed as dentists, podiatrists, optometrists or chiropractors.
Sec. 12. 1. The board may grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who has completed an educational program designed to prepare a registered nurse to perform designated acts of medical diagnosis or prescription of therapeutic or corrective measures and meets the other requirements established by the board for such certification. An advanced practitioner of nursing may engage in selected medical diagnosis and treatment pursuant to a protocol approved by a collaborating physician. A protocol must not include and an advanced practitioner of nursing shall not engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.
2. The board shall adopt regulations:
κ1987 Statutes of Nevada, Page 1526 (CHAPTER 652, SB 458)κ
(a) Specifying the training, education and experience necessary for certification as an advanced practitioner of nursing.
(b) Delineating the authorized scope of practice of an advanced practitioner of nursing.
(c) Establishing the procedure for application for certification as an advanced practitioner of nursing.
Sec. 13. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter [:
1. Accredited school of nursing means a school of nursing which is accredited by the board or other body or agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.
2. Board means the state board of nursing.
3. Certified registered nurse anesthetist means a person who has completed a nationally accredited program in the science of anesthesia, who, when licensed as a registered nurse under the provisions of this chapter, administers anesthetic agents to a person under the care of those persons licensed by the State of Nevada to practice dentistry, surgery or obstetrics.
4. Emergency means an unforeseen combination of circumstances calling for immediate action.
5. Licensed practical nurse means a person who is licensed to practice practical nursing as defined in subsection 6 of this section and as provided in this chapter.
6. Practice of practical nursing means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, a licensed physician, a licensed dentist or a licensed podiatrist, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.
7. Practice of professional nursing means the performance for compensation of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or licensed podiatrist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures. A professional nurse may also perform such additional acts, under emergency or other special conditions prescribed by regulations adopted by the board, which include special training, as are recognized by the medical and nursing professions as proper to be performed by a professional nurse under those conditions, even though the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes professional nurses to perform those functions and duties specifically delegated by law to persons licensed as dentists, podiatrists, optometrists or chiropractors.
κ1987 Statutes of Nevada, Page 1527 (CHAPTER 652, SB 458)κ
8. Registered nurse means a person who is licensed to practice professional nursing.] , unless the context otherwise requires, the words and terms defined in sections 2 to 9, inclusive, of this act, have the meanings ascribed to them in those sections.
________
Senate Bill No. 227Committee on Taxation
CHAPTER 653
AN ACT relating to property tax; removing the requirement that veterans must have been a resident of Nevada for more than 3 years before December 31, 1963, or at the time of induction into the Armed Forces; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) [Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has] Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) [Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has] Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.
3. The exemption may be allowed only to a claimant who files an affidavit annually, on or before November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the secured tax roll, but the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
κ1987 Statutes of Nevada, Page 1528 (CHAPTER 653, SB 227)κ
4. The affidavit must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof, of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 2. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) [Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has] Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) [Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has] Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, [are] is exempt from taxation.
2. For the purpose of this section the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.
3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.
κ1987 Statutes of Nevada, Page 1529 (CHAPTER 653, SB 227)κ
meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.
4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant [exemption to such] exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, [such] the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
5. Before allowing any veterans exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
6. If any person files a false affidavit or produces false proof to the department, and as a result of [such] the false affidavit or false proof a tax exemption is allowed to a person not entitled to [such] the exemption, he is guilty of a gross misdemeanor.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 236Committee on Commerce and Labor
CHAPTER 654
AN ACT relating to insurance; requiring the commissioner of insurance to conduct a study of methods to contain rates for casualty and property insurance; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislature finds and declares that:
(a) Stabilizing the cost of insurance is of vital concern to the residents of this state; and
(b) It is necessary to establish a comprehensive system to collect, analyze and distribute information concerning the cost of insurance in order to stabilize that cost effectively.
2. The purposes of sections 1 to 7, inclusive, of this act, are to:
(a) Promote the public welfare by studying the relationship of premiums and related income of insurers to costs and expenses of insurers;
(b) Develop measures to stabilize prices for insurance while continuing to provide insurance of high quality to the residents of this state;
κ1987 Statutes of Nevada, Page 1530 (CHAPTER 654, SB 236)κ
(c) Permit and encourage competition between insurers on a sound financial basis to the fullest extent possible; and
(d) Establish a mechanism to ensure the provision of adequate insurance at reasonable rates to the residents of this state.
Sec. 2. The commissioner of insurance shall:
1. Determine the relationship of premiums and related income of insurers to costs and expenses of insurers, provide this information to the legislature and make this information available to the general public.
2. Respond to requests by governmental agencies of this state and by the legislature for special studies and analysis of information collected pursuant to sections 1 to 7, inclusive, of this act.
3. Cooperate with any interim legislative study on alternative ways to reduce the cost of insurance.
4. Evaluate the market for commercial liability insurance in this state and determine, to the extent possible, the causes for the recent unavailability of affordable liability insurance.
5. Recommend to the legislature methods to detect and deter conditions in the market which caused the unavailability of that insurance.
6. Report to the 65th session of the legislature concerning his duties and findings pursuant to this section no later than February 1, 1989.
Sec. 3. The commissioner of insurance may employ and fix the compensation of, and enter into agreements with, such technical and professional consultants as he deems necessary to accomplish the purposes of sections 1 to 7, inclusive, of this act.
Sec. 4. 1. The commissioner of insurance may issue such orders as are necessary to require compliance with the provisions of sections 1 to 7, inclusive, of this act.
2. The commissioner shall adopt regulations requiring each insurer authorized to transact casualty or property insurance in this state to record and report its losses, expenses and other information necessary to assess the relationship of premiums and related income to costs and expenses of insurers. The commissioner may designate one or more rate service organizations or other advisory organizations to gather and compile this information. The commissioner shall require each insurer authorized to transact casualty or property insurance in this state to submit reports, on forms furnished by the commissioner, of its transactions in insurance in this state and elsewhere.
3. If a rate service organization or other advisory organization designated pursuant to subsection 2 imposes a fee for the filing, processing or review of information required to be filed by this section, the insurer shall pay that fee and file the information.
Sec. 5. 1. The commissioner of insurance may require that reports submitted pursuant to section 4 of this act include, without limitation, information regarding:
(a) Liability insurance provided to:
(1) Governmental agencies and political subdivisions of this state, reported separately for:
κ1987 Statutes of Nevada, Page 1531 (CHAPTER 654, SB 236)κ
(I) Cities and towns;
(II) School districts; and
(III) Other political subdivisions;
(2) Public officers;
(3) Establishments where alcoholic beverages are sold;
(4) Facilities for the care of children;
(5) Labor, fraternal or religious organizations; and
(6) Officers or directors of organizations formed pursuant to Title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;
(b) Liability insurance for:
(1) Defective products;
(2) Medical malpractice;
(3) Malpractice of attorneys;
(4) Malpractice of architects and engineers; and
(5) Errors and omissions by other professionally qualified persons; and
(c) Vehicle insurance, reported separately for:
(1) Private vehicles;
(2) Commercial vehicles;
(3) Liability insurance; and
(4) Insurance for property damage.
2. The commissioner may require that the report include, without limitation, information specifically pertaining to this state or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:
(a) Premiums directly written;
(b) Premiums directly earned;
(c) Number of policies issued;
(d) Net investment income, using appropriate estimates when necessary;
(e) Losses paid;
(f) Losses incurred;
(g) Loss reserves, including:
(1) Losses unpaid on reported claims; and
(2) Losses unpaid on incurred but not reported claims;
(h) Number of claims, including:
(1) Claims paid; and
(2) Claims that have arisen but are unpaid;
(i) Expenses for adjustment of losses, including allocated and unallocated losses;
(j) Net underwriting gain or loss;
(k) Net operation gain or loss, including net investment income; and
(l) Any other information requested by the commissioner.
3. The commissioner may also obtain, based upon an insurer in its entirety, information regarding:
(a) Recoverable federal income tax;
(b) Net unrealized capital gain or loss; and
κ1987 Statutes of Nevada, Page 1532 (CHAPTER 654, SB 236)κ
(c) All other expenses not included in subsection 2.
Sec. 6. 1. Insurers required to file reports pursuant to section 4 of this act shall pay to the insurance division of the department of commerce a reasonable fee established by the commissioner of insurance of not more than $500 to cover the costs to the division of the administration and enforcement of sections 1 to 7, inclusive, of this act, including any expenses incident or associated with the requirements of those sections.
2. The cost of furnishing a report, unless furnished to a legislator, must be paid by the party requesting the report.
3. The commissioner may establish a schedule of fees for the purposes of this section.
Sec. 7. 1. An insurer who willfully or repeatedly violates or fails to comply with a provision of sections 1 to 6, inclusive, of this act, or a regulation adopted pursuant to section 4 of this act is subject, after notice and hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to payment of an administrative fine of not more than $1,000 for each day of the violation or failure to comply, up to a maximum fine of $50,000.
2. An insurer who fails or refuses to comply with an order issued by the commissioner of insurance pursuant to section 4 of this act is subject, after notice and bearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to suspension or revocation of his certificate of authority to transact insurance in this state.
3. The imposition of an administrative fine pursuant to this section must not be considered by the commissioner in any other administrative proceeding unless the fine has been paid or a court order for payment of the fine has become final.
Sec. 8. This act expires by limitation on June 30, 1989.
________
Assembly Bill No. 315Assemblyman Nevin
CHAPTER 655
AN ACT relating to insurance; revising certain provisions concerning rates for insurance; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
Any hearing held by the commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.175, inclusive, must be open to members of the public.
κ1987 Statutes of Nevada, Page 1533 (CHAPTER 655, AB 315)κ
Sec. 2. NRS 686B.050 is hereby amended to read as follows:
686B.050 1. Rates [shall] must not be excessive, inadequate or unfairly discriminatory, nor [shall] may an insurer charge any rate which if continued will have or tend to have the effect of destroying competition or creating a monopoly.
2. [Rates are presumed not to be excessive if] The commissioner may disapprove rates if there is not a reasonable degree of price competition [exists] at the consumer level with respect to the class of business to which they apply. In determining whether a reasonable degree of price competition exists, the commissioner shall consider all relevant tests, including:
(a) The number of insurers actively engaged in the class of business and their shares of the market ; [shares;]
(b) The existence of [rate] differentials in rates in that class of business;
(c) Whether long-run profitability for insurers generally of the class of business is unreasonably high in relation to its riskiness; [and
(d) Consumer]
(d) Consumers knowledge in regard to the market in question [.
If such] ; and
(e) Whether price competition is a result of the market or is artificial.
If competition does not exist, rates are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to the riskiness of the class of business, or if expenses are unreasonably high in relation to the services rendered.
3. Rates are inadequate if they are clearly insufficient, together with the [investment] income from investments attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
4. One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with [like loss exposures] similar exposure to loss but different expense factors, or [like] similar expense factors but different exposures to loss , [exposures,] so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise or blanket policy.
Sec. 3. NRS 686B.070 is hereby amended to read as follows:
686B.070 Every authorized insurer and every rate service organization licensed under NRS 686B.130 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the commissioner all:
1. Rates;
2. Forms of policies to which the rates apply;
3. Supplementary rate information; and
4. Changes and amendments thereof,
made by it for use in this state [on or] at least 30 days before the date the rates become effective.
κ1987 Statutes of Nevada, Page 1534 (CHAPTER 655, AB 315)κ
Sec. 4. NRS 686B.090 is hereby amended to read as follows:
686B.090 1. An insurer [may itself] shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060 . [, or] If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with [average expense factors determined by the rate service organization or with such] modification for its own expense and loss experience . [as the credibility of that experience allows.]
2. An insurer may discharge its obligation under NRS 686B.070 by giving notice to the commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the commissioner. The insurers rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject, however, to the modifications filed by the insurer.
Sec. 5. NRS 686B.100 is hereby amended to read as follows:
686B.100 1. If the commissioner finds that competition is not an effective regulator of the rates charged or that a substantial number of companies are competing irresponsibly through the rates charged, or that there are widespread violations of NRS 686B.010 to 686B.175, inclusive, in any kind or line of insurance or subdivision thereof or in any rating class or rating territory, he may promulgate a rule requiring that in the kind or line of insurance or subdivision thereof or rating class or rating territory comprehended by the finding any subsequent changes in the rates or supplementary rate information be filed with him at least [15] 30 days before they become effective. He may extend the waiting period for not to exceed 15 additional days by written notice to the filer before the first [15-day] 30-day period expires.
2. By rule, the commissioner may require the filing of supporting data as to any or all kinds or lines of insurance or subdivisions thereof or classes of risks or combinations thereof as he deems necessary for the proper functioning of the [rate monitoring and regulation process.] process for monitoring and regulating rates. The supporting data must include:
(a) The experience and judgment of the filer, and, to the extent it wishes or the commissioner requires, of other insurers or rate service organizations;
(b) Its interpretation of any statistical data relied upon;
(c) Descriptions of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
3. A rule promulgated under subsection 1 must expire not more than 1 year after [issue.] it is issued. The commissioner may renew the rule if he deems it necessary.
4. Whenever a filing is not accompanied by such information as the commissioner has required under subsection 2, he may so inform the insurer and the filing shall be deemed to be made when the information is furnished.
κ1987 Statutes of Nevada, Page 1535 (CHAPTER 655, AB 315)κ
Sec. 6. NRS 686B.110 is hereby amended to read as follows:
686B.110 1. If the commissioner finds that a rate is not in compliance with NRS 686B.050, he shall order that its use be discontinued for any policy issued or renewed after a date specified in the order.
2. [Within 1 year after the effective date of an order under subsection 1, no] No rate promulgated to replace a disapproved one may be used until it has been filed with the commissioner and not disapproved within 30 days thereafter.
3. Whenever an insurer has no legally effective rates as a result of the commissioners disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis [shall] must not be required.
4. If the commissioner disapproves a rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.175, inclusive.
Sec. 7. NRS 686B.120 is hereby amended to read as follows:
686B.120 The commissioner may by order require that a particular insurer file any or all of its rates and supplementary rate information [15] 30 days before their effective date, if and to the extent that he finds, after a hearing, that the protection of the interests of its insureds and the public in this state requires closer supervision of its rates because of the insureds financial condition or rating practices. He may extend the waiting period for any filing for not to exceed 15 additional days by written notice to the insurer before the first [15-day] 30-day period expires. A filing not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of NRS 686B.010 to 686B.175, inclusive, subject to the possibility of subsequent disapproval under NRS 686B.110.
Sec. 8. NRS 686B.160 is hereby amended to read as follows:
686B.160 1. The commissioner [shall] may promulgate or approve reasonable rules [, including rules] providing statistical plans [,] for use thereafter by all insurers in the recording and reporting of loss and expense experience, in order that the experience of [such] insurers may be made available to him. [No insurer shall be required to record or report its experience on a classification basis inconsistent with its own rating system.]
2. The commissioner may designate one or more rate service organizations to assist him in gathering such experience and making compilations thereof, which [shall] must be made available to the public.
________
κ1987 Statutes of Nevada, Page 1536κ
Assembly Bill No. 335Assemblymen McGaughey, Schofield, Bergevin, Kerns, Banner, Garner, Getto, Adler, Thompson, Nevin, Kissam, Gaston, Sedway, Freeman, Marvel, Brookman, Spinello, Fay, Porter, May, Callister, Lambert, Craddock, Nicholas, Arberry, Thomas, DuBois, Wendell Williams, Humke, Triggs, Haller, Price, Tebbs and Carpenter
CHAPTER 656
AN ACT relating to liquefied petroleum gas; changing the composition of the board for the regulation of liquefied petroleum gas; requiring the board to maintain offices that are open to the public during certain hours; requiring the board to inspect tanks for liquefied petroleum gas and systems for delivery; limiting the authority of the public service commission of Nevada to regulation of certain systems for delivery; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The board may:
(a) Prescribe the method and form of application for a license to sell, deliver, transport, transfer or dispense or engage in any other activity relating to liquefied petroleum gas;
(b) Investigate the experience, reputation and background of applicants;
(c) Issue, suspend, revoke or deny licenses; and
(d) Conduct hearings in connection with applications for, or revocation of, licenses.
In conducting hearings on the issuance or revocation of any license, the board may compel the attendance of witnesses by use of subpena and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
2. The board may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and sections 2 to 6, inclusive, of this act, and may require a reasonable amount of insurance against liability for injury to persons and damage to property.
3. The board shall adopt regulations setting fees for applications, licenses and inspections adequate to cover the cost of the operations of the board.
4. The board may suspend or revoke licenses and refuse renewals of licenses if the applicant or licensee has been guilty of acts or conduct harmful to either the safety or protection of the public.
Sec. 3. The board may adopt regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and using liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
κ1987 Statutes of Nevada, Page 1537 (CHAPTER 656, AB 335)κ
tank trailer, and using liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
Sec. 3.5. 1. Any hearing held by the board on the proposed location of a facility for the storage of liquefied petroleum gas in a town in which no zoning ordinances or regulations apply must be held in the town in which the proposed facility would be located.
2. The board shall provide for the physical inspection of the site of the proposed facility for the storage of liquefied petroleum gas before the application is approved or denied by the board.
3. In determining whether to approve the facility for the storage of liquefied petroleum gas, the board shall consider:
(a) The health and safety of the residents of the area where the facility would be located.
(b) The availability of water for fighting any fire at the facility or in the surrounding area.
(c) The proximity of schools, residences, commercial establishments and other structures to the site and the risk of injury to persons or damage to property in the event of an emergency at the facility.
Sec. 4. The board may grant variances from its regulations when it deems it in the best interest of the safety of the public or the persons using materials or services relating to liquefied petroleum gas.
Sec. 5. 1. The board shall adopt regulations regarding safety for all:
(a) Systems for the distribution of liquefied petroleum gas to 9 users of liquefied petroleum gas or less;
(b) Tanks and appliances for liquefied petroleum gas; and
(c) Suppliers and distributors of liquefied petroleum gas to any person or any system for the distribution of liquefied petroleum gas.
2. The board shall:
(a) Provide for the regular inspection of all systems, containers, apparatus and equipment for the storage, distribution, transportation, dispensing or use of liquefied petroleum gas.
(b) Employ such qualified inspectors as are necessary to carry out the provisions of paragraph (a).
(c) Conduct programs on safety relating to liquefied petroleum gas for volunteer firemen and groups of persons who use liquefied petroleum gas.
Sec. 6. 1. The board shall maintain in such locations as it deems necessary an office open to the public during business hours on weekdays, with a telephone number available 24 hours a day for persons who use liquefied petroleum gas to obtain assistance in an emergency.
2. The office must be supervised by an employee of the board qualified to deal with the complaints of persons who use liquefied petroleum gas and with other matters relating to the business of the board.
3. Persons licensed by the board pursuant to NRS 590.575 in Class 1 and Class 2 or their qualified employees must be made available 24 hours a day to the board for responding to emergencies involving liquefied petroleum gas.
κ1987 Statutes of Nevada, Page 1538 (CHAPTER 656, AB 335)κ
Sec. 7. NRS 590.465 is hereby amended to read as follows:
590.465 NRS 590.465 to 590.645, inclusive, [shall be known and] and sections 2 to 6, inclusive, of this act, may be cited as the Nevada Liquefied Petroleum Gas Act.
Sec. 8. NRS 590.485 is hereby amended to read as follows:
590.485 1. The board for the regulation of liquefied petroleum gas, consisting of [six] five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) [Four persons with knowledge of the handling of liquefied petroleum gas;
(b) A representative of the general public; and
(c) A person who has expert knowledge of fighting fires fueled by liquefied petroleum gas, selected from a list of three nominees submitted by the state fire marshal.
3.] One member who is a volunteer fireman in a rural area of this state.
(b) One member who is a fireman employed by the fire department of a city in this state.
(c) One member who is engaged in the sale or distribution of liquefied petroleum gas in this state.
(d) Two members who are representatives of the general public.
3. After the initial terms, the members of the board must be appointed to terms of 4 years.
4. Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.
[4.] 5. The members of the board are not entitled to compensation.
[5.] 6. The subsistence allowances and travel expenses of the members of the board must be paid out of the money of the board, after approval by a majority of the board.
[6.] 7. No more than three members of the board may belong to the same political party.
Sec. 9. NRS 590.495 is hereby amended to read as follows:
590.495 1. The board [may] shall hold three regular meetings per year in the months of March, July and November at such times and at such places as may be specified by a call of the chairman.
2. Special meetings may be held at such times and places as may be specified by a call of the chairman or a majority of the board.
3. At the regular meeting in March of each year, the board shall elect, by majority vote, a chairman, vice chairman and secretary-treasurer, who shall hold their respective offices for a period of 1 year and are thereafter ineligible to be reelected to the same office for the next ensuing year.
4. Three members of the board constitute a quorum, and may exercise all the power and authority conferred on the board.
5. If the board conducts a hearing concerning the location of a facility for the storage of liquefied petroleum gas pursuant to section 3.5 of this act, the board shall:
κ1987 Statutes of Nevada, Page 1539 (CHAPTER 656, AB 335)κ
(a) Notify the governing body and fire protection agency of the town; and
(b) Post a notice in a conspicuous place in the town
in which the hearing will be held, at least 10 days before the hearing.
6. In addition to any other notice, the board shall post the agenda of each meeting in:
(a) The county seat of each county in this state; and
(b) Each city or town,
in which a project identified on the agenda is located.
Sec. 10. NRS 590.505 is hereby amended to read as follows:
590.505 1. The board may adopt a seal for its own use which must have imprinted thereon the words Board for the Regulation of Liquefied Petroleum Gas. The care and custody of the seal is the responsibility of the secretary-treasurer of the board.
2. The board may appoint an executive secretary and shall employ such other technical, clerical or investigative personnel as it deems necessary . [and] The board shall fix the compensation of [those appointees. The] the executive secretary and all [appointees must] other employees, to be paid out of the money of the board. The board may require the executive secretary and any other [appointees] employees to give a bond to the board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the board.
3. [The board may adopt regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
4. The board may prescribe the method and form of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses. In conducting hearings on the issuance or revocation of any license, the board may compel the attendance of witnesses by use of subpena and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
5. The board may suspend or revoke licenses and refuse renewals of licenses when the applicant or licensee has been guilty of acts of conduct, harmful to either the safety or protection of the public.
6.] In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and sections 2 to 6, inclusive, of this act, and holding its regular or special meetings, the board [may adopt bylaws] shall adopt:
(a) Written policies setting forth procedures and methods of operation [.
7.] for the board.
(b) Regulations describing the responsibilities of each employee of the board.
κ1987 Statutes of Nevada, Page 1540 (CHAPTER 656, AB 335)κ
4. The board shall submit to the governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period.
[8.] 5. The board shall keep accurate records and minutes of all meetings and the records and minutes so kept must be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which is a public record.
[9. The board may adopt regulations setting reasonable fees for applications, licenses and inspections. The board may retain all such fees collected under the provisions of NRS 590.465 to 590.645, inclusive, for the maintenance of an office, the payment of salaries and expenses and the carrying out of the provisions of NRS 590.465 to 590.645, inclusive.
10. The board may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of personal injury and property damage insurance coverage.
11. The board may grant variances from its regulations when it deems it to the best interest of the safety of the public or the persons using LPG materials or services.]
Sec. 11. NRS 590.515 is hereby amended to read as follows:
590.515 [The] 1. In addition to any other regulations it is authorized or required to adopt, the board shall adopt such other regulations as are reasonably necessary for the protection of the health, welfare and safety of the public and persons using liquefied petroleum gases . [and they]
2. All regulations adopted by the board relating to safety must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. The board shall adhere to the following conditions in this regard:
[1.] (a) The regulations relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards of [the National Board of Fire Underwriters or] the National Fire Protection Association, [or both,] relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.
[2.] (b) Before any regulations are adopted, the secretary of the board shall give at least 10 days notice to all applicants and licensees under NRS 590.465 to 590.645, inclusive, and sections 2 to 6, inclusive, of this act, by mailing an accurate copy of the new, revised or amended regulations which the board proposes to adopt together with a written notice signed by the secretary. Any person affected is entitled to appear at the public hearing on the regulation in person and by counsel.
κ1987 Statutes of Nevada, Page 1541 (CHAPTER 656, AB 335)κ
the regulation in person and by counsel. A certificate reciting the adoption and the effective date must be signed by the members comprising a majority of the board. Within 10 days after the adoption of the regulation the secretary shall cause to be mailed to each applicant or licensee under NRS 590.465 to 590.645, inclusive, and sections 2 to 6, inclusive, of this act, a true and correct copy of the regulation. A facsimile of any members signature may be used under this [section] paragraph if authorized by the member.
Sec. 12. NRS 590.525 is hereby amended to read as follows:
590.525 All equipment [shall] must be installed and maintained in a safe operating condition and in conformity with the [rules,] regulations and specifications adopted [, promulgated and published] by the board [under NRS 590.515.] pursuant to NRS 590.515 and section 5 of this act.
Sec. 13. NRS 590.545 is hereby amended to read as follows:
590.545 1. Except as otherwise provided in subsection 2, no political subdivision may adopt or enforce any ordinance or regulation in conflict with the provisions of NRS 590.465 to 590.645, inclusive, or with the regulations adopted pursuant to NRS 590.515 [.] and section 5 of this act.
2. If a political subdivision determines that higher or more stringent standards concerning a particular installation or storage of liquefied petroleum gas within its jurisdiction are necessary, it may request the board to consider the matter at a joint public meeting. The board shall schedule and conduct such a meeting within 30 days after receiving the request. If, at the joint meeting, a majority of the members of the board and a majority of the members of the governing body of the political subdivision agree:
(a) That higher or more stringent standards should apply in that particular case; and
(b) Upon what those standards should be,
then the governing body of the political subdivision may adopt those standards for that particular case.
Sec. 14. NRS 704.020 is hereby amended to read as follows:
704.020 1. Public utility includes:
(a) Any person who owns, operates, manages or controls any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether or not they are owned by the railroad.
(b) Telephone companies and other companies which provide telecommunication or a related service to the public.
(c) Radio or broadcasting instrumentalities providing common or contract service.
(d) All companies which own cars of any kind or character, used and operated as a part of railroad trains, in or through this state. All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of any telephone, radio and broadcasting companies, companies providing telecommunication or related services to the public and companies which own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission may supervise and control all such companies and persons to the same extent as railroads.
κ1987 Statutes of Nevada, Page 1542 (CHAPTER 656, AB 335)κ
providing telecommunication or related services to the public and companies which own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission may supervise and control all such companies and persons to the same extent as railroads.
2. Public utility also includes:
(a) Any person who owns, operates or controls any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.
(c) Any system for the distribution of liquefied petroleum gas to 10 or more users.
The commission may supervise, regulate and control all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility apply to:
(a) All charges connected with the transportation of persons or property, including icing charges and mileage charges.
(b) All railroads, express companies, car companies, and all associations of persons, whether or not incorporated, that do any business as a common carrier upon or over any line of railroad within this state.
(c) Any common or contract carrier engaged in the transportation of passengers and property, except common or contract motor carriers subject to the provisions of chapter 706 of NRS.
Sec. 15. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, does not include:
1. Persons insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.
2. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
3. Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.
κ1987 Statutes of Nevada, Page 1543 (CHAPTER 656, AB 335)κ
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. Persons not normally engaged in the production and sale of water but [which] who sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
6. Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.
7. Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive, and sections 2 to 6, inclusive, of this act.
Sec. 16. The term of each person holding office as a member of the board for the regulation of liquefied petroleum gas on June 30, 1987, expires on that date. The governor shall appoint to the board one member pursuant to:
1. Paragraph (a) of subsection 2 of NRS 590.485 to a term which expires on June 30, 1991.
2. Paragraph (b) of subsection 2 of NRS 590.485 to a term which expires on June 30, 1990.
3. Paragraph (c) of subsection 2 of NRS 590.485 to a term which expires on June 30, 1989.
4. Paragraph (d) of subsection 2 of NRS 590.485 to a term which expires on June 30, 1989.
5. Paragraph (d) of subsection 2 of NRS 50.485 to a term which expires on June 30, 1988.
Sec. 17. Sections 9 and 15 of this act become effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 227Committee on Health and Welfare
CHAPTER 657
AN ACT relating to residential facilities for groups; repealing obsolete provisions concerning these facilities; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.320 is hereby amended to read as follows:
232.320 1. The director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
κ1987 Statutes of Nevada, Page 1544 (CHAPTER 657, AB 227)κ
(1) The administrator of the aging services division;
(2) The administrator of the division for review of health resources and costs;
(3) The administrator of the health division;
(4) The administrator of the rehabilitation division;
(5) The state welfare administrator; and
(6) The administrator of the youth services division.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, [431] 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 2. NRS 431.103, 431.105, 431.107 are hereby repealed.
________
Senate Bill No. 480Committee on Judiciary
CHAPTER 658
AN ACT relating to statutory interpretation; providing a definition of the term controlled substance applicable to Nevada Revised Statutes as a whole; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise expressly provided in a particular statute or required by the context, controlled substance means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the state board of pharmacy pursuant to NRS 453.146.
Sec. 2. NRS 50.315 is hereby amended to read as follows:
50.315 1. Whenever any person has qualified in the district court of any county as an expert witness [for the purpose of testifying] to testify regarding the presence in the blood or urine of a person of alcohol, a controlled substance , [whose use or possession is regulated by chapter 453 of NRS,] or a chemical, poison or organic solvent, or the identity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
κ1987 Statutes of Nevada, Page 1545 (CHAPTER 658, SB 480)κ
experts affidavit is admissible in evidence in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type which have been certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath, blood or urine to determine the amount by weight of alcohol in his blood;
(b) The identity of a person from whom the affiant obtained a sample of breath, blood or urine;
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons blood.
3. The affidavit of a person who prepared a chemical solution or gas which has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That he prepared a solution or gas having the chemical composition which is specified by the manufacturer of the device as necessary for accurately calibrating it; and
(c) The name of the law enforcement agency or laboratory to which he delivered the solution or gas.
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That on a specified date he calibrated such a device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit of a person who withdraws a sample of blood from another for analysis by an expert as mentioned in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The identity of the person from whom the affiant withdrew the sample;
κ1987 Statutes of Nevada, Page 1546 (CHAPTER 658, SB 480)κ
(c) The fact that the affiant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The person to whom the affiant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations which prescribe the form of the affidavits described in this section.
Sec. 3. NRS 50.325 is hereby amended to read as follows:
50.325 1. Whenever a person is charged with an offense punishable [under chapters] pursuant to chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor , [or] a controlled substance [as defined in chapter 453 of NRS,] or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
2. The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney.
3. If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
4. If at the trial or preliminary hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period of not to exceed 3 judicial days [for the purpose of receiving such] to receive the testimony. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.
Sec. 4. NRS 52.395 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1547 (CHAPTER 658, SB 480)κ
52.395 1. When any substance alleged to be a controlled substance [as defined in chapter 453 of NRS] is seized from a defendant by a peace officer, the law enforcement agency of which [such] the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of [such] the substance.
2. Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. [Both the] The prosecuting attorney or his representative and the defendant or his representative [shall] must be allowed to inspect and weigh the substance.
3. If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of such substance. The defendant, his attorney and any other witness the defendant may designate may be present and testify at such hearing.
4. After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of [such] the substance. The district court shall order the remaining sample to be sealed and maintained for analysis [prior to] before trial.
5. If the substance is finally determined not to be a controlled substance, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.
6. The district courts finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.
Sec. 5. NRS 129.050 is hereby amended to read as follows:
129.050 1. Any minor who is under the influence of, or suspected of being under the influence of, a controlled substance : [as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:]
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
to the furnishing of hospital, medical, surgical or other care for the treatment of abuse of drugs or related illnesses by any public or private hospital, medical facility, facility for the dependent or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.
2. Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.
3. The consent of the parent or the legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent or parents or legal guardian within a reasonable time after treatment.
κ1987 Statutes of Nevada, Page 1548 (CHAPTER 658, SB 480)κ
Sec. 6. NRS 202.760 is hereby amended to read as follows:
202.760 It is unlawful for any person:
1. Who is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
2. Who is a fugitive from justice;
3. Who is an unlawful user of or addicted to [marihuana or] any depressant or stimulant drug or any controlled substance ; [as defined by chapter 453 of NRS;] or
4. Who has been judicially declared mentally ill or who has been committed to a hospital as mentally ill,
to ship or transport any explosive within the state [,] or to receive any explosive which has been shipped or transported within the state.
Sec. 7. NRS 212.160 is hereby amended to read as follows:
212.160 1. Any person, not authorized by law, who knowingly furnishes, [or] attempts to furnish, or aids or assists in furnishing or attempting to furnish to any prisoner confined in an institution of the department of prisons, or any other place where prisoners are authorized to be or are assigned by the director of the department, any deadly weapon, explosive, a facsimile of a firearm or an explosive, any controlled substance [as defined in chapter 453 of NRS,] or intoxicating liquor, shall be punished:
(a) Where a deadly weapon, controlled substance, explosive or a facsimile of a firearm or explosive is involved, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where an intoxicant is involved, for a gross misdemeanor.
2. Knowingly leaving or causing to be left any deadly weapon, explosive, facsimile of a firearm or explosive, controlled substance or intoxicating liquor where it may be obtained by any prisoner constitutes, within the meaning of this section, the furnishing of the article to the prisoner.
Sec. 8. NRS 244.3548 is hereby amended to read as follows:
244.3548 It is unlawful for any licensee or any employee, agent or associate of [such] a licensee to:
1. Hold an actual or reasonably anticipated assembly of 1,000 or more [individuals] persons without first procuring a license to do so.
2. Sell tickets to such an assembly without a license first having been obtained.
3. Hold such an assembly in such a manner as to create a public or private nuisance.
4. Exhibit, show or conduct within the place of such an assembly any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.
5. Allow any person on the premises of the licensed assembly to cause or create a disturbance in, around or near any place of the assembly, by offensive or disorderly conduct.
κ1987 Statutes of Nevada, Page 1549 (CHAPTER 658, SB 480)κ
6. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in such assembly except where [such] the consumption or possession is expressly authorized by the board and under the laws of the State of Nevada.
7. Knowingly allow any person at the licensed assembly to use, sell or be in possession of any controlled substance [as defined in chapter 453 of NRS] while in, around or near a place of the assembly.
Sec. 9. NRS 268.4298 is hereby amended to read as follows:
268.4298 It is unlawful for any licensee or any employee, agent or associate of [such] a licensee to:
1. Hold an actual or reasonably anticipated assembly of 1,000 or more [individuals] persons without first procuring a license to do so.
2. Sell tickets to such an assembly without a license first having been obtained.
3. Hold such an assembly in such a manner as to create a public or private nuisance.
4. Exhibit, show or conduct within the place of such an assembly any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.
5. Allow any person on the premises of the licensed assembly to cause or create a disturbance in, around or near any place of the assembly, by offensive or disorderly conduct.
6. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of such an assembly except where [such] the consumption or possession is expressly authorized by the city council and [under] the laws of the State of Nevada.
7. Knowingly allow any person at the licensed assembly to use, sell or be in possession of any controlled substance [as defined in chapter 453 of NRS] while in, around or near a place of the assembly.
Sec. 10. NRS 283.450 is hereby amended to read as follows:
283.450 1. Any civil officer in this state who , [shall,] during his term of office, [become] becomes intoxicated or [be] is under the influence of alcoholic, malt or vinous liquors, or [become or be] becomes or is addicted to the use of controlled substances , [as defined in chapter 453 of NRS,] so that he [shall] is not at all times [be] in proper condition for the discharge of the duties of his office, is guilty of a gross misdemeanor, and , [shall,] if he is a state officer, [be] is subject to removal from office by impeachment, or if he is a county, city or township officer he shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such a conviction.
2. Upon receiving information from any person that the provisions of this section have been violated, sheriffs and their deputies, constables and their deputies, district attorneys, and all other peace officers in this state shall immediately institute proceedings in the proper court against the person complained of, and shall prosecute the same with reasonable diligence to final judgment.
κ1987 Statutes of Nevada, Page 1550 (CHAPTER 658, SB 480)κ
3. If any person [shall make and file] makes and files a complaint under oath charging the district attorney with a violation [or violations] of this section, the attorney general shall prosecute [such] the district attorney pursuant to the terms of this section.
4. If any state officer is convicted [under the provisions of] pursuant to this section, the prosecuting officer obtaining the conviction shall file a certified copy of the judgment roll with the secretary of state. The secretary of state shall lay the certified copy of the judgment roll before the legislature at its next session.
5. The provisions of this section [shall] must be specially charged to the grand juries of the several counties by district judges.
Sec. 11. NRS 389.060 is hereby amended to read as follows:
389.060 Physiology and hygiene [shall] must be taught in the public schools of this state, and special attention [shall] must be given to the effects of controlled substances [as defined in chapter 453 of NRS] upon the human system.
Sec. 12. 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 or a controlled substance, while on the premises of any public school in its district.
2. As used in this section [:
(a) Controlled substance has the meaning ascribed to it in NRS 453.041.
(b) Intoxicating] , intoxicating liquor has the meaning ascribed to it in NRS 202.055.
Sec. 13. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this subsection, any pupil who commits a battery which results in the bodily injury of an employee of the school or who is found in possession of a dangerous weapon, except as provided in subsection 2, or sells or distributes any controlled substance, while on the premises of any public school must, for the first occurrence, be suspended from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school. Any pupil in grades one to six, inclusive, or any pupil who is participating in a program of special education for children who are impaired either emotionally or mentally in growth and development may be suspended from school or permanently expelled from school pursuant to this subsection only after the board of trustees of the school district has reviewed the circumstances and approved this action.
2. Subsection 1 does not prohibit a pupil from having in his possession a knife or firearm with the approval of a teacher or administrator of the school.
3. As used in this section:
κ1987 Statutes of Nevada, Page 1551 (CHAPTER 658, SB 480)κ
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) [Controlled substance has the meaning ascribed to it in NRS 453.041.
(c)] Dangerous weapon includes a knife, blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance, dirk, dagger, pistol, revolver or other firearm.
Sec. 14. NRS 432A.170 is hereby amended to read as follows:
432A.170 1. The bureau may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:
(a) Buildings or premises of the facility;
(b) Qualifications and background of the applicant or his employees;
(c) Method of operation for the facility; and
(d) Policies and purposes of the applicant.
2. The bureau shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, to determine whether he has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use of a firearm or other deadly weapon;
(c) Assault with intent to kill or to commit sexual assault or mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure or any other sexually related crime;
(e) Abuse or neglect of a child or contributory delinquency; or
(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS.
3. The bureau may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
Sec. 15. NRS 433.554 is hereby amended to read as follows:
433.554 1. Any employee of the division or other person who:
(a) Has reason to believe that a client of the division has been or is being abused and fails to report it;
(b) Brings intoxicating beverages or a controlled substance [as defined in chapter 453 of NRS] into any building occupied by clients unless specifically authorized to do so by the administrative officer of the division facility involved or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance [as defined in chapter 453 of NRS] while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a client,
is guilty of a misdemeanor.
κ1987 Statutes of Nevada, Page 1552 (CHAPTER 658, SB 480)κ
2. Any employee of the division or other person who willfully abuses any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, 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.
3. Any person who is convicted [under] pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.
4. For the purposes of this section abuse means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment.
Sec. 16. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a controlled substance . [already controlled under the provisions of NRS 453.011 to 453.552, inclusive.]
3. After considering the factors enumerated in subsection 2 , the board shall make findings with respect thereto and issue a regulation controlling the substance if it finds the substance has a potential for abuse.
4. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
5. If any substance is designated, rescheduled or deleted as a controlled substance [under] pursuant to federal law and notice thereof is given to the board, the board shall similarly control the substance [under] pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard.
κ1987 Statutes of Nevada, Page 1553 (CHAPTER 658, SB 480)κ
and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion [under] pursuant to the provisions of NRS 453.011 to 453.552, inclusive, by the board, control under such sections is stayed until the board publishes its decision.
6. Authority to control [under] pursuant to this section does not extend to distilled spirits, wine, malt beverages or tobacco.
7. The board shall not include any nonnarcotic substance on any [such] schedule if that substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.
Sec. 17. NRS 454.201 is hereby amended to read as follows:
454.201 Dangerous drug means any drug, other than a controlled substance , [as defined in chapter 453 of NRS,] unsafe for self-medication or unsupervised use, and includes the following:
1. Any drug which has been approved by the Food and Drug Administration for general distribution and bears the legend: Caution: Federal law prohibits dispensing without prescription;
2. Procaine hydrochloride with preservatives and stabilizers (Gerovital H3) in injectable doses and amygdalin (laetrile) which have been licensed by the state board of health for manufacture in this state but have not been approved as drugs by the Food and Drug Administration; or
3. Any drug which , pursuant to the boards regulations, may be sold only by prescription [because of regulations adopted by the board] because the board has found those drugs to be dangerous to public health or safety.
Sec. 18. NRS 458.290 is hereby amended to read as follows:
458.290 As used in NRS 458.300 to 458.350, inclusive, unless the context otherwise requires, drug addict means any person who habitually takes or otherwise uses any controlled substance , [as defined in chapter 453 of NRS,] other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS, to the extent that he endangers the health, safety or welfare of himself or any other person . [or groups of persons.]
Sec. 19. NRS 458.300 is hereby amended to read as follows:
458.300 Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect treatment under the supervision of a state-approved facility for the treatment of abuse of alcohol or drugs before he is sentenced unless:
1. The crime is a crime against the person as provided for in chapter 200 of NRS;
2. The crime is that of selling a controlled substance ; [as defined in chapter 453 of NRS;]
3. The crime is that of driving under the influence of intoxicating liquor or while an habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in NRS 484.379, or such driving which causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;
κ1987 Statutes of Nevada, Page 1554 (CHAPTER 658, SB 480)κ
causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;
4. The alcoholic or drug addict has a record of one or more convictions of a crime of violence or of selling a controlled substance , [as defined in chapter 453 of NRS,] or of two or more convictions of any felony;
5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment on two prior occasions within any consecutive 2-year period.
Sec. 20. NRS 488.205 is hereby amended to read as follows:
488.205 1. A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
2. A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance , [as defined in chapter 453 of NRS,] unless in accordance with a prescription issued to the person by a physician, podiatrist or dentist.
Sec. 21. NRS 493.130 is hereby amended to read as follows:
493.130 Any person operating an aircraft in the air, or on the ground or water [, while] :
1. While under the influence of intoxicating liquor or a controlled substance , [as defined in chapter 453 of NRS,] unless in accordance with a prescription issued to [such person] him by a physician, podiatrist or dentist [, or operating an aircraft in the air or on the ground or water, in] ; or
2. In a careless or reckless manner so as to endanger the life or property of another [shall be] ,
is guilty of a gross misdemeanor.
Sec. 22. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute grounds for initiating disciplinary action:
1. Inability to practice medicine with reasonable skill and safety due to illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any conduct:
(a) Which is intended to deceive; or
(b) Which the board has determined is a violation of the standards of practice established by regulation of the board.
3. Administering, dispensing or prescribing any controlled substance , [as defined in chapter 453 of NRS,] or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.
4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body.
κ1987 Statutes of Nevada, Page 1555 (CHAPTER 658, SB 480)κ
5. Practicing or offering to practice beyond the scope permitted by law [,] or performing services which the licensee knows or has reason to know that he is not competent to perform.
6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine are experimental.
7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
Sec. 23. NRS 630A.030 is hereby amended to read as follows:
630A.030 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Ministering to a patient while the homeopathic physician is under the influence of alcohol or any controlled substance . [as defined in chapter 453 of NRS.]
2. Gross negligence.
3. Willful disregard of homeopathic medical procedures.
4. Willful and consistent use of homeopathic medical procedures, services or treatment considered by homeopathic physicians in the community to be inappropriate or unnecessary in the cases where used.
Sec. 24. NRS 630A.340 is hereby amended to read as follows:
630A.340 The grounds for initiating disciplinary action [under] pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS.
(b) A felony.
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice any type of medicine by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 25. NRS 630A.370 is hereby amended to read as follows:
630A.370 The following acts, among others, constitute unprofessional conduct:
1. Habitual drunkenness or habitual addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
2. Engaging in any:
(a) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
κ1987 Statutes of Nevada, Page 1556 (CHAPTER 658, SB 480)κ
3. Administering, dispensing or prescribing any controlled substance , [as defined in chapter 453 of NRS,] or any dangerous drug as defined in chapter 454 of NRS, other than in the course of legitimate professional practice or as authorized by law.
4. Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body [for the purpose of causing] to cause an abortion.
Sec. 26. NRS 631.3475 is hereby amended to read as follows:
631.3475 The following acts, among others, constitute unprofessional conduct:
1. Malpractice;
2. Professional incompetence;
3. Suspension or revocation of his license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;
4. More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;
5. Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter [453 or] 454 of NRS, if it is not required to treat the dentists patient;
6. Chronic or persistent inebriety or addiction to a controlled substance , [as defined in chapter 453 of NRS,] to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; or
7. Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this state, or conviction of any criminal violation of this chapter.
Sec. 27. NRS 632.220 is hereby amended to read as follows:
632.220 The board [has the power to] may deny, revoke or suspend any license to practice nursing as a professional nurse applied for or issued [under] pursuant to this chapter or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a professional nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance . [as defined in chapter 453 of NRS.]
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
κ1987 Statutes of Nevada, Page 1557 (CHAPTER 658, SB 480)κ
(b) Procuring, or aiding, abetting, attempting, agreeing [,] or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required [under] pursuant to this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
9. Has falsified an entry on a patients medical chart concerning a controlled substance.
10. Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.
Sec. 28. NRS 632.320 is hereby amended to read as follows:
632.320 The board may deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued [under] pursuant to this chapter, or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance . [as defined in chapter 453 of NRS.]
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing [,] or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required [under] pursuant to this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
κ1987 Statutes of Nevada, Page 1558 (CHAPTER 658, SB 480)κ
9. Has falsified an entry on a patients medical chart concerning a controlled substance.
10. Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.
Sec. 29. NRS 633.041 is hereby amended to read as follows:
633.041 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Performing surgery upon or otherwise ministering to a patient while the osteopathic physician is under the influence of alcohol or any controlled substance ; [as defined in chapter 453 of NRS;]
2. Gross negligence;
3. Willful disregard of established medical procedures; or
4. Willful and consistent use of medical procedures, services or treatment considered by osteopathic physicians in the community to be inappropriate or unnecessary in the cases where used.
Sec. 30. NRS 633.131 is hereby amended to read as follows:
633.131 1. Unprofessional conduct includes:
(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine.
(b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician , [or] doctor of osteopathy [, or by] or a similar term.
(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.
(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by board regulation.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance [as defined in chapter 453 of NRS,] or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
(i) Performing, assisting or advising an unlawful abortion or in the injection of any liquid silicone substance into the human body.
κ1987 Statutes of Nevada, Page 1559 (CHAPTER 658, SB 480)κ
(j) Willful disclosure of a communication privileged [under] pursuant to a statute or court order.
(k) Willful disobedience of the regulations of the state board of health or of the state board of osteopathic medicine.
(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses [under] issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
(b) For two or more persons holding valid licenses [under] issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.
Sec. 31. NRS 633.511 is hereby amended to read as follows:
633.511 The grounds for initiating disciplinary action [under] pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice osteopathic medicine by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 32. NRS 633A.030 is hereby amended to read as follows:
633A.030 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Ministering to a patient while the naturopath is under the influence of alcohol or any controlled substance ; [as defined in chapter 453 of NRS;]
2. Gross negligence;
3. Willful disregard of established naturopathic procedures; or
4. Willful and consistent use of naturopathic procedures, services or treatment considered by naturopaths in the community to be inappropriate or unnecessary in the cases where used.
Sec. 33. NRS 633A.100 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1560 (CHAPTER 658, SB 480)κ
633A.100 1. Unprofessional conduct includes:
(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice naturopathic healing.
(b) Failure of a licensee to designate his practice in the professional use of his name by using the term naturopath.
(c) Directly or indirectly giving to or receiving from any person any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a naturopath in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of naturopathic healing, or the aiding or abetting of any unlicensed person to practice naturopathic healing.
(e) Advertising the practice of naturopathic healing in a manner which does not conform to the guidelines [established by board regulation.] set forth by the board in its regulations.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance [as defined in chapter 453 of NRS,] or any dangerous drug as defined in chapter 454 of NRS.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
(i) Performing, assisting or advising an abortion or in the injection of any liquid silicone substance into the human body.
(j) Willful disclosure of a communication privileged [under] pursuant to a statute or court order.
(k) Willful disobedience of the regulations of the state board of health or of the board of naturopathic healing.
(l) Willfully representing [with the purpose of obtaining] , to obtain compensation or other advantages for himself or for any other person , that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
(m) Using any designation other than as authorized in this chapter or representing himself as being in the practice of a healing art for which he is not licensed.
(n) Practicing obstetrics, performing major or minor surgery or invasive procedures except venipuncture for the withdrawal of blood for diagnosis or using X-ray or radium treatments.
(o) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
κ1987 Statutes of Nevada, Page 1561 (CHAPTER 658, SB 480)κ
2. It is not unprofessional conduct:
(a) For persons holding valid licenses [under] issued pursuant to this chapter to practice naturopathic healing in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
(b) For two or more persons holding valid licenses [under] issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.
Sec. 34. NRS 633A.330 is hereby amended to read as follows:
633A.330 The grounds for initiating disciplinary action [under] pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice naturopathic healing by any other jurisdiction.
4. Gross or repeated malpractice.
5. Professional incompetence.
Sec. 35. NRS 634.015 is hereby amended to read as follows:
634.015 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of ministering to a patient while the chiropractor is under the influence of alcohol or any controlled substance . [as defined in chapter 453 of NRS.]
Sec. 36. NRS 634.018 is hereby amended to read as follows:
634.018 Unprofessional conduct means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
4. Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this paragraph, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter.
κ1987 Statutes of Nevada, Page 1562 (CHAPTER 658, SB 480)κ
periodicals, motion picture, handbills or other printed matter. Nothing contained in this paragraph prohibits the direct mailing of informational documents to former or current patients.
5. Willful disobedience of the law, or of the regulations of the state board of health, or of the regulations of the Nevada state board of chiropractic examiners.
6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
7. Administering, dispensing or prescribing any controlled substance . [as defined in chapter 453 of NRS.]
8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance . [as defined in chapter 453 of NRS.] The record of conviction is conclusive evidence of unprofessional conduct.
9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance . [as defined in chapter 453 of NRS.]
10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.
12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
Sec. 37. NRS 634.140 is hereby amended to read as follows:
634.140 The grounds for initiating disciplinary action [under] pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.
4. Gross or repeated malpractice.
Sec. 38. NRS 634A.170 is hereby amended to read as follows:
634A.170 The board may [either] refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance , [as defined in chapter 453 of NRS,] as shown by a certified copy of the record of the court;
κ1987 Statutes of Nevada, Page 1563 (CHAPTER 658, SB 480)κ
the possession, distribution or use of any controlled substance , [as defined in chapter 453 of NRS,] as shown by a certified copy of the record of the court;
2. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
3. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;
4. Advertising by means of knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than ones own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance ; [as defined in chapter 453 of NRS;]
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of traditional Oriental medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate his school of practice in the professional use of his name by the term traditional Oriental doctor, doctor of acupuncture, doctor of herbal medicine or acupuncture assistant, as the case may be;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the [rules and regulations promulgated] regulations adopted by the state board of health;
18. Administering, dispensing or prescribing any controlled substance , [as defined in chapter 453 of NRS,] except for the prevention, alleviation or cure of disease or for relief from suffering; and
19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 39. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued for any of the following causes:
1. The making of a false statement in any affidavit required of the applicant for application, examination or registration under this chapter.
κ1987 Statutes of Nevada, Page 1564 (CHAPTER 658, SB 480)κ
2. Lending the use of the holders name to an unregistered person.
3. If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
4. Habitual indulgence in the use of alcohol or any controlled substance [as defined in chapter 453 of NRS] which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.
5. Conviction of a crime involving moral turpitude.
6. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
7. The commission of fraud by or on behalf of the licensee regarding his license or practice.
8. Gross incompetency.
9. Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.
10. False representation by or on behalf of the licensee regarding his practice.
11. Unethical or unprofessional conduct.
12. Willful and repeated violations of this chapter or regulations adopted by the board.
Sec. 40. NRS 636.295 is hereby amended to read as follows:
636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:
1. Affliction of the licensee with any communicable disease likely to be communicated to other persons.
2. Commission by the licensee of a felony or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
3. Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.
4. Habitual drunkenness or addiction to any controlled substance . [as defined in chapter 453 of NRS.]
5. Gross incompetency.
6. Affliction with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.
7. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.
8. Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.
9. Perpetration of unethical or unprofessional conduct in the practice of optometry.
10. Willfully and repeatedly violating provisions of this chapter or [rules or] regulations adopted by the board.
κ1987 Statutes of Nevada, Page 1565 (CHAPTER 658, SB 480)κ
Sec. 41. 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;] or intoxicant;
3. Has been convicted of a crime involving moral turpitude;
4. Has advertised fraudulently;
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 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. 42. NRS 637B.250 is hereby amended to read as follows:
637B.250 The grounds for initiating disciplinary action [under] pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 43. NRS 638.140 is hereby amended to read as follows:
638.140 The following acts, among others, are grounds for disciplinary action:
1. Violation of regulations adopted by the board;
2. Habitual drunkenness;
3. Addiction to the use of a controlled substance ; [as defined in chapter 453 of NRS;]
κ1987 Statutes of Nevada, Page 1566 (CHAPTER 658, SB 480)κ
4. Conviction of or a plea of nolo contendere to a felony, or any offense involving moral turpitude;
5. Incompetence, gross negligence, or other malpractice pertaining to veterinary medicine as evidenced by a claim of malpractice settled against the holder of a license;
6. Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance [as defined in chapter 453 of NRS] or a dangerous drug as defined in chapter 454 of NRS; or
7. Willful failure to comply with any provision of this chapter, a regulation, subpena or order of the board, or an order of a court.
Sec. 44. NRS 639.007 is hereby amended to read as follows:
639.007 Drug and medicine mean:
1. Articles recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
2. Articles and devices intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals;
3. Articles , [(] other than food, aspirin and effervescent saline analgesics , [)] intended to affect the structure or any function of the body of man or other animals;
4. Articles intended for use as a component of any article specified in subsection 1, 2 or 3 of this section; and
5. Any controlled substance . [as defined in chapter 453 of NRS.]
Sec. 45. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he is a prescribing practitioner, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, or a registered pharmacist under the provisions of this chapter.
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person may act as a manufacturer or wholesaler unless he has obtained a permit from the board.
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers [controlled substances as defined in chapter 453 of NRS, which are] a controlled substance which is intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and [such person] shall not furnish, sell or offer to sell such [substances] a substance until he has obtained a permit from the board.
4. Each application for such a permit must be made on a form furnished by the board and no application may be considered by the board until all the information required thereon has been completed.
κ1987 Statutes of Nevada, Page 1567 (CHAPTER 658, SB 480)κ
information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to the applicant. Each permit must be issued to a specific person for a specific location, and renewed biennially.
Sec. 46. 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] pursuant to 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 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;
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 of law or regulation concerning recordkeeping or inventory [requirements] in a store over which he presides or has 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
κ1987 Statutes of Nevada, Page 1568 (CHAPTER 658, SB 480)κ
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 may be evidenced by claims of malpractice settled against him.
Sec. 47. NRS 639.235 is hereby amended to read as follows:
639.235 1. No person other than a practitioner holding a currently valid license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a physician not licensed to practice in this state but authorized by the laws of another state to prescribe shall be [considered] deemed to be a legal prescription.
2. If a prescription, written by a physician not licensed to practice in this state, calls for a controlled substance listed in Schedule II , [controlled substance, as defined in chapter 453 of NRS, it is the responsibility of] the registered pharmacist who is to fill the prescription [to] shall establish that the prescription is authentic and that a bona fide doctor-patient relationship did exist [at the time] when the prescription was written.
Sec. 48. NRS 639.236 is hereby amended to read as follows:
639.236 1. All prescriptions filled in any pharmacy must be serially numbered and filed in the manner prescribed by regulation of the board. Prescriptions for controlled substances listed in Schedule II [pursuant to chapter 453 of NRS] must be filed separately from other prescriptions or in a readily retrievable manner as the board may provide by regulation. All prescriptions must be retained on file for at least 5 years.
2. Each prescription on file must bear the date on which it was originally filled and be personally signed or initialed by the registered pharmacist who filled it.
3. Files of prescriptions are open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles and public safety.
Sec. 49. NRS 639.238 is hereby amended to read as follows:
639.238 1. Prescriptions filled and on file in a pharmacy are not a public record. A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:
(a) The patient for whom the original prescription was issued;
(b) The practitioner who originally issued the prescription;
(c) A practitioner who is then treating the patient;
(d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration or an agent of the investigation division of the department of motor vehicles and public safety;
(e) An agency of state government charged with the responsibility of providing medical care for the patient;
(f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; or
(g) Any person authorized by [a district court order.] an order of a district court.
κ1987 Statutes of Nevada, Page 1569 (CHAPTER 658, SB 480)κ
2. Any copy of a prescription for a controlled substance [as defined in chapter 453 of NRS] or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face, Copy, Not RefillableFor Reference Purposes Only; and such a copy must bear the name or initials of the registered pharmacist who prepared the copy.
3. If a copy of a prescription for any controlled substance [as defined in chapter 453 of NRS] or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
4. If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.
Sec. 50. NRS 640.160 is hereby amended to read as follows:
640.160 1. The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:
(a) Refuse to register or issue a license or temporary permit to any applicant.
(b) Refuse to renew the registration, license or temporary permit of any person.
(c) Suspend or revoke the registration, license or temporary permit of any person.
(d) Place any person who has been registered or issued a license or temporary permit on probation.
(e) Impose an administrative fine which does not exceed $500 on any person who has been registered or issued a license or temporary permit.
2. The board may take action pursuant to subsection 1 if an applicant or person who has been registered or issued a license or temporary permit:
(a) Is habitually drunk or is addicted to the use of a controlled substance . [as defined in chapter 453 of NRS.]
(b) Has been convicted of violating any state or federal law relating to controlled substances . [as defined in chapter 453 of NRS.]
(c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.
(d) Has been convicted of any crime involving moral turpitude.
(e) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.
(f) Has obtained or attempted to obtain registration by fraud or material misrepresentation.
κ1987 Statutes of Nevada, Page 1570 (CHAPTER 658, SB 480)κ
(g) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
(h) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.
(i) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.
(j) Has had his license to practice physical therapy suspended or revoked by another jurisdiction.
(k) Is determined to be professionally incompetent by the board.
(l) Has violated any provision of this chapter or the boards regulations.
Sec. 51. 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 as defined in NRS 202.055 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. 52. 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 as defined in NRS 202.055 or any controlled substance . [as defined in chapter 453 of NRS.]
Sec. 53. NRS 641.230 is hereby amended to read as follows:
641.230 The grounds for refusing to grant a certificate or for initiating an action authorized [under] by this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance [as defined in chapter 453 of NRS] or any dangerous drug as defined in chapter 454 of NRS.
(b) A felony.
(c) Any offense involving moral turpitude.
(d) Any offense related to the practice of psychology or to the ability to practice psychology.
3. Suspension, revocation or limitation of the license to practice psychology by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a psychologist.
5. Professional incompetence.
κ1987 Statutes of Nevada, Page 1571 (CHAPTER 658, SB 480)κ
6. Impersonating a certified psychologist.
Sec. 54. NRS 641.235 is hereby amended to read as follows:
641.235 The following acts, among others, constitute unprofessional conduct:
1. Habitual drunkenness or habitual addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
2. Engaging in:
(a) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical.
(b) Conduct, in the practice of psychology, harmful to the public or detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
3. Sexual relations with a patient or sexual assault upon a patient.
Sec. 55. NRS 641.430 is hereby amended to read as follows:
641.430 Nothing in this chapter authorizes the administration or prescription of dangerous drugs as defined in chapter 454 of NRS or controlled substances , [as defined in chapter 453 of NRS,] or authorizes any person to engage in any manner in the practice of medicine or optometry as defined in the laws of this state. A psychologist who engages in psychotherapy shall make adequate provision for the treatment of medical problems through appropriate medical consultation or referral, or both. In the event of suspected violation of this section by any person certified [under] pursuant to this chapter, the board of medical examiners may conduct an investigation to determine the facts surrounding the alleged violation. To assist the board of medical examiners in this investigation, the board of psychological examiners shall make available to the board of medical examiners any information in its possession bearing upon the alleged violation. Upon finding that a violation has in fact occurred, the board of medical examiners may either:
1. Recommend appropriate disciplinary action to the board of psychological examiners; or
2. Initiate appropriate action in a court of law.
Sec. 56. NRS 641A.310 is hereby amended to read as follows:
641A.310 The board may refuse to grant a certificate or may suspend or revoke a certificate for any of the following reasons:
1. Conviction of a felony, or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof. The board may inquire into the circumstances surrounding the commission of the offense in order to fix the degree of discipline advisable [,] or to determine [if] whether such a conviction is an offense involving moral turpitude.
2. Habitual drunkenness or addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
3. Impersonating a certified marriage and family counselor or allowing another person to use his certificate.
4. Using fraud or deception in applying for a certificate or in passing the examination provided for in this chapter.
κ1987 Statutes of Nevada, Page 1572 (CHAPTER 658, SB 480)κ
5. Rendering or offering to render services outside the area of his training, experience or competence.
6. Committing unethical practices contrary to the interest of the public as deemed by the board.
7. Unprofessional conduct as determined by the board.
Sec. 57. NRS 643.160 is hereby amended to read as follows:
643.160 The board may [either] refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:
1. Conviction of a felony.
2. Malpractice or incompetency.
3. Continued practice by a person knowingly having an infectious or contagious or communicable disease.
4. Advertising, practicing or attempting to practice under anothers name or anothers trade name.
5. Habitual drunkenness or habitual addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
6. Violation of any of the provisions of this chapter or any of the regulations adopted by the board.
Sec. 58. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the board:
(a) Failure of a person operating a cosmetological establishment or facility for demonstrations to comply with the requirements of this chapter.
(b) Failure to comply with the regulations adopted by the board for cosmetological establishments, facilities for demonstrations, schools of cosmetology or the practice of the occupations of a cosmetologist.
(c) Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.
(d) Gross malpractice.
(e) Continued practice by a person knowingly having an infectious or contagious disease.
(f) Drunkenness or addiction to the use of a controlled substance . [as defined in chapter 453 of NRS.]
(g) Advertisement by means of knowingly false or deceptive statements.
(h) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(i) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
(j) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
κ1987 Statutes of Nevada, Page 1573 (CHAPTER 658, SB 480)κ
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 59. NRS 646.060 is hereby amended to read as follows:
646.060 Every pawnbroker, and every clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.
2. Makes any false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the district attorney or any peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports any material matter falsely to the sheriff or to the chief of police.
6. Fails to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes or allows to be removed from his place of business, except upon redemption by the owner thereof, any property received within 10 days after the receipt thereof is reported to the sheriff or to the chief of police.
8. Receives any property from any person under the age of 18 years, any common drunkard, any habitual user of controlled substances , [as defined in chapter 453 of NRS,] any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
9. Violates any of the provisions of NRS 646.050.
Sec. 60. NRS 647.140 is hereby amended to read as follows:
647.140 Every secondhand dealer and every clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. Makes any false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the district attorney or any peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports any material matter falsely to the sheriff or to the chief of police.
6. Fails to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
κ1987 Statutes of Nevada, Page 1574 (CHAPTER 658, SB 480)κ
7. Removes or allows to be removed from his place of business any specifically marked property received, within 10 days after the record of the receipt of the property is furnished or mailed to the sheriff or to the chief of police.
8. Receives any property from any person under the age of 18 years, any common drunkard, any habitual user of controlled substances , [as defined in chapter 453 of NRS,] any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
Sec. 61. NRS 656.250 is hereby amended to read as follows:
656.250 The board may refuse to issue or [to] renew or may suspend or revoke any certificate if the shorthand reporter in performing or attempting to perform or pretending to perform any act as a shorthand reporter has:
1. Willfully failed to take full and accurate stenographic notes of any proceedings;
2. Willfully altered any stenographic notes taken at any proceedings;
3. Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;
4. Willfully altered a transcript of stenographic notes taken at any proceedings;
5. Affixed his signature to any transcript of his stenographic notes or certified to the correctness of such a transcript unless the transcript was prepared by him or was prepared under his immediate supervision;
6. Demonstrated unworthiness or incompetency to act as a shorthand reporter in such a manner as to safeguard the interests of the public;
7. Professionally associated with or loaned his name to another for the illegal practice by another of shorthand reporting, or professionally associated with any natural person, firm, copartnership or corporation holding himself, themselves or itself out in any manner contrary to the provisions of this chapter;
8. Habitually been intemperate in the use of intoxicating liquor or controlled substances ; [as defined in chapter 453 of NRS;]
9. Willfully violated any of the provisions of this chapter or the regulations adopted by the board to enforce this chapter;
10. Engaged in unprofessional conduct;
11. Failed within a reasonable time to provide information requested by the board as the result of a formal or informal complaint to the board, which would indicate a violation of this chapter; or
12. Repeatedly failed without excuse to transcribe notes of cases on appeal and [to] file the transcripts of the cases within the time required by law or to transcribe or file notes of other proceedings within the time required by law or agreed by contract.
Sec. 62. Section 1 of chapter 132, Statutes of Nevada 1987, as amended by section 2 of Senate Bill No. 481 of this session, is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1575 (CHAPTER 658, SB 480)κ
Section 1. NRS 50.325 is hereby amended to read as follows:
50.325 1. Whenever a person is charged with an offense punishable pursuant to chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
2. The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney.
3. If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
4. If at the trial or preliminary hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period of not to exceed 3 judicial days to receive the testimony. Should 3 judicial days not be sufficient in a county whose population is less than 25,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge, justice of the peace or hearing officer may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.
Sec. 63. Section 19 of chapter 111, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 19. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
1. Inability to practice medicine with reasonable skill and safety [due to] because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any conduct:
(a) Which is intended to deceive; or
(b) Which the board has determined is a violation of the standards of practice established by regulation of the board.
κ1987 Statutes of Nevada, Page 1576 (CHAPTER 658, SB 480)κ
3. Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.
4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body [.] , except for the use of silicone oil to repair a retinal detachment.
5. Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform.
6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine are experimental.
7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
8. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
9. Failing to comply with the requirements of NRS 630.254.
10. Habitual intoxication from alcohol or dependency on controlled substances.
11. Failure by a licensee or applicant to report, within 30 days, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.
12. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
Sec. 64. Sections 4, 5 and 6 of chapter 210, Statutes of Nevada 1987, are hereby amended to read respectively as follows:
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.
2. As used in this section, [intoxicating liquor has the meaning ascribed to it in NRS 202.055.] alcoholic beverage has the meaning ascribed to it in section 1 of this act.
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;
2. Gross negligence;
κ1987 Statutes of Nevada, Page 1577 (CHAPTER 658, SB 480)κ
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.
Sec. 65. Section 22 of chapter 276, Statutes of Nevada 1987, is hereby amended to read as follows:
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 or intoxicant;
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;
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. 66. Section 1 of Senate Bill No. 297 of this session is hereby amended to read as follows:
Section 1. NRS 639.210 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1578 (CHAPTER 658, SB 480)κ
639.210 The board may suspend or revoke any certificate, license, registration or permit issued pursuant to 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, 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;
6. Has been convicted of a violation of any law related to controlled substances 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;
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.
κ1987 Statutes of Nevada, Page 1579 (CHAPTER 658, SB 480)κ
Sec. 67. Section 1 of Assembly Bill No. 609 of this session is hereby amended to read as follows:
Section 1. NRS 50.315 is hereby amended to read as follows:
50.315 1. Whenever any person has qualified in the district court of any county as an expert witness to testify regarding the presence in the blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in an administrative proceeding or in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type which have been certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath, blood or urine to determine the amount by weight of alcohol in his blood;
(b) The identity of a person from whom the affiant obtained a sample of breath, blood or urine;
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons blood.
3. The affidavit of a person who prepared a chemical solution or gas which has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation; and
(b) That he prepared a solution or gas having the chemical composition which is specified by the manufacturer of the device as necessary for accurately calibrating it . [; and
(c) The name of the law enforcement agency or laboratory to which he delivered the solution or gas.]
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That on a specified date he calibrated such a device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
κ1987 Statutes of Nevada, Page 1580 (CHAPTER 658, SB 480)κ
prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit of a person who withdraws a sample of blood from another for analysis by an expert as mentioned in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The identity of the person from whom the affiant withdrew the sample;
(c) The fact that the affiant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The person to whom the affiant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations which prescribe the form of the affidavits described in this section.
Sec. 68. NRS 453.041, 484.376 and 639.0055 are hereby repealed.
Sec. 69. This act becomes effective upon passage and approval.
________
Assembly Bill No. 859Committee on Government Affairs
CHAPTER 659
AN ACT relating to administrative regulations; temporarily revising the procedure for adoption of administrative regulations; ratifying the adoption of the administrative regulations in the Nevada Administrative Code; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:
κ1987 Statutes of Nevada, Page 1581 (CHAPTER 659, AB 859)κ
The Nevada Administrative Code as most recently revised or supplemented before May 15, 1987, and the text of those regulations which have been prepared by the legislative counsel for inclusion in the Nevada Administrative Code on or before May 15, 1987, but have not been included, are hereby ratified.
Sec. 2. NRS 233B.066 is hereby amended to read as follows:
233B.066 Each adopted regulation which is [to be submitted to the legislative commission for review] filed with the secretary of state must be accompanied by a statement concerning the regulation which contains the following information:
1. A description of how public comment was solicited, a summary of public response, and an explanation how other interested persons may obtain a copy of the summary.
2. A description of how comment was solicited from affected businesses, a summary of their response, and an explanation how other interested persons may obtain a copy of the summary.
3. The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately, and in each case must include:
(a) Both adverse and beneficial effects; and
(b) Both immediate and long-term effects.
4. The estimated cost to the agency for enforcement of the proposed regulation.
5. A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary.
Sec. 3. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a regulation, the agency shall submit an original and four copies of each regulation adopted, except an emergency regulation or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.
2. The legislative commission or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 3 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held. [If the commission or committee does not object to a regulation within 35 days after its receipt, the director of the legislative counsel bureau shall promptly file the regulation with the secretary of state and notify the agency of the filing.
κ1987 Statutes of Nevada, Page 1582 (CHAPTER 659, AB 859)κ
the director of the legislative counsel bureau shall promptly file the regulation with the secretary of state and notify the agency of the filing. If the committee objects to a regulation, the director shall not file it but shall present it to the commission at the next meeting.]
3. The legislative commission shall notify the director of the results of its review [.] within 30 days after receipt of the regulation from the agency. If the commission does not object to [a] the regulation, the director shall [accept the regulation as it was submitted, promptly] file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission determines that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the commissions objection, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency. The director shall file the regulation with the secretary of state within 35 days after receipt from the agency if the agency does not notify the director in writing before that date of its intent to revise the regulation. If the agency notifies the director that it intends to revise the regulation as recommended, the director shall file the regulation with the secretary of state within 10 days after receipt of the revised regulation.
Sec. 4. NRS 233B.0675 is hereby amended to read as follows:
233B.0675 1. If the legislative commission has objected to a regulation [,] and the agency [may] did not revise it [and return it to the director of the legislative counsel bureau. Upon receipt of the revised regulation, the director shall resubmit the regulation to the commission at its next regularly scheduled meeting. If there is no objection to the revised regulation, he shall promptly file it with the secretary of state and notify the agency of the filing.
2. If a majority of the members of the commission object to the revised regulation, the agency may continue to revise it and resubmit it to the commission.
3. If the agency refuses to revise a regulation to which the commission has objected, the commission may postpone the filing of the regulation until the 30th day of the next regular session of the legislature. Before the 30th day of the next regular session the legislature may, by concurrent resolution, declare that the regulation shall not become effective. The director shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the legislature has not so declared by the 30th day of the session, the director shall promptly file the regulation and notify the agency of the filing.] before it was filed with the secretary of state, the commission shall report the matter to the next session of the legislature for its consideration.
Sec. 5. NRS 233B.115 is hereby amended to read as follows:
233B.115 1. Any person who objects to the content of a form required by an agency to be used in submitting an application, making a declaration or providing other information may request the legislative commission to determine whether the information required and the instructions for its preparation conform to the statutory authority under which the agency requires it.
κ1987 Statutes of Nevada, Page 1583 (CHAPTER 659, AB 859)κ
determine whether the information required and the instructions for its preparation conform to the statutory authority under which the agency requires it. The legislative commission may also make such a determination on its own motion.
2. If the legislative commission finds that any part of the information or instructions does not conform to statutory authority, the director of the legislative counsel bureau shall so notify the agency. [Thereafter, unless it can and does so modify the form as to remove entirely the part which was found not to conform, the agency shall not use the form until it has submitted a revised version to the legislative commission and received the commissions approval.] The agency may revise the form and submit it to the legislative commission for its review.
3. If the agency chooses instead not to revise the form, [it shall not use the form until after the expiration of the first 30 days of the next regular session of the legislature. Unless within that time the legislature by concurrent resolution declares that the form must not be used, the agency thereafter may use it.] the commission shall report the matter to the next session of the legislature for its consideration.
Sec. 6. 1. This act becomes effective upon passage and approval.
2. Sections 2 to 5, inclusive, of this act, expire by limitation upon approval by the voters of Senate Joint Resolution No. 6 of the 63rd Session of the Nevada Legislature.
________
Senate Bill No. 506Senator Jacobsen
CHAPTER 660
AN ACT relating to medical care; permitting a registered nurse in certain institutions of the department of prisons to dispense certain medications to an offender; permitting a nurse to administer treatments on the orders of a physicians assistant in those institutions; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.215 is hereby amended to read as follows:
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner or to an institutional pharmacy upon the written order of the prescribing practitioner in charge;
2. An institutional pharmacy, in case of emergency, upon a written order signed by the chief medical officer;
3. A practitioner, or a physicians assistant if authorized by the board;
4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board;
κ1987 Statutes of Nevada, Page 1584 (CHAPTER 660, SB 506)κ
5. A medical intern in the course of his internship; [or]
6. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs [,] ; or
7. A registered nurse employed at an institution of the Department of Prisons to an offender in that institution,
except that no person may dispense a dangerous drug in violation of a regulation adopted by the board.
Sec. 2. Chapter 630 of NRS is hereby amended to read as follows:
1. A physicians assistant employed at an institution of the department of prisons may give orders for treatments to a nurse working at that institution for the treatment of a patient, including the administration of a dangerous drug, poison or related device, if:
(a) The orders are given pursuant to a protocol approved by the board and the supervising physician;
(b) The physicians assistant has been awarded a bachelors degree from a college or university recognized by the board; and
(c) The physicians assistant has received at least 40 hours of instruction regarding the prescription of medication as a part of either his basic educational qualifications or a program of continuing education approved by the board.
2. This section does not authorize a physicians assistant to give orders for the administration of any controlled substance.
3. For the purposes of this section, treatments means the use, insertion or application of instruments, apparatus and contrivances, including their components, parts and accessories, which do not require a prescription for their use and are not included within device as defined in NRS 585.070.
Sec. 3. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A nurse licensed pursuant to the provisions of this chapter, while working at an institution of the department of prisons, may treat patients, including the administration of a dangerous drug, poison or related device, pursuant to orders given by a physicians assistant if those orders are given pursuant to a protocol approved by the board of medical examiners and the supervising physician. The orders must be cosigned by the supervising physician or another physician within 72 hours after treatment.
2. A copy of the protocol under which orders are given by a physicians assistant must be available at the institution for review by the nurse.
3. This section does not authorize a physicians assistant to give orders for the administration of any controlled substance.
4. For the purposes of this section:
(a) Physicians assistant means a physicians assistant certified by the board of medical examiners pursuant to chapter 630 of NRS who:
(1) Is employed at an institution of the department of prisons;
(2) Has been awarded a bachelors degree from a college or university recognized by the board of medical examiners; and
κ1987 Statutes of Nevada, Page 1585 (CHAPTER 660, SB 506)κ
(3) Has received at least 40 hours of instruction regarding the prescription of medication as a part of either his basic educational qualifications or a program of continuing education approved by the board of medical examiners.
(b) Protocol means the written directions for the assessment and management of specified medical conditions, including the drugs and devices the physicians assistant is authorized to order, which the physicians assistant and the supervision have agreed upon as a basis for their practice.
(c) Supervising physician has the meaning ascribed to it in NRS 630.025.
Sec. 4. Chapter 639 of NRS is hereby amended by adding a new section to read as follows:
1. A physicians assistant employed at an institution of the department of prisons may give orders for treatments to a nurse working at that institution for the administration of a dangerous drug, poison or related device, if:
(a) The orders are given pursuant to a protocol approved by the board of medical examiners and the supervising physician;
(b) The physicians assistant has been awarded a bachelors degree from a college or university recognized by the board of medical examiners; and
(c) The physicians assistant has received at least 40 hours of instruction regarding the prescription of medication as a part of either his basic educational qualifications or a program of continuing education approved by the board of medical examiners.
2. This section does not authorize a physicians assistant to give orders for the administration of any controlled substance.
3. For the purposes of this section, treatments means the use, insertion or application of instruments, apparatus and contrivances, including their components, parts and accessories, which do not require a prescription for their use and are not included within device as defined in NRS 585.070.
Sec. 5. This act expires by limitation on June 30, 1989.
Sec. 6. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1586κ
Assembly Bill No. 598Assemblymen Price, Tebbs, Spinello, Swain, Lambert, Humke, Gaston, Triggs, Wendell Williams, Garner and Thomas
CHAPTER 661
AN ACT relating to economic development; authorizing the commission on economic development to coordinate the process of application for the superconducting super collider; creating the authority for the development of a community for the superconducting super collider; providing its powers and duties; providing in skeleton form for the allocation of revenue to the authority from various fees and taxes; requiring the state engineer to give priority to any petition or application for water rights related to the superconducting super collider; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The commission on economic development shall:
1. Submit an application to the Department of Energy for the location of a superconducting super collider in this state.
2. Select a suitable site or suitable sites in this state for a superconducting super collider.
3. Coordinate all activities of the State of Nevada in applying for the location of a superconducting super collider in this state.
4. Act as the official representative of the State of Nevada on all matters relating to the application for the location of a superconducting super collider in this state.
Sec. 3. The commission on economic development may:
1. Conduct studies and analyze the fiscal impact on the state and its political subdivisions of the location of a superconducting super collider in this state.
2. Enter into cooperative agreements with any federal or state agency or political subdivision or contract with any other person in connection with an application for or any study or analysis pertaining to a superconducting super collider.
3. Acquire property by purchase or the exercise of the power of eminent domain as provided in chapter 37 of NRS for the purpose of fulfilling the requirements for an application for the location of a superconducting super collider in this state.
4. Accept gifts of property and gifts or grants of money for the purposes of sections 2 to 5, inclusive, of this act.
5. Sell, convey or exchange any property acquired by the commission to the Federal Government or any other governmental agency or person in connection with the location of a superconducting super collider in this state.
κ1987 Statutes of Nevada, Page 1587 (CHAPTER 661, AB 598)κ
6. Use the proceeds from the sale of any property acquired by the commission to purchase any other property or any easement, right of way, right to the use of water or other interest in property necessary for the location of a superconducting super collider in this state.
Sec. 4. Every state agency and local governmental entity, including the University of Nevada System, shall cooperate with the commission on economic development in carrying out the provisions of sections 2 to 5, inclusive, of this act, and shall provide the commission with any information, statistics or data in their records that the commission requires.
Sec. 5. The commission on economic development may:
1. Employ, within the limits of legislative appropriations therefore, such legal, professional, scientific and clerical personnel; and
2. Adopt such regulations,
as are necessary to carry out the provisions of sections 2 to 5, inclusive, of this act.
Sec. 6. As used in sections 6 to 11, inclusive, of this act, unless the context otherwise requires:
1. Account means the account for the superconducting super collider.
2. Authority means the authority for the development of a community for the superconducting super collider.
3. Project has the meaning ascribed to undertaking by NRS 361B.150.
Sec. 7. 1. There is hereby created the authority for the development of a community for the superconducting super collider, consisting of:
(a) One member appointed by the board of county commissioners of the county in which the superconducting super collider is located;
(b) One member appointed by the governing body of the largest city in the county in which the superconducting super collider is located, or if there is no city in that county, by the governing body of the largest town; and
(c) Three members appointed by the governor.
All members of the authority must have experience in public finance or economic development.
2. Each voting member of the authority is entitled to receive as compensation the sum of $80 for each day or portion of a day during which he attends a meeting of the authority or is otherwise engaged in the business of the authority plus the per diem allowance and travel expenses provided for state officers and employees generally.
3. A representative of the Department of Energy, designated by the Secretary of Energy, may serve as a nonvoting, ex officio member of the authority, if the Secretary of Energy determines that it would be in the best interests of the project for the superconducting super collider.
4. The voting members of the board shall annually elect a chairman and vice chairman and meet at least quarterly and at the call of the chairman to conduct the business of the authority.
Sec. 8. 1. All expenses incurred by the authority must be paid from the account for the superconducting super collider in the state general fund. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
κ1987 Statutes of Nevada, Page 1588 (CHAPTER 661, AB 598)κ
interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Money in the account must only be used for the purposes of sections 6 to 11, inclusive, of this act.
2. All appropriations, gifts or grants of money and any other revenue received by the authority must be deposited in the account.
3. The commission on economic development shall provide the authority with such clerical and technical assistance as the authority deems necessary. The authority shall reimburse the commission from the account for the cost of that assistance.
Sec. 9. The authority shall:
1. Assist in planning and coordinating the activities of government at the federal, state and local levels in efforts to ameliorate the adverse financial effects which the construction of the superconducting super collider in Nevada will have upon the state and its local governments.
2. Conduct studies and analyze the needs of the state and local governments for additional sources of revenue, innovative methods of financing and programs for the development of projects in the community where the superconducting super collider is located.
3. Accept gifts and grants of money from the Federal Government for the amelioration of the effects of the location of the superconducting super collider in this state.
Sec. 10. The authority may:
1. In addition to any other project authorized by sections 6 to 11, inclusive, of this act, provide housing for those persons actually engaged in the construction of the superconducting super collider.
2. Enter into contracts or cooperative agreements with any federal or state agency or political subdivision of this state or with any other person for the purpose of providing projects in the area where the superconducting super collider is located.
3. Adopt such regulations as are necessary to carry out the provisions of sections 6 to 11, inclusive, of this act.
Sec. 11. 1. The following revenues from fees and taxes must be allocated to the authority, in the manner prescribed by the Nevada tax commission and the department of taxation, for a term not to exceed 30 years for the projects authorized by sections 6 to 11, inclusive, of this act:
(a) All of the revenues from sales and use taxes directly related to the superconducting super collider.
(b) One-half of the revenues from sales and use taxes indirectly related to the superconducting super collider.
(c) One-half of the revenues from all license fees and taxes on gaming directly and indirectly related to the superconducting super collider.
(d) One-half of the revenue from all ad valorem taxes on property in the area where the superconducting super collider is located which is not committed for the payment of any outstanding obligation of the political subdivision imposing the tax.
2. The department of taxation shall:
κ1987 Statutes of Nevada, Page 1589 (CHAPTER 661, AB 598)κ
(a) Determine the boundaries of the area in which the superconducting super collider is located for the purpose of allocating the revenues pursuant to this section; and
(b) Calculate the amounts designated as related to the superconducting super collider.
Sec. 12. NRS 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.030 to 231.130, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, motion pictures includes films to be shown in theaters and on television, industrial, training and educational films, commercials for television, and video discs and tapes.
Sec. 13. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
The state engineer shall give to:
1. A petition for the adjudication of rights to the use of water; or
2. An application for the appropriation of public waters,
submitted by any person in relation to the project to locate a superconducting super collider in this state priority over all other petitions or applications.
Sec. 14. As soon as practicable after the selection by the Federal Government of a site in Nevada for a superconducting super collider the:
1. Board of county commissioners of the county in which the superconducting super collider will be located shall appoint to the authority for the development of a community for the superconducting super collider, one member to a term which expires on June 30 of the third calendar year after his appointment.
2. Governing body of the largest city or town, as the case may be, in the county in which the superconducting super collider will be located shall appoint to the authority for the development of a community for the superconducting super collider, one member to a term which expires on June 30 of the second calendar year after his appointment.
3. Governor shall appoint to the authority for the development of a community for the superconducting super collider:
(a) One member to a term which expires on June 30 of the third calendar year after his appointment;
(b) One member to a term which expires on June 30 of the second calendar year after his appointment; and
(c) One member to a term which expires on June 30 of the first calendar year after his appointment.
Sec. 15. 1. This section, sections 1 to 5, inclusive, 12 and 13 of this act become effective upon passage and approval.
2. Sections 6 to 11, inclusive, and 14 of this act become effective only upon the selection by the Federal Government of a site in Nevada for a superconducting super collider.
3. Sections 1 to 5, inclusive, 12 and 13 of this act expire by limitation on July 1, 1989, if Nevada is not selected as the site for a superconducting super collider.
κ1987 Statutes of Nevada, Page 1590 (CHAPTER 661, AB 598)κ
on July 1, 1989, if Nevada is not selected as the site for a superconducting super collider.
________
Assembly Bill No. 476Assemblymen Adler, Kissam, Lambert, Price, Jeffrey, Brookman, Swain, Arberry, Evans, Nevin, Porter, Spinello, Getto, Thompson and Banner
CHAPTER 662
AN ACT relating to elections; prohibiting registration as a voter in more than one county; revising certain provisions governing the cancellation of an affidavit of registration of a voter; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding a new section to read as follows:
It is unlawful for any person to be registered as a voter in more than one county at one time.
Sec. 2. NRS 293.530 is hereby amended to read as follows:
293.530 1. County clerks may use any reliable and reasonable means available to correct the official registration lists and determine whether a registered voters current residence is other than that indicated on his affidavit of registration.
2. A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass, or by any other method.
3. Except as otherwise provided in subsection 4, a county clerk shall cancel the affidavit of registration of a voter pursuant to this section if he first mails a written notice to the voter of his intention to cancel the affidavit of registration for the reason stated in the notice, and the voter does not, within 15 days after he receives the notice, present evidence satisfactory to the county clerk refuting the reason for the cancellation. For the purpose of this subsection, the voter is deemed to have received the notice 3 days after the notice is mailed.
4. Notice pursuant to subsection 3 is not required if a county clerk is canceling the affidavit of registration of a voter pursuant to NRS 293.527 or subsection 2, 3 or 7 of NRS 293.540.
Sec. 3. 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 .
κ1987 Statutes of Nevada, Page 1591 (CHAPTER 662, AB 476)κ
district election board and the absent ballot central counting board, if one has been appointed, to the county clerk . [, and he shall remove]
2. A county clerk 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] affidavit of registration of [all electors who have] any elector who 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.] if he first mails a written notice to that elector of his intention to cancel the affidavit of registration for failure to vote in the general election, and the elector does not, within 15 days after he receives the notice, mail a return postcard provided by the county clerk with the notice, stating under penalty of perjury that he:
(a) Does not wish to have his affidavit of registration cancelled; and
(b) Currently resides at the residence indicated on his affidavit of registration.
For the purpose of this subsection, the elector is deemed to have received the notice 3 days after the notice is mailed.
3. An absent voter whose ballot is voted and mailed or delivered to the county clerk within 10 days after the date of the general election must not be considered as having failed to vote under subsection [1.] 2.
Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 883Committee on Transportation
CHAPTER 663
AN ACT relating to motor vehicles; revising the provisions governing the licensing and regulation of automobile wreckers, salvage pools and body shops; requiring certain documentation relating to the dismantling and reconstruction of motor vehicles; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. Rebuilt vehicle means a vehicle, one or more major components of which have been replaced. For the purposes of this section, the major components of a vehicle are the cowl, frame, rear clip, roof and floor pan.
κ1987 Statutes of Nevada, Page 1592 (CHAPTER 663, AB 883)κ
Sec. 1.5. The department shall provide suitable plates for automobile wreckers and operators of salvage pools upon payment of a fee of $12 for each set of plates. The department shall not issue more than three sets of plates to a licensee. Such plates authorize the movement of vehicles in accordance with NRS 487.090 and section 13 of this act.
Sec. 1.7. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.135, inclusive, and section 1.3 of this act, have the meanings ascribed to them in those sections.
Sec. 2. NRS 482.245 is hereby amended to read as follows:
482.245 1. The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the legal name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicles odometer as provided to the department by the person making the sale or transfer, the word rebuilt if it is a rebuilt vehicle, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership must contain forms for notice to the department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of ownership is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate.
Sec. 3. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale must be in a form prescribed by the department and include a description of the vehicle, including whether it is a rebuilt vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the department within 30 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle, and shall furnish one copy to the buyer.
κ1987 Statutes of Nevada, Page 1593 (CHAPTER 663, AB 883)κ
the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle, and shall furnish one copy to the buyer. One copy must be affixed to the front right windshield of the vehicle, which permits the vehicle to be operated for [a period not to exceed] not more than 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
3. The department shall furnish a special permit which may be used when a contract of sale is made, [for the purpose of enabling] to enable the buyer to operate the vehicle purchased by him for [a period not to exceed] not more than 10 days. Upon executing all documents necessary to complete the sale of the vehicle, the dealer shall remove the special permit and execute the dealers report of sale, [as required by] pursuant to subsections 1 and 2 of this section.
Sec. 4. NRS 482.426 is hereby amended to read as follows:
482.426 When a used or rebuilt vehicle is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall, within 10 days after the sale, submit to the department:
1. If a certificate of ownership has been issued in this state, [such] the certificate properly endorsed.
2. If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:
(a) [Such] The certificate or document properly endorsed; and
(b) A statement [showing,] containing, if not included in the endorsed certificate or document, the description of the vehicle, including whether it is a rebuilt vehicle, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. Any such statement [shall] must be signed and acknowledged by the seller and the buyer.
3. If no document of title has been issued by any public authority, a statement [showing] containing all the information and signed and acknowledged in the manner required by paragraph (b) of subsection 2.
Sec. 5. NRS 482.470 is hereby amended to read as follows:
482.470 1. Whenever any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the department any certificate of registration and certificate of ownership issued by the department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.
2. Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the department any license plate or plates, certificate of registration or certificate of ownership issued by the department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.
κ1987 Statutes of Nevada, Page 1594 (CHAPTER 663, AB 883)κ
3. The department may issue a certificate of dismantling, as provided in chapter 487 of NRS.
4. The department shall destroy any plate or plates, certificate of registration or certificate of ownership that is returned in a manner described in subsections 1 and 2. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number as the dismantled, junked or inoperative vehicle if the vehicle was manufactured in the 5 years preceding the date on which it was dismantled, junked or otherwise rendered inoperative, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.
Sec. 6. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 30, inclusive, of this act.
Sec. 7. As used in sections 7 to 18, inclusive, of this act, salvage pool means a business which obtains motor vehicles from insurers for resale or for sale on consignment or as an agent for the insurer, if the vehicles are acquired by the insurer as the result of a settlement for insurance for the total loss of the vehicle.
Sec. 8. 1. No person may operate a salvage pool without first applying for and obtaining a license for that business from the department.
2. An application for a license must be made on a form provided by the department and accompanied by such proof as the department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.
Sec. 9. 1. No applicant may be granted a license to operate a salvage pool until he has procured and filed with the department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant conducts his business as an operator of a salvage pool without fraud or fraudulent representation, and without violation of the provisions of sections 7 to 18, inclusive, of this act. The department may, by agreement with any operator of a salvage pool who has been licensed by the department for 5 years or more, allow a reduction in the amount of his bond, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the operator of the salvage pool in violation of any of the provisions of sections 7 to 18, inclusive, of this act, may bring an action on the bond.
4. In lieu of a bond an operator of a salvage pool may deposit with the department, under the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
κ1987 Statutes of Nevada, Page 1595 (CHAPTER 663, AB 883)κ
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 may be released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 10. The department may approve or reject the application and, if approved, shall issue to the applicant a license containing the applicants name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
Sec. 11. Before issuing a license to an operator of a salvage pool, the department shall require that the applicant furnish proof that:
1. He will conduct his business from a permanent enclosed building which he owns or has leased;
2. The business will be located on at least one-half of an acre of ground; and
3. The site for the business will be surrounded by a screened fence at least 6 feet high.
κ1987 Statutes of Nevada, Page 1596 (CHAPTER 663, AB 883)κ
Sec. 12. 1. The department shall charge and collect a fee of $300 for a license to operate a salvage pool.
2. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops, which is hereby created as a special revenue fund. Money in the fund may be used only for the administration of NRS 487.050 to 487.200, inclusive, and sections 7 to 30, inclusive, of this act.
Sec. 13. Any licensed operator of a salvage pool who owns or controls any vehicle of a type required to be registered pursuant to the laws of this state may operate or move that vehicle upon the highways without subjecting the vehicle to registration if the operation or movement is for the sole purpose of moving the vehicle from its location to the established place of business of the licensee. The operator may obtain license plates from the department for the movement of such vehicles.
Sec. 14. Only a licensed automobile wrecker may bid to purchase a vehicle from an operator of a salvage pool, and such an operator may only sell a vehicle to a licensed automobile wrecker. Before a bid is accepted, the operator shall require the automobile wrecker to present the card issued by the department pursuant to NRS 487.070 to verify that he is a licensed automobile wrecker.
Sec. 15. 1. Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this state he must have in his possession the certificate of ownership or a bill of sale of salvage for that vehicle. He shall within 10 days after completion of the transaction forward the certificate of ownership or bill of sale of salvage to the department. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the operator forwards the certificates to the department, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.
2. Upon sale of the vehicle, the operator of the salvage pool shall issue a bill of sale of salvage to the purchaser on a form prescribed and supplied by the department. The department shall accept the bill of sale in lieu of the certificate of ownership or other evidence of title when accompanied by an appropriate application for a certificate of dismantling by the purchaser.
3. The department may issue to the purchaser of a vehicle pursuant to subsection 2, without charge, a certificate of dismantling which contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
Sec. 16. 1. The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license of an operator of a salvage pool upon determining that the operator:
(a) Is not lawfully entitled to the license;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
κ1987 Statutes of Nevada, Page 1597 (CHAPTER 663, AB 883)κ
(c) Made a material misstatement in any application;
(d) Willfully fails to comply with any provision of sections 7 to 18, inclusive, of this act;
(e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation regarding a vehicle;
(f) Fails to maintain any license or bond required by a political subdivision of this state;
(g) Has been convicted of a felony; or
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal to grant or renew or the suspension or revocation a license, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. If an application for a license as an operator of a salvage pool is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
5. The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of sections 7 to 18, inclusive, of this act.
6. For the purposes of this section, the failure to adhere to the directives of the department advising the licensee of his noncompliance with any provision of sections 7 to 18, inclusive, of this act, or regulations of the department, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.
Sec. 17. Every licensed operator of a salvage pool shall maintain a record of all vehicles he sells. The record must contain the name and address of the person from whom the vehicle was purchased or acquired and the date thereof, the name and address of the automobile wrecker to whom the vehicle was sold and the date of the sale, the registration number last assigned to the vehicle and a brief description of the vehicle, including, insofar as the information exists with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The record must be open to inspection during regular business hours by any peace officer or investigator of the department.
Sec. 18. Any person who violates any of the provisions of sections 7 to 17, inclusive, of this act, is guilty of a misdemeanor.
Sec. 19. As used in sections 20 to 27, inclusive, of this act, body shop means any place where the body of a motor vehicle is fixed, repaired or replaced for compensation.
Sec. 20. 1. No person may operate a body shop without first applying for and obtaining a license to do so from the department.
2. The department shall investigate any applicant for a license to operate a body shop and report the results of its investigation on a form provided by the department.
κ1987 Statutes of Nevada, Page 1598 (CHAPTER 663, AB 883)κ
Sec. 21. An operator of a body shop shall maintain an established place of business in this state which includes a permanent enclosed building owned in fee or leased by the operator with sufficient space to conduct safely the operations of the body shop.
Sec. 22. 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by:
(a) Such proof as the department may require to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
(b) A fee of $300. Fees collected by the department pursuant to this paragraph must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
2. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
Sec. 23. 1. No license may be issued to an operator of a body shop until he procures and files with the department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.035, 598.690 to 598.745, inclusive, and sections 20 to 27, inclusive, of this act. The department may, by agreement with any operator of a body shop who has been licensed by the department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of NRS 487.035, 598.690 to 598.745, inclusive, and sections 20 to 27, inclusive, of this act, may bring an action on the bond.
4. In lieu of a bond an operator of a body shop may deposit with the department, under the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department.
κ1987 Statutes of Nevada, Page 1599 (CHAPTER 663, AB 883)κ
department. Interest earned on the certificate accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 may be released upon receipt of:
(a) An order of a court requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 24. The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:
1. Failure of the applicant or licensee to have or maintain an established place of business in this state.
2. Conviction of the operator of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
3. Any material misstatement in the application for the license.
4. Willful failure of the applicant or operator to comply with the motor vehicle laws of this state, NRS 487.035 or 598.690 to 598.745, inclusive, or sections 20 to 27, inclusive, of this act.
5. Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.
Sec. 25. If the director finds that the action is necessary in the public interest, upon notice to the licensee, he may temporarily suspend or refuse to renew the license to operate a body shop for not more than 30 days. The department shall conduct a hearing and issue a final decision on the matter within 30 days after it sends notice to the licensee of the temporary suspension.
κ1987 Statutes of Nevada, Page 1600 (CHAPTER 663, AB 883)κ
department shall conduct a hearing and issue a final decision on the matter within 30 days after it sends notice to the licensee of the temporary suspension.
Sec. 26. In any hearing conducted by the department concerning the licensing of body shops, the director may issue subpenas for the attendance of witnesses and the production of evidence.
Sec. 27. 1. Any person licensed to operate a body shop shall inform the department of the location of each place at which he conducts his business and the name under which he does business at each location.
2. If a licensee does business at more than one location, he shall designate one location as his principal place of business.
3. If a licensee changes the name or location of any of his established places of business, he shall notify the department of the change within 10 days after the change.
4. Every licensee shall keep his books and records at his principal place of business and shall permit any authorized agent of the director to inspect them during usual business hours. The records must include the year, make, model and identification number of each motor vehicle which the body shop repairs, and the source of the parts purchased or otherwise acquired for the repair of each vehicle.
Sec. 28. Before issuing a license to an automobile wrecker, the department shall require the applicant to furnish proof that:
1. He will conduct his business from a permanent enclosed building which he owns or has leased;
2. The business will be located on at least one-half of an acre of ground; and
3. The site for the business will be surrounded by a screened fence at least 6 feet high.
Sec. 29. An automobile wrecker may only charge and collect those fees for towing an abandoned automobile as are prescribed by regulations of the department. An automobile wrecker shall not charge a fee to tow an abandoned vehicle if he does not obtain the consent of the owner of the property to tow the vehicle.
Sec. 30. The department may issue a license as an automobile wrecker to an applicant licensed in another state if the requirements for licensing and for the issuance of certificates of ownership in that state are at least as stringent as the requirements in this state. The applicant must file the bond or other security required by NRS 487.060 and pay the fee required by NRS 487.080, but is not required to maintain a place of business in this state which meets the requirements of section 28 of this act.
Sec. 31. NRS 487.050 is hereby amended to read as follows:
487.050 1. It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for [such] that operation from the department.
2. [Applications for such licenses shall] An application for a license must be made on [forms] a form provided by the department and accompanied by such proof as the department may require that [the] :
κ1987 Statutes of Nevada, Page 1601 (CHAPTER 663, AB 883)κ
(a) The applicant is a bona fide automobile wrecker [.] ; and
(b) Except as otherwise provided in section 30 of this act, he owns or leases a place of business which meets the requirements of section 28 of this act.
Sec. 32. NRS 487.060 is hereby amended to read as follows:
487.060 1. No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in [an amount of from $1,000 to $10,000, as determined by the department,] the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant [shall conduct] conducts his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.190, inclusive [.] , and sections 28 and 29 of this act. The department may, by agreement with any automobile wrecker who has been [in business] licensed by the department for 5 years or more, [allow a reduction in] reduce the amount of the bond of [such] the wrecker, if the business of [such] that wrecker has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than [$1,000.] $5,000.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.160, inclusive, and sections 28 and 29 of this act, may bring an action on the bond.
4. In lieu of a bond an automobile wrecker may deposit with the department, under the terms prescribed by the department:
(a) A like amount of [lawful money of the United States] money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on [such amount] the certificate accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 [of this section] may be released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person [or persons under] in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department.
κ1987 Statutes of Nevada, Page 1602 (CHAPTER 663, AB 883)κ
deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding [court] judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, [at the expiration of 3 years from] 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time [prior to the expiration of 3 years from] within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 33. NRS 487.070 is hereby amended to read as follows:
487.070 The department may approve or reject the application and, if approved, shall issue to the applicant [a] :
1. A license containing the applicants name, address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
2. A card which:
(a) Contains the information specified in subsection 1;
(b) Includes a picture of the licensee; and
(c) Clearly identifies the holder of the card as a licensed automobile wrecker.
A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
Sec. 34. NRS 487.080 is hereby amended to read as follows:
487.080 1. The fee for an automobile wreckers license [shall be $25] is $300 annually.
2. Fees collected [shall] must be deposited with the state treasurer to the credit of the [motor vehicle fund.] fund for regulation of salvage pools, automobile wreckers and body shops.
Sec. 35. NRS 487.090 is hereby amended to read as follows:
487.090 Any licensed automobile wrecker owning or controlling any vehicle of a type required to be registered under the laws of this state may operate or move such a vehicle upon the highways without subjecting the vehicle to registration if such operation or movement is for the sole purpose of moving the vehicle from its location to the established place of business of the licensee.
κ1987 Statutes of Nevada, Page 1603 (CHAPTER 663, AB 883)κ
vehicle to registration if such operation or movement is for the sole purpose of moving the vehicle from its location to the established place of business of the licensee. A licensed automobile wrecker may obtain license plates from the department for the movement of such vehicles.
Sec. 36. NRS 487.100 is hereby amended to read as follows:
487.100 1. Except as provided in subsection 2, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool, any vehicle subject to registration under the laws of this state shall forward to the department the certificates of ownership and registration last issued therefor.
2. The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the manufactured housing division.
3. The state agency may issue without charge to the licensee a certificate of dismantling, containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
Sec. 37. NRS 487.110 is hereby amended to read as follows:
487.110 1. Whenever a vehicle subject to registration is sold as salvage as a result of a total loss insurance settlement, the insurance company or its authorized agent shall, within 10 days [from] after settlement of the loss with its insured, forward the endorsed ownership certificate or other evidence of title to the state agency.
2. Upon sale of the salvage vehicle the insurance company shall issue a bill of sale of salvage to the purchaser on a form to be prescribed and supplied by the state agency. The state agency shall accept the bill of sale of salvage in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.
3. When the salvage vehicle is rebuilt and to be restored to operation, the vehicle may not be licensed for operation or the ownership thereof transferred until there is submitted to the state agency with the prescribed bill of sale of salvage an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the state agency attesting to its mechanical fitness and safety.
4. When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within 10 days [from] after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.
Sec. 38. NRS 487.120 is hereby amended to read as follows:
487.120 1. If the applicant for a certificate of dismantling is unable to furnish the certificates of ownership and registration last issued for the vehicle [,] or a bill of sale of salvage, the state agency may [receive] accept the application, examine [into] the circumstances of the case and [may] require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a certificate of dismantling, the state agency may issue the certificate.
κ1987 Statutes of Nevada, Page 1604 (CHAPTER 663, AB 883)κ
satisfied that the applicant is entitled to a certificate of dismantling, the state agency may issue the certificate.
2. No duplicate certificate of ownership or registration may be issued when a certificate of dismantling is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.
Sec. 39. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, investigator of the bureau of enforcement of the registration division of the department, designated employees of the manufactured housing division of the department of commerce, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from [any public property or, at] that property. At the request of the owner or person in possession or control of any private property [,] who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.
2. Any person who removes an abandoned vehicle pursuant to subsection 1 shall take the vehicle to the nearest garage or other place designated for storage by [the] :
(a) The state agency or political subdivision [for storage.] making the request, if the vehicle is removed from public property.
(b) The owner or person in possession of the property, if the vehicle is removed from private property.
Sec. 40. NRS 487.250 is hereby amended to read as follows:
487.250 1. The state agency or political subdivision shall, within 48 hours after the appraisal notify the head of the state agency of the removal of the vehicle. The notice must contain:
(a) A description of the vehicle.
(b) The appraised value of the vehicle.
(c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.
2. The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.
3. Failure to reclaim within 15 days after notification a vehicle appraised at [$200] $500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.
4. If all recorded interests in a vehicle appraised at [$200] $500 or less are waived, either as provided in subsection 3 of by written disclaimer by any person having an interest in the vehicle, the state agency shall issue a certificate of dismantling to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered , or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.
κ1987 Statutes of Nevada, Page 1605 (CHAPTER 663, AB 883)κ
certificate of dismantling to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered , or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.
Sec. 41. NRS 487.260 is hereby amended to read as follows:
487.260 If the vehicle is appraised at a value of more than [$200] $500 the state agency or political subdivision [which removed it] shall dispose of it as provided in NRS 487.270.
Sec. 42. NRS 487.270 is hereby amended to read as follows:
487.270 1. Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage [shall have] or the automobile wrecker who towed the vehicle has a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.
2. If the vehicle is appraised at a value of [$200] $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his lien by retaining the vehicle and obtaining a certificate of ownership thereto or a certificate of dismantling as provided in NRS 487.250.
3. If the vehicle is appraised at a value of more than [$200] $500 and is not reclaimed within 90 days, the owner of the garage or automobile wrecker may satisfy his lien, in accordance with the provisions of NRS 108.267 to 108.360, inclusive.
Sec. 43. NRS 487.290 is hereby amended to read as follows:
487.290 1. Unless he first obtains a license pursuant to NRS 487.050 [,] or section 8 of this act, a person shall not for any reason keep more than two unregistered vehicles on real property owned by him or under his possession or control if the vehicles are no longer intended for or in condition for lawful use on the highway.
2. The provisions of subsection 1 do not apply to:
(a) Premises used by a licensed dealer, manufacturer, distributor or rebuilder.
(b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.
(c) Premises used as a farm, ranch, mine or repair shop for motor vehicles.
(d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.
Sec. 44. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 706.446 to 706.451, inclusive, do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.
Sec. 45. NRS 487.140 is hereby repealed.
Sec. 46. This act becomes effective on January 1, 1988.
________
κ1987 Statutes of Nevada, Page 1606κ
Assembly Bill No. 512Committee on Ways and Means
CHAPTER 664
AN ACT relating to pensions for judicial service; increasing the amount of benefits for the surviving spouse of a justice of the supreme court or district judge; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provision of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of [$750] $1,150 per month.
2. If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive such benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of [$750] $1,150 per month.
2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive such benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
κ1987 Statutes of Nevada, Page 1607 (CHAPTER 664, AB 512)κ
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.
Sec. 3. Any surviving spouse of a former judge or justice who, on July 1, 1987, is receiving a benefit pursuant to NRS 2.070 or 3.095 is automatically entitled to receive the increased payments provided in this act beginning on that date.
Sec. 4. This act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 417Committee on Government Affairs
CHAPTER 665
AN ACT relating to public employment; adding certain subjects concerning teachers to the list of subjects of mandatory collective bargaining for local government employers; and providing other matters properly relating thereto.
[Approved June 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing. Except as otherwise provided in the charter of a city, where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, he is the proper person to negotiate, directly or through one or more representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative any matter beyond the scope of his authority.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
κ1987 Statutes of Nevada, Page 1608 (CHAPTER 665, AB 417)κ
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or work week.
(h) Total number of days work required of an employee in a work year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) The policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in work force.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of funds, subject to paragraph [(t)] (v) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation work load factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
κ1987 Statutes of Nevada, Page 1609 (CHAPTER 665, AB 417)κ
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
7. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 637Assemblymen Humke, Dini, Tebbs, Kerns, Lambert, Freeman, Sedway, Evans, Spinello, Swain, Arberry, Sader, Callister, Marvel, Gaston, Myrna Williams and Spriggs
CHAPTER 666
AN ACT relating to children; creating the advisory committee to study the laws relating to children; making an appropriation; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The advisory committee to study the laws relating to children, consisting of 12 voting members, is hereby created.
2. The committee consists of:
(a) Two members of the senate appointed by the majority floor leader of the senate;
(b) Two members of the assembly appointed by the speaker of the assembly;
(c) One member who is a representative of the department of human resources and involved in the formulation of the policies of the department, appointed by the governor;
(d) One member who is a justice of the supreme court, appointed by the chief justice of the supreme court;
(e) Two members who are district judges and serve as judges of the juvenile division of the district court, appointed by the chief justice of the supreme court;
κ1987 Statutes of Nevada, Page 1610 (CHAPTER 666, AB 637)κ
(f) One member who is a district attorney, appointed by the Nevada District Attorneys Association;
(g) One member who is a member of a board of county commissioners, appointed by the Nevada Association of Counties;
(h) One member who is a chief juvenile probation officer, appointed by the Nevada Association of Chief Juvenile Probation Officers; and
(i) One member who is the superintendent of public instruction or a person who is designated by him.
3. The legislators who are members of the committee are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each days attendance at a meeting of the committee.
4. The legislative commission shall appoint a member of the committee to serve as chairman.
Sec. 2. 1. The committee shall study the laws relating to children who are 18 years of age or younger. The study must include but is not limited to:
(a) An evaluation of the need to modernize the laws relating to those children; and
(b) An analysis of the feasibility of and recommendations for creating a childrens code to provide a coherent, comprehensive and integrated body of law relating to children, including the provisions of chapters 62, 432A and 432B of NRS.
2. The director of the legislative counsel bureau shall provide the committee with such staff as is necessary to carry out the duties of the committee.
3. The committee may accept and use any gift or grant of money or services to aid it in carrying out its duties.
Sec. 3. The committee to study the laws relating to children shall report the results of the study and any recommended legislation to the 65th session of the legislature.
Sec. 4. There is hereby appropriated from the state general fund to the advisory committee to study the laws relating to children the sum of $15,000 to carry out the duties of the committee.
Sec. 5. Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after August 31, 1988, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. 1. This act becomes effective upon passage and approval.
2. Sections 1 and 2 of this act expire by limitation on September 1, 1988.
________
κ1987 Statutes of Nevada, Page 1611κ
Assembly Bill No. 7Assemblymen Bergevin, Nevin, McGaughey, Craddock and Thompson
CHAPTER 667
AN ACT relating to the residential construction tax; providing the manner of imposition; restricting its use; revising the rate; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.4983 is hereby amended to read as follows:
278.4983 1. The city council of any city or the board of county commissioners of any county which has adopted a master plan [,] and recreation plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for neighborhood parks [and playgrounds] may , by ordinance, impose a residential construction tax pursuant to this section.
2. The residential construction tax is imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties. The rate of the tax must not exceed [:
(a) In any county having a population of 250,000, or more, 1 percent of the valuation shown on the building permit for single-family residences.
(b) In any county having a population of less than 250,000, 2 percent of the valuation shown on the building permit for single-family residences.] 1 percent of the valuation of each building permit issued, or $1,000 per residential dwelling unit or mobile home lot, whichever is less. For the purpose of the residential construction tax, the city council of the city or the board of county commissioners of the county shall adopt an ordinance basing the valuation of building permits on the actual costs of residential construction in the area.
3. The purpose of the tax is to raise revenue to enable the cities and counties to provide neighborhood parks and [playgrounds] facilities for parks which are required by the residents of those apartment houses, mobile homes and residences.
4. [The city councils and the boards of county commissioners may, in their respective cities and counties, enact ordinances establishing] An ordinance enacted pursuant to subsection 1 must establish the procedures for collecting the tax, [setting] set its rate, and [determining] determine the purposes for which the tax is to be used, subject to the restrictions and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, also include : [the following:]
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts [or service areas] which would serve neighborhoods [or communities of interest] within the city or county.
(b) A provision for collecting the tax at the time a building permit for the construction of any apartment houses, residential dwelling units or mobile home lots is issued.
κ1987 Statutes of Nevada, Page 1612 (CHAPTER 667, AB 7)κ
construction of any apartment houses, residential dwelling units or mobile home lots is issued.
5. All of the residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. Except as otherwise provided in subsection 6, the fund may only be used for the acquisition, improvement and expansion of [public park, playground and recreational facilities] neighborhood parks or the installation of facilities in existing or neighborhood parks in the city or county. Money in the fund must be expended, [insofar as it is practicable and feasible to do so,] for the benefit of the [immediate area from which they were] neighborhood from which it was collected.
6. If a neighborhood park [or playground] has not been developed or facilities have not been installed in an existing park in the park district [or service area] created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.
7. For the purposes of this section:
(a) Facilities means turf, trees, irrigation, playground apparatus, playing fields, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the natural persons, families and small groups from the neighborhood from which the tax was collected.
(b) Neighborhood park means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of natural persons, families and small groups.
________
κ1987 Statutes of Nevada, Page 1613κ
Assembly Bill No. 46Assemblymen Thompson, Jeffrey, Banner, Fay, Kissam, Triggs, Callister, Porter, Wendell Williams and Garner
CHAPTER 668
AN ACT making an appropriation to the commission on economic development for the continued construction of the Moapa Valley fairground; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the commission on economic development the sum of $100,000.
2. The commission shall grant the money appropriated by subsection 1 to the Clark County fair and recreation board for the continued construction of the Moapa Valley fairground.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 788Committee on Ways and Means
CHAPTER 669
AN ACT relating to the reserve for statutory contingency fund; revising the provisions regarding reimbursement of counties for ballot cards; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 53, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 6. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
κ1987 Statutes of Nevada, Page 1614 (CHAPTER 669, AB 788)κ
(2) NRS 7.155, 34.750, 176.223, 177.345, 178.465, 179.225 [and 213.153,] , 213.153 and 293B.210,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the trust fund for insurance premiums is insufficient to pay the claims.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 684Assemblymen Callister, Tebbs, Brookman, Price, May, Sedway, Thompson, Kissam, Myrna Williams, Spinello, Wisdom, Porter, Nevin, Jeffrey, Bergevin, Fay, Arberry, Haller, Nicholas, Sader, Humke, Evans, DuBois, Spriggs, Adler, Swain, Freeman, Schofield, Getto, Lambert, Triggs, Wendell Williams and Garner
CHAPTER 670
AN ACT relating to education; declaring the intent of the legislature concerning the size of classes in the lower grades; requiring certain school districts to submit plans to achieve the desired size of classes; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislature hereby declares that in order to ensure that each Nevada child is afforded an adequate educational opportunity it is necessary to reduce the size of each class from kindergarten through third grade to a maximum ratio of one teacher for every 22 pupils in a classroom. The legislature recognizes that such a goal is unachievable without substantial continuing increases in state financial aid for public education.
2. Each school district which contains any school in which the ratio of teachers to pupils exceeds 1:22 shall:
(a) Develop a plan to achieve the desired ratio.
(b) Evaluate programs and existing priorities to determine whether any existing revenue may be used to achieve the desired ratio.
(c) On or before November 1, 1988, prepare and submit a report to the department of education of a plan to achieve the desired ratio before the beginning of the school year in the year 2000.
3. The department of education shall compile the reports submitted by the respective school districts and any additional information necessary to determine the extent to which legislative appropriations will be necessary to achieve the desired ratio. The department shall, on or before January 15, 1989, submit to the director of the legislative counsel bureau a report of its findings and any related recommendations to achieve the stated goal.
κ1987 Statutes of Nevada, Page 1615 (CHAPTER 670, AB 684)κ
findings and any related recommendations to achieve the stated goal. The director shall transmit the report to the 65th session of the Nevada legislature.
________
Senate Bill No. 333Committee on Commerce and Labor
CHAPTER 671
AN ACT relating to barbers; authorizing the imposition of administrative fines by the state barbers health and sanitation board; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The following are grounds for disciplinary action by the board:
(a) Violation by any person holding a certificate or license issued pursuant to this chapter of any provision of this chapter or the regulations adopted by the board.
(b) Conviction of a felony.
(c) Malpractice or incompetency.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Advertising, practicing or attempting to practice under anothers name or trade name.
(f) Drunkenness or addiction to a controlled substance as defined by chapter 453 of NRS.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a certificate or license;
(b) Revoke or suspend a certificate or license; or
(c) Impose a fine of not more than $1,000.
Sec. 2. NRS 643.060 is hereby amended to read as follows:
643.060 1. [All moneys] Except as otherwise provided in subsection 3, money received by the board under this chapter [shall] must be paid to the secretary-treasurer of the board, who shall deposit [the moneys] it in banks or savings and loan associations in the State of Nevada and give a receipt for [the same.
2. Such funds shall] it.
2. The money must be expended in accordance with the provisions of this chapter for all necessary and proper expenses in carrying out the provisions of this chapter and upon proper claims approved by the board.
κ1987 Statutes of Nevada, Page 1616 (CHAPTER 671, SB 333)κ
3. The board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund, and may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay an attorneys fees or the costs of an investigation, or both.
Sec. 3. NRS 643.170 is hereby amended to read as follows:
643.170 1. The board shall not suspend or revoke any certificate of registration of any person, or refuse to issue or renew any certificate of registration, [for any of the causes referred to in NRS 643.160] unless:
(a) Before taking that action the board gives written notice thereof to the accused stating the specific reason for its adverse action; and
(b) The accused is granted the opportunity to appear before the board for a hearing within 20 days [from] after the date of the notice.
2. The board may:
(a) Summon witnesses.
(b) Require the production of books, records and papers for the purpose of the hearing.
3. Subpenas must be issued by the secretary-treasurer of the board directed to the sheriff of the proper county to be served and returned in the same manner as subpenas in criminal cases. The fees and mileage of the sheriff and witnesses must be the same as is allowed in criminal cases and must be paid from the money of the board as other expenses of the board are paid.
4. If the accused prevails at the hearing, the board shall grant him the proper relief without delay.
5. Any investigation, inquiry or hearing thus authorized may be entertained or held by or before a member or members of the board, and the finding or order of the member or members, when approved and confirmed by the board, shall be deemed the finding or order of the board.
Sec. 4. NRS 643.160 and 643.178 are hereby repealed.
________
κ1987 Statutes of Nevada, Page 1617κ
Assembly Bill No. 833Assemblymen Jeffrey, Sedway, May, Price, Fay, Tebbs, Wisdom, Brookman, Callister, Myrna Williams, Porter, Spinello, Nevin, Banner, Gaston, Thompson, DuBois, Kissam, McGaughey, Nicholas, Wendell Williams, Garner, Spriggs, Arberry, Swain and Schofield
CHAPTER 672
AN ACT relating to elections; authorizing a county clerk to register, outside the boundaries of the county, a voter who resides within the county; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
A county clerk or deputy registrar may register, outside the boundaries of the county, any voter who is a resident of that county.
Sec. 2. 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 shall appoint at least one registered voter to serve as a deputy registrar [,] who , except as provided in section 1 of this act, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. A deputy registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A 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. Each deputy registrar 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.
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. A deputy registrar shall not:
κ1987 Statutes of Nevada, Page 1618 (CHAPTER 672, AB 833)κ
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that persons political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a deputy registrar unless he has been so appointed.
10. A county clerk or deputy registrar shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any material concerning a candidate or question which will be on the ballot for the ensuring election,
while he is registering an elector.
11. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 3. Section 2 of this act becomes effective at 12:03 a.m. on July 1, 1987.
________
Assembly Bill No. 821Assemblyman Callister
CHAPTER 673
AN ACT making an appropriation from the reserve fund for the supplemental city-county relief tax for sewer facilities for Blue Diamond area in Clark County; and providing other matters properly relating thereto.
[Approved June 19, 1987]
Whereas, The residents of the area known as Blue Diamond have depended for many years on a now bankrupt sewer system; and
Whereas, The Public Service Commission of Nevada and the Division of Environmental Protection of the State Department of Conservation and Natural Resources have determined that significant repairs are necessary for the continued operation of the sewer system and those repairs will require a major investment of money; and
Whereas, Future responsibility concerning the operation of the sewer system is presently unclear; and
Whereas, The residents of the Blue Diamond area may soon be left without adequate sewage disposal facilities; and
Whereas, Clark County is facing an imminent and uncontrollable condition which will substantially impair its financial capacity to provide the basic services for which it was created, in that the residents of the Blue Diamond area could shortly be without sewage disposal facilities; and
Whereas, NRS 354.5988 authorizes special distributions to be made from the reserve fund for the supplemental city-county relief tax if unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created; and
κ1987 Statutes of Nevada, Page 1619 (CHAPTER 673, AB 821)κ
financial capacity of a local government to provide the basic services for which it was created; and
Whereas, The Clark County Sanitation District and the Las Vegas Valley Water District have reported that the estimated cost to acquire or rehabilitate, or both, the Blue Diamond areas sewer facilities is approximately $150,000; and
Whereas, The continuing litigation and bankruptcy proceedings make it unclear at present as to the availability of other resources to address this threat to the health, welfare and safety of the public; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Clark County the sum of $150,000 to pay a portion of the costs of acquiring or rehabilitating, or both, the sewage disposal facilities serving the Blue Diamond area.
Sec. 2. Clark County shall deposit the money appropriated pursuant to section 1 of this act in a trust account and report to the interim finance committee any expenditure of the money.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after January 1, 1989, and reverts to the reserve fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 741Committee on Judiciary
CHAPTER 674
AN ACT relating to cooperative agreements; authorizing cooperative borrowing by local governments; specifying the procedure for borrowing and repayment; and providing other matters properly relating thereto.
[Approved June 19, 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 the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 3 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Borrowing local government means a local government authorized to borrow money and become obligated to repay it which:
κ1987 Statutes of Nevada, Page 1620 (CHAPTER 674, AB 741)κ
1. Borrows money from an issuer; or
2. Leases or enters into an arrangement for an installment purchase with a facility financed by an issuer.
Sec. 4. Facility means any governmental improvement or operation financed for a borrowing local government, including:
1. Land and interests therein;
2. Buildings;
3. Other structures;
4. Equipment;
5. Water systems;
6. Sewer systems;
7. Drainage and flood control systems;
8. Motor vehicles;
9. Police, ambulance and fire equipment;
10. Hospitals;
11. Jails;
12. Schools;
13. Libraries;
14. Highways, streets and sidewalks;
15. Airports;
16. Any other purpose for which a local government is authorized to borrow money; and
17. Furnishings, appurtenances and other items financed in connection with subsections 1 to 16, inclusive.
Sec. 5. Finance includes refinancing or refunding obligations previously issued by an issuer or a borrowing local government for a facility.
Sec. 6. Issuer means:
1. A local government or separate administrative or legal entity designated in a cooperative agreement to issue revenue securities; or
2. A borrowing local government.
Sec. 7. Local government has the meaning ascribed to it in NRS 354.474.
Sec. 8. Revenue securities means negotiable revenue bonds or notes payable from the sources designated in section 10 of this act.
Sec. 9. Two or more local governments may enter into cooperative agreements for borrowing money to finance a facility. The agreement must designate the issuer. If the agreement creates a separate legal or administrative entity to administer the borrowing or the proceeds it must specify the composition and powers of the governing body of that entity.
Sec. 10. The issuer on behalf of the borrowing local government may issue revenue securities in order to finance a facility. The revenue securities and the interest must be repaid solely from:
1. The proceeds of the revenue securities and interest earned;
2. Revenues of any facility financed with the revenue securities;
3. Repayments of loans to borrowing local governments made with the proceeds of the revenue securities;
κ1987 Statutes of Nevada, Page 1621 (CHAPTER 674, AB 741)κ
4. Rentals or payments for installment purchases made with respect to facilities financed with revenue securities; and
5. The proceeds of the sale of any facility financed with the proceeds of the revenue securities or any part of it.
Repayment may be additionally secured by a mortgage, security interest or other encumbrance on a facility financed with the revenue securities.
Sec. 11. A borrowing local government may not borrow money from an issuer or become obligated on a lease or agreement for an installment purchase for a facility financed by revenue securities unless the borrowing local government:
1. Has the authority to borrow money or enter into a lease or agreement for an installment purchase for the facility being financed with the revenue securities; and
2. Has followed the procedure required by law to borrow money or enter into a lease or an agreement for an installment purchase.
Sec. 12. The provisions of the Local Government Securities Law apply to revenue securities issued pursuant to section 10 of this act to the extent that they are consistent with the provisions of sections 2 to 11, inclusive, of this act.
________
Senate Bill No. 591Committee on Finance
CHAPTER 675
AN ACT relating to the department of museums and history; requiring the establishment of fees for admission to the institutions of the department; increasing the maximum fee that may be charged for admission to the Nevada state museum; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 381.006 is hereby amended to read as follows:
381.006 The administrator:
1. Is responsible to the governor for the general administration of the department and for the submission of its budgets, which must include the combined budgets of its institutions.
2. Shall supervise the directors of its institutions in matters pertaining to the general administration of the institutions.
3. Shall coordinate the submission of requests by its institutions for assistance from governmental sources.
4. Shall oversee the public relations of its institutions.
5. Shall superintend the planning and development of any new facilities for the department or its institutions.
κ1987 Statutes of Nevada, Page 1622 (CHAPTER 675, SB 591)κ
6. Shall assist the efforts of its institutions in improving their services to the rural counties.
7. Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.
8. Shall, except as otherwise provided in NRS 381.160 and 381.435, adopt regulations establishing fees for admission to the institutions of the department.
Sec. 2. NRS 381.160 is hereby amended to read as follows:
381.160 The director [may:
1. Govern,] :
1. May govern, manage and control the exhibit and display of all property and things of the Nevada state museum at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. [Negotiate] May negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
3. [Adopt regulations respecting the charging of any admission price or fee] Shall adopt regulations establishing fees for admission to see those displays or exhibits, either at the Nevada state museum or elsewhere, but he may not adopt any regulation permitting the charging of [an admission fee or price:] a fee:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges or charges for permanent employees.
(b) Of more than [50 cents] $2 for each person who is 18 years of age or older to see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada. Children under the age of 18 years must be admitted free of charge.
Sec. 3. NRS 381.435 is hereby amended to read as follows:
381.435 The director [may:
1. Govern,] :
1. May govern, manage and control the exhibit and display of all property and things of the Nevada museum and historical society at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. [Negotiate] May negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada museum and historical society and respecting the terms and cost, the manner, time, place and extent and the return thereof.
3. [Adopt regulations respecting the charging of any admission price or fee] Shall adopt regulations establishing fees for admission to see those displays or exhibits, either at the Nevada museum and historical society or elsewhere, but he may not adopt any regulation permitting the charging of [an admission fee or price:] a fee:
κ1987 Statutes of Nevada, Page 1623 (CHAPTER 675, SB 591)κ
elsewhere, but he may not adopt any regulation permitting the charging of [an admission fee or price:] a fee:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges or charges for permanent employees.
(b) To see the permanent exhibits or displays at the Nevada museum and historical society in Las Vegas, Nevada.
________
Senate Bill No. 331Senator Rhoads
CHAPTER 676
AN ACT making an appropriation to the Commission on Economic Development for the completion of the water system at the Battle Mountain Airport and Aviation Center; requiring the appropriation to be repaid within 5 years; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Commission on Economic Development the sum of $145,000 for the completion of the water system at the Battle Mountain Airport and Aviation Center.
Sec. 2. The sum appropriated by section 1 of this act must be repaid to the state general fund at a rate of $29,000 each year for 5 years. The Commission on Economic Development shall execute such documents as may be required to carry out the provisions of this act.
Sec. 3. 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.
________
κ1987 Statutes of Nevada, Page 1624κ
Senate Bill No. 360Committee on Judiciary
CHAPTER 677
AN ACT relating to crimes against the person; prohibiting the administration of a controlled substance, anesthetic, or intoxicating or emetic agent to aid the commission of a felony; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
Any person who administers to another any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating or emetic agent, with the intent hereby to enable or assist himself or any other person to commit a felony, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 15 years.
________
Senate Bill No. 587Committee on Finance
CHAPTER 678
AN ACT relating to projects of capital improvements; making appropriations from the state general fund and the state highway fund; authorizing certain expenditures by the state public works board; providing schedules of repayment for certain state agencies; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state public works board, the sum of $19,557,894 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1987-1988 and 1988-1989 or otherwise described as follows:
1. Installation for fire protection in the buildings of the University of Nevada System and other state buildings, Priority III Retrofit Project 87-1.......... $1,289,374
2. Removal or encapsulation of asbestos insulation in high priority buildings where hazard exits, and an analysis of asbestos problems in all other state buildings, Project 87-2.......................................................................................... $2,067,674 3.
κ1987 Statutes of Nevada, Page 1625 (CHAPTER 678, SB 587)κ
3. Capital improvements for the department of prisons, Projects 87-6, 87-7, 87-13, 87-16, 87-17(B), 87-21, 87-22, 87-42 and a 150-bed honor camp........ $11,842,640
4. Capital improvements for the attorney general, Project 87-3............ $309,818
5. Capital improvements for the department of general services, Projects 87-5, 87-12, and 87-28............................................................................................. $796,203
6. Capital improvements for the governors mansion, Project 87-8..... $120,273
7. A master plan showing existing facilities and proposing direction for future growth of the capitol complex, Project 87-10............................................... $65,000
8. Capital improvements for the department of human resources, Projects 87-19, 87-20, 87-23, 87-34(B), and 87-41........................................................... $1,068,841
9. Capital improvements for the department of museums and history, Projects 87-15(B & C), 87-17(A) and 87-39................................................................... $71,990
10. Capital improvements of the University of Nevada System, Projects 87-24, 87-25, 87-34(A), 87-35 and 87-38.................................................................. $1,819,000
11. Capital improvements for the department of military, Projects 87-33(A) and 87-46 $107,081
Sec. 2. With the approval of the interim finance committee, the state public works board may transfer money from one project to another within the same agency or within the University of Nevada System.
Sec. 3. The state public works board is authorized to accept and use grants of money and the money of agencies in the following amounts to support the construction of the following projects:
1. Installation for fire protection in buildings of the University of Nevada System and other state buildings, Priority III Retrofit, Project 87-1................. $566,853
2. Removal or encapsulation of asbestos insulation in high priority buildings where hazard exists and an analysis of asbestos problems in all other state buildings, Project 87-2.......................................................................................... $1,970,420
3. Capital improvements for the University of Nevada System, Projects 87-24, 87-25, 87-34(A), 87-35, 87-38........................................................................ $2,540,000
Sec. 4. The following amounts may be transferred from the special capital construction fund for higher education after September 1, 1987 and September 1, 1988, respectively for the capital improvement projects authorized in subsection 3 of section 3 of this act except any amount that is needed to pay the principal and interest on bonds:
For the fiscal year beginning July 1, 1987.......................................... $1,700,000
For the fiscal year beginning July 1, 1988.......................................... $840,000
Sec. 5. There is hereby appropriated from the state highway fund to the state public works board the sum of $4,437 for Project 87-2.
κ1987 Statutes of Nevada, Page 1626 (CHAPTER 678, SB 587)κ
Sec. 6. There is hereby appropriated from the state general fund to the department of museums and history, the sum of $5,000 for Project 87-37.
Sec. 7. The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.
Sec. 8. Commencing July 1, 1988, the motor pool division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of constructing the new facility for the motor pool in Reno, Nevada (Project 87-28). Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 9. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the state public works board to expedite the completion.
Sec. 10. This act becomes effective upon passage and approval.
________
Senate Bill No. 513Senator Jacobsen
CHAPTER 679
AN ACT relating to Douglas County; authorizing an increase in the limit on revenue that the county may receive from taxes ad valorem to allow for the operation of a jail; excluding the increase from the calculation of the distribution of the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved June 19, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The following amounts are approved by the legislature to be added to the amount of revenue from taxes ad valorem otherwise allowable to Douglas County pursuant to NRS 354.58905, 354.59811 and 354.59816, for the cost of the operation of the Douglas County jail:
For the fiscal year 1987-88........................................................ $189,000
For each fiscal year after fiscal year 1988-89.......................... 189,000
2. The amounts received from increases in taxes ad valorem that are authorized by subsection 1 must not be included in the determination of maximum allowable combined revenue for the purpose of distribution of the supplemental city-county relief tax.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1627κ
Senate Bill No. 519Committee on Commerce and Labor
CHAPTER 680
AN ACT relating to financial institutions; allowing a savings and loan association to use the words savings bank or bank in its name under certain circumstances; and providing other matters properly relating thereto.
[Approved June 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 659.125 is hereby amended to read as follows:
659.125 1. A corporation must not be chartered under the laws of this state with the words bank or banking as part of its name except corporations subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS, or corporations under the regulation of the commissioner of insurance. A corporate name must not be amended to include the words bank or banking unless the corporation is under such regulation.
2. [No] Except as otherwise provided in subsection 3, no natural person, association, firm or corporation domiciled within this state, except a national bank or a banking corporation subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS , or under the regulation of the commissioner of insurance, may advertise or put forth any sign as bank, banking or banker or use the word bank, banking or banker as part of its name and title.
3. A savings and loan association subject to the provisions of chapter 673 of NRS may use the words savings bank or bank as part of its name and title if the use of those words is permitted by the Federal Home Loan Bank Board.
4. Any person who violates any of the provisions of this section shall be fined not more than $500 for each offense.
________
Assembly Bill No. 615Assemblyman Freeman
CHAPTER 681
AN ACT relating to health care; increasing the monetary threshold for determining whether certain projects are subject to review by the director of the department of human resources; amending and clarifying various provisions of Assembly Bill No. 289 of this session; and providing other matters properly relating thereto.
[Approved June 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. Except as provided in NRS 439A.103, no person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director.
κ1987 Statutes of Nevada, Page 1628 (CHAPTER 681, AB 615)κ
and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.
2. The projects for which this approval is required are:
(a) Except as otherwise provided in subsection 3, any proposed expenditure by or on behalf of a [hospital in excess of the greater of $1,500,000 or such an amount as the department may specify by regulation, or by or on behalf of any other] health facility in excess of the greater of [$1,000,000] $2,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
(b) A proposal which increases the number of licensed or approved beds in a health facility other than a hospital above the total of the number of licensed beds and the number of additional beds which have been approved pursuant to this subsection;
(c) A proposal which increases the number of licensed and approved beds in a hospital through the addition of 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;
(d) Except as otherwise provided in subsection 4, the proposed acquisition [by or on behalf of a hospital] of any new or used medical equipment which has a market value of more than [$1,500,000] $2,000,000 or such an amount as the department may specify by regulation, whichever is greater ; [, or the proposed acquisition by any other person of any new or used medical equipment which has a market value of more than $1,000,000 or such an amount as the department may specify by regulation, whichever is greater;]
(e) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds; [and]
(f) The construction of a new health facility; and
(g) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph (a) or (d).
3. The provisions of paragraph (a) of subsection 2 do not include any capital expenditure for:
(a) The acquisition of land;
(b) The construction of a facility for parking;
(c) The maintenance of a health facility;
(d) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
(e) The installation of a system to conserve energy;
(f) The installation of a system for data processing or communication; or
κ1987 Statutes of Nevada, Page 1629 (CHAPTER 681, AB 615)κ
(g) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service.
4. The provisions of paragraph (d) of subsection 2 do not include acquisitions of medical equipment proposed primarily to replace existing equipment. The person acquiring the replacement equipment, within a period specified by regulation of the department, shall notify it of his intention to acquire the equipment. The department shall by regulation develop standards to determine whether the primary purpose of a proposed acquisition is to replace existing equipment.
5. In reviewing an application for approval, the director shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area; and
(b) Base his decision on criteria established by the director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The extent to which the project is consistent with the state health plan;
(3) The financial feasibility of the project;
(4) The effect of the project on the cost of health care; and
(5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
6. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.
7. The decision of the director is a final decision for the purposes of judicial review.
Sec. 2. Section 19 of Assembly Bill No. 289 of this session is hereby amended to read as follows:
Sec. 19. 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The [research] director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the powers conferred on the committee.
2. Except during a regular or special session of the legislature, members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance and travel expenses provided for state officers and employees generally.
κ1987 Statutes of Nevada, Page 1630 (CHAPTER 681, AB 615)κ
3. The salaries and expenses of the committee must be paid from the legislative fund.
Sec. 3. Section 21 of Assembly Bill No. 289 of this session is hereby amended to read as follows:
Sec. 21. 1. In conducting the investigations and hearings of the committee:
(a) The secretary of the committee, or in his absence any member of the committee, may administer oaths.
(b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside of the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.
(c) The [secretary or] chairman of the committee may issue subpenas to compel the attendance of witnesses and the production of books and papers.
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the [secretary or] chairman of the committee may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed by the committee pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the committee which is named in the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.
3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.
Sec. 4. Section 29 of Assembly Bill No. 289 of this session is hereby amended to read as follows:
Sec. 29. 1. Before September 30 of each year, each county in which hospitals subject to the provisions of sections 25 to 29, inclusive, of this act, are located shall provide to the division a report showing:
κ1987 Statutes of Nevada, Page 1631 (CHAPTER 681, AB 615)κ
(a) The total number of indigent inpatients treated by each such hospital;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of section 27 of this act;
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The administrator shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:
(a) Multiplying the number of indigent inpatients who receive each type of treatment by the highest amount paid by the county for that treatment; and
(b) Adding the products of the calculations made pursuant to paragraph (a) for all treatment provided.
If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients.
3. If the administrator determines that a hospital which did not receive any payment from the county for treatment of indigent inpatients has met its obligation to provide such treatment , [to indigent inpatients but has not been compensated by the county for such treatment,] he shall notify the county of [the amount of] all treatment provided [in excess of the hospitals obligation.] by the hospital after it met its obligation and the dates on which the treatment was provided. The county shall pay the hospital for such treatment within 30 days after receipt of the notice [.] to the extent that money was available for payment pursuant to NRS 428.050 and 428.285 and section 42 of this act at the time the treatment was provided.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. Payment is due 30 days after receipt of the notice. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals.
κ1987 Statutes of Nevada, Page 1632 (CHAPTER 681, AB 615)κ
paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 428.050, 428.285, 354.59805, 354.59811 and 354.59816, and section 42 of this act, and must be excluded in determining the maximum rate of tax authorized by those sections.
Sec. 5. Section 51 of Assembly Bill No. 289 of this session is hereby amended to read as follows:
Sec. 51. NRS 428.030 is hereby amended to read as follows:
428.030 1. When any poor person meets the uniform standards of eligibility established by the board of county commissioners or by section 26 of this act, if applicable, and does not have relatives of sufficient ability to care for and maintain him, or when such relatives refuse or neglect to care for and maintain him, then he [must] is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050 [, 428.265, 428.275 or 428.285,] and 428.285, and section 42 of this act, for this purpose.
2. The board of county commissioners shall pay hospitals for the costs of treating indigent inpatients who reside in the county an amount which is not less than 85 percent of the payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of this act, for this purpose.
3. The board of county commissioners may:
(a) Make contracts for the necessary maintenance of poor persons;
(b) Appoint such agents as the board [may deem] deems necessary to oversee and provide the necessary maintenance of poor persons;
(c) Authorize the payment of cash grants [direct] directly to poor persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c) . [of this subsection.]
Sec. 6. Assembly Bill No. 289 of this session is hereby amended by adding thereto a new section designated section 51.5, following section 51, to read as follows:
Sec. 51.5. NRS 428.050 is hereby amended to read as follows:
428.050 1. In addition to the tax levied pursuant to NRS 428.285 [,] and any tax levied pursuant to section 42 of this act, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax for the purposes of providing aid and relief to those persons coming within the purview of this chapter. This levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation.
κ1987 Statutes of Nevada, Page 1633 (CHAPTER 681, AB 615)κ
of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation.
2. No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 , [and] NRS 428.285 [,] and section 42 of this act, together with such outside resources as it may receive from third persons, including expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.
3. No interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners [for the purpose of providing] to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1 and 2 [and NRS 428.265, 428.275 and 428.285.] , NRS 428.285 and section 42 of this act.
Sec. 7. Section 55 of Assembly Bill No. 289 of this session is hereby amended to read as follows:
Sec. 55. 1. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 17 percent shall:
(a) For the fiscal year 1987-1988, reduce its billed charges for inpatients by at least 25 percent below its billed charges in effect on March 31, 1987 and reduce its net revenue per inpatient admission by an average of 15 percent below its net revenue per inpatient admission in the fiscal year 1986-1987; and
(b) Except as otherwise provided in subsections 5 and 8, for the fiscal year 1988-1989, maintain its billed charges for inpatients and net revenue per inpatient admission at a level which is not higher than that required for the fiscal year 1987-1988.
2. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 12 percent but did not exceed 17 percent shall:
(a) For the fiscal year 1987-1988, reduce its billed charges for inpatients by at least 12 percent below its billed charges in effect on March 31, 1987 and reduce its net revenue per inpatient admission by an average of 7.5 percent below its net revenue per inpatient admission in the fiscal year 1986-1987; and
(b) Except as otherwise provided in subsections 5 and 8, for the fiscal year 1988-1989, maintain its billed charges for inpatients and net revenue per inpatient admission at a level which is not higher than that required for the fiscal year 1987-1988.
3. Each nonprofit hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 7 percent but did not exceed 12 percent shall reduce its billed charges by an amount which is sufficient to result in a percentage of income to operating expenses of not more than 7 percent for the fiscal years 1987-1988, 1988-1989, 1989-1990 and 1990-1991.
κ1987 Statutes of Nevada, Page 1634 (CHAPTER 681, AB 615)κ
4. A hospital which:
(a) Is not subject to the requirements of subsection 1, 2 or 3 in the fiscal year 1987-1988; and
(b) Exceeds in the calendar year 1987 one of the respective percentages of income to operating expenses specified in those subsections,
shall in the fiscal year 1988-1989 comply with the requirements of the applicable subsection for the fiscal year 1987-1988.
5. A hospital which is subject to the requirements of subsection 1 or 2 in the fiscal year 1987-1988 may increase its billed charges and its net revenue per inpatient admission in the fiscal year 1988-1989 to the extent authorized by this subsection. A hospital may increase its net revenue in the fiscal year 1988-1989 to the extent that the following costs increase in the fiscal year 1987-1988 over the corresponding amounts for the fiscal year 1986-1987:
(a) Salaries of employees of the hospital, excluding administrative employees;
(b) Malpractice insurance;
(c) Fees for licensing;
(d) Utilities; and
(e) Any other increases in costs which the director determines were beyond the control of the hospital.
A hospital must apply to the director for an increase pursuant to this subsection on or before September 30, 1988, by submitting information verifying increases specifically allowed or proposed for consideration pursuant to this subsection. The director shall, on or before November 15, 1988, determine the amount by which the hospital will be allowed to increase its net revenue in the fiscal year 1988-1989. The decision of the director is a final decision for the purposes of judicial review.
6. The hospital may increase its net revenue per inpatient admission in the fiscal year 1988-1989 by an amount which will result in the increase in net revenue authorized pursuant to this subsection. The hospital may increase its billed charges in the fiscal year 1988-1989 by 1 percent for each percent that it is authorized to increase its net revenue per inpatient admission. Except as otherwise provided in subsection 8, each hospital which is required to comply with the requirements of subsection 1, 2 or 4 shall not increase its billed charges for inpatients in the fiscal year 1989-1990 or in the fiscal year 1990-1991 by more than 4 percent above the percentage increase in the Consumer Price Index (Medical Care Component for all Urban Consumers), published by the Bureau of Labor Statistics of the Department of Labor, in the preceding calendar year.
7. A hospital which fails to reduce its billed charges or net revenue per inpatient admission or to maintain its billed charges or net revenue at the levels required by subsections 1, 2, 4, 5 and 6, shall, except as otherwise provided in subsection 8, pay a penalty of twice the amount of the difference between its total billed charges and its total authorized billed charges or twice the amount of the difference between its total net revenue and its total authorized net revenue, whichever is greater.
κ1987 Statutes of Nevada, Page 1635 (CHAPTER 681, AB 615)κ
of the difference between its total billed charges and its total authorized billed charges or twice the amount of the difference between its total net revenue and its total authorized net revenue, whichever is greater. A hospital which fails to reduce its percentage of income to operating expenses to the levels required by subsection 3 shall pay a penalty of twice the amount of the difference between its total income and its total authorized income. The director shall determine the amount of the penalty which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The director shall include in the penalty any amounts by which the hospital failed to meet its obligation in a preceding year which were not discovered at the time of the failure. Payment is due within 30 days after receipt of the notice. If a hospital fails to pay the penalty when it is due the hospital shall pay, in addition to the penalty:
(a) Interest at a rate of 1 percent per month for each month after the penalty is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the penalty and interest from the hospital.
8. The legislature has determined that the requirements of subsection 1 would result in the following reductions in net revenue if the amount of care provided in the fiscal year 1987-1988 were the same as was provided in the calendar year 1986:
Humana Hospital Sunrise........................................................ $9,878,425
Valley Hospital Medical Center.............................................. 5,103,931
Desert Springs Hospital........................................................... 3,494,151
If the difference between a hospitals net revenue for the fiscal year 1987-1988 or 1988-1989 and the amount its net revenue would have been based upon its net revenue per inpatient admission in the fiscal year 1986-1987 exceeds the amount specified in this subsection, reduced by any credit approved pursuant to subsection 12, the hospital is exempt from any penalty which would otherwise be imposed pursuant to subsection 7. A hospital which increases its billed charges based upon a determination that the provisions of this subsection will exempt the hospital from any penalty for such action shall notify the director in writing of the increase and submit documentation in support of the hospitals determination. The director shall determine the amount by which a hospitals reduction in net revenue for the fiscal years 1987-1988 and 1988-1989 exceeded the amounts specified in this subsection, after deducting any applicable credit, and shall authorize the hospital to increase its net revenue per inpatient admission by an amount which is sufficient to allow the recovery of the excess in the fiscal year 1988-1989 or 1989-1990, as appropriate. The hospital may increase its billed charges in the fiscal years 1988-1989 and 1989-1990 by 1 percent for each percent that it is authorized to increase its net revenue per inpatient admission pursuant to this subsection for that fiscal year.
κ1987 Statutes of Nevada, Page 1636 (CHAPTER 681, AB 615)κ
revenue per inpatient admission pursuant to this subsection for that fiscal year. Any increase authorized pursuant to this subsection is in addition to the increases authorized pursuant to subsections 5 and 6.
9. One-half of the money collected pursuant to this section must be deposited in the legislative fund and used for the support of the legislative committee on health care. The other half of the money must be deposited in the supplemental fund for assistance to indigent persons. The board of trustees of the fund for hospital care to indigent persons shall distribute to each county before May 1 from money deposited in the supplemental fund pursuant to this subsection an amount proportionate to the amount paid into the supplemental fund by the county in the previous fiscal year.
10. The division shall, on or before July 1, 1987:
(a) Determine the percentage of income to operating expenses for the calendar year 1986 for each hospital in this state based upon reports submitted by the hospitals to the division;
(b) Determine whether that percentage exceeds the amount specified in subsection 1, 2 or 3; and
(c) Notify each hospital which will be required to comply with the provisions of subsection 1, 2 or 3 and of subsection 6. Each hospital so notified, except a hospital which is subject to the provisions of subsection 3, shall within 30 days provide to the director a copy of its list of billed charges in effect on March 31, 1987.
The division shall make such other determinations as are necessary to carry out the provisions of this section.
11. The provisions of subsections 1, 2, 3 and 4 do not require a hospital to reduce the amount it receives pursuant to a contract in effect on the effective date of this section.
12. A hospital which is required pursuant to subsection 1, 2 or 4 to reduce or limit its net revenue per inpatient admission in a fiscal year is entitled to a credit against its net revenue used to compute its revenue per inpatient admission of $2 for each $1 spent by the hospital in the preceding calendar year to increase its ratio of nursing hours to patient days. The credit authorized pursuant to this subsection must not exceed 5.5 percent of the amount by which the net revenue of the hospital would otherwise be required to be reduced in the fiscal year 1987-1988. The credit applies only to nurses licensed pursuant to chapter 632 of NRS. To receive the credit, a hospital must:
(a) Increase its percentage of nurses who work at least 40 hours per week above the percentage for the preceding calendar year;
(b) Increase its ratio of nursing hours to patient days above the ratio for the calendar year 1986;
(c) Maintain its level of expenditures for medical education in Nevada at the level provided in the calendar year 1986, including education of allied health students, education of students in medical school, postgraduate residency programs and continuing medical education for the hospitals staff; and
κ1987 Statutes of Nevada, Page 1637 (CHAPTER 681, AB 615)κ
school, postgraduate residency programs and continuing medical education for the hospitals staff; and
(d) Submit to the director on or before January 31 of the fiscal year in which the credit is claimed evidence of compliance with the requirements of paragraphs (a), (b) and (c).
The director may disallow all or any portion of the claimed credit which he determines is not supported by the evidence. The decision of the director is a final decision for the purpose of judicial review.
13. The director may adopt such regulations as he deems necessary to carry out the provisions of this section.
14. As used in this section:
(a) Director means the director of the department of human resources.
(b) Division means the division for review of health resources and costs of the department of human resources.
(c) Fiscal year means a period beginning on July 1 and ending on June 30 of the following year.
(d) Income means all revenues earned from the care of inpatients, as determined by the division from reports submitted to the division by a hospital, minus operating expenses, before the payment of income taxes.
(e) Net revenue per inpatient admission means all revenues earned from medical care provided to inpatients by a hospital, excluding income from inpatients covered by Medicare or Medicaid, divided by the number of inpatients admitted, excluding inpatients covered by Medicare or Medicaid.
(f) Operating expenses means expenses of operation of a hospital which the division determines to be an allowable operating expense including:
(1) All operating expenses allowed by the Health Care Financing Administration for hospitals which receive payments for Medicare;
(2) Expenses for capital expenditures approved pursuant to NRS 439A.100; and
(3) Other operating expenses which the division determines to be directly related to the provision of care to inpatients.
(g) Percentage of income to operating expenses means income divided by operating expenses and then multiplied by 100.
Sec. 7.5. Section 60 of Assembly Bill No. 289 of this session is hereby amended to read as follows:
Sec. 60. If a contract was in effect for the fiscal year 1986-1987 between a county and a hospital for the treatment of a majority of the indigent patients in the county, the total amount of the reimbursement paid to the hospital by the county in the fiscal [year] years 1987-1988 and 1988-1989 for the treatment of indigent patients must not be less than the amount paid to the hospital in the fiscal year 1986-1987 if the hospital treats at least as many indigent patients.
κ1987 Statutes of Nevada, Page 1638 (CHAPTER 681, AB 615)κ
Sec. 8. Section 49 of Assembly Bill No. 289 of this session is hereby repealed.
Sec. 9. 1. This section and sections 2 to 8, inclusive, of this act, become effective upon passage and approval.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 592Committee on Finance
CHAPTER 682
AN ACT relating to state financial administration; levying a property tax to support the consolidated bond interest and redemption fund; and providing other matters properly relating thereto.
[Approved June 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. A tax valorem of 4.7 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1987, and ending June 30, 1988, and a tax ad valorem of 5.7 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1988, and ending June 30, 1989. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of mines and mining claims and excluding such property as is by law exempt from taxation.
2. The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.
Sec. 2. 1. On or before July 1, 1987, and July 1, 1988, the state controller shall estimate the amount of proceeds of the tax levied by section 1 of this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The state controller may revise the estimate and amount reserved.
2. If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the state controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
κ1987 Statutes of Nevada, Page 1639 (CHAPTER 682, SB 592)κ
of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
3. The state controller shall report to the legislature or, if the legislature is not in session, to the interim finance committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;
(b) The amount of money reserved from the state general fund pursuant to subsection 2; and
(c) The amount of money which reverts to the state general fund pursuant to subsection 2.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 186Committee on Finance
CHAPTER 683
AN ACT relating to education; modifying the formula used to determine the financial support for certain educational programs; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.
(4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
(5) One-fourth the average daily attendancehighest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
κ1987 Statutes of Nevada, Page 1640 (CHAPTER 683, SB 186)κ
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for:
(a) The immediately preceding school year, the larger sum must be used in computing basic support; or
(b) Both of the 2 next preceding school years and the decrease from the immediately preceding school year is more than 5 percent, the sum for the first of the 2 preceding school years must be used in computing basic support.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section.
Sec. 2. Section 2 of chapter 587, Statutes of Nevada 1985, at page 1869, is hereby amended to read as follows:
Sec. 2. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.
(4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
(5) One-fourth the average daily attendancehighest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for [:
κ1987 Statutes of Nevada, Page 1641 (CHAPTER 683, SB 186)κ
(a) The] the immediately preceding school year, the larger sum must be used in computing basic support . [; or
(b) Both of the 2 next preceding school years and the decrease from the immediately preceding school year is more than 5 percent, the sum for the first of the 2 preceding school years must be used in computing basic support.]
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section.
Sec. 3. The department of education is hereby authorized to spend from the state distributive school fund the sum of $1,628,000 for fiscal year 1987-1988, and the sum of $1,628,000 for fiscal year 1988-1989, for the support of pupils who are incarcerated in a facility or institution operated by the department of prisons.
________
Assembly Bill No. 819Committee on Ways and Means
CHAPTER 684
AN ACT relating to state purchasing; authorizing the director of the department of general services to contract without competitive bidding for certain services and commodities with certain organizations or agencies whose primary purpose is the training and employment of handicapped persons; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 331.100 notwithstanding, the director may award without accepting competitive bids a contract for services or the purchase of commodities to organizations or agencies whose primary purpose is the training and employment of handicapped persons. He shall establish by market survey a fair-market price for those services or commodities.
Sec. 2. NRS 333.300 is hereby amended to read as follows:
333.300 1. [The] Except as otherwise provided in section 1 of this act, the chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.
κ1987 Statutes of Nevada, Page 1642 (CHAPTER 684, AB 819)κ
2. All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof exceeds $7,500, must be purchased by formal contract from the lowest responsible bidder after due notice inviting the submission of sealed proposals to the chief of the purchasing division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. The notice must be published as outlined in NRS 333.310.
3. In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
4. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall:
(a) If the lowest bids are by bidders resident in Nevada, accept the proposal which, in his discretion, is in the best interests of this state.
(b) If the lowest bids are by bidders resident outside Nevada:
(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or
(2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in Nevada.
Sec. 3. NRS 232.320 is hereby amended to read as follows:
232.320 1. The director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the division for review of health resources and costs;
(3) The administrator of the health division;
(4) The administrator of the rehabilitation division;
(5) The state welfare administrator; and
(6) The administrator of the youth services division.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 431 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
(d) Has such other powers and duties as are provided by law.
κ1987 Statutes of Nevada, Page 1643 (CHAPTER 684, AB 819)κ
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 359Committee on Judiciary
CHAPTER 685
AN ACT relating to actions concerning real property; revising certain provisions concerning guarantors, sureties and certain other obligors; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Upon full satisfaction by a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, of the indebtedness secured by a mortgage or lien upon real property, the paying guarantor, surety or other obligor is entitled to enforce every remedy which the creditor then has against the mortgagor or grantor of the mortgage or lien upon real property, and is entitled to an assignment from the creditor of all of the rights which the creditor then has by way of security for the performance of the indebtedness.
Sec. 3. Immediately upon partial satisfaction by a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, of the indebtedness secured by a mortgage or lien upon real property, the paying guarantor, surety or other obligor automatically, by operation of law and without further action, receives an interest in the proceeds of the indebtedness secured by the mortgage or lien to the extent of the partial satisfaction, subject only to the creditors prior right to recover the balance of the indebtedness owed by the mortgagor or grantor.
Sec. 4. The provisions of sections 2 and 3 of this act may be waived by the guarantor, surety or other obligor only after default.
Sec. 5. As used in sections 2 and 3 of this act, indebtedness means the principal balance of the obligation, together with all accrued and unpaid interest, and those costs, fees, advances and other amounts secured by the mortgage or lien upon real property.
Sec. 6. NRS 40.453 is hereby amended to read as follows:
40.453 1. It is hereby declared by the legislature to be against public policy for any document relating to the sale of real property to contain any provision whereby a mortgagor or the grantor of a deed of trust or, except as otherwise provided in section 4 of this act, a guarantor or surety of the indebtedness secured thereby, waives any right secured to him by the laws of this state.
κ1987 Statutes of Nevada, Page 1644 (CHAPTER 685, SB 359)κ
as otherwise provided in section 4 of this act, a guarantor or surety of the indebtedness secured thereby, waives any right secured to him by the laws of this state.
2. [No] A court shall not enforce any such provision.
Sec. 7. NRS 40.459 is hereby amended to read as follows:
40.459 After the hearing, the court shall award a money judgment against the debtor, guarantor, surety or other defendant or defendants personally liable for the debt. The court shall not render judgment for more than:
1. The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale; or
2. The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured,
whichever is the lesser amount.
Sec. 8. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which [such] the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment; and
(b) The beneficiary, the successor in interest of the beneficiary or the trustee [shall first execute and cause] first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of [such] the breach and of his election to sell or cause to be sold [such] the property to satisfy the obligation; and
(c) Not less than 3 months have elapsed after the recording of [such] the notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by certified mail with postage prepaid to the grantor or to his successor in interest at the address of the grantor or his successor in interest if known, otherwise to the address of the trust property. [Such] The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due and payable if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of [such] the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.
κ1987 Statutes of Nevada, Page 1645 (CHAPTER 685, SB 359)κ
deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due and payable if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of [such] the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and [prior to] before the making of [such] the sale, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
5. The notices required pursuant to subsections 3 and 4 must also be sent by certified mail, return receipt requested, with postage prepaid to each guarantor, surety or obligor other than the grantor at the address of each such guarantor, surety or other obligor, if known, otherwise to the address of the trust property. Failure to give notice to any guarantor, surety or other obligor releases the persons obligations to the trust beneficiary, but does not affect the obligations of any other person who is given notice pursuant to subsections 3 and 4. Failure to give notice pursuant to this subsection does not affect the validity of any sale conducted pursuant to this section if notice is otherwise given in accordance with subsections 3 and 4.
6. If enforcement of the power of sale conferred upon the trustee is automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code, the beneficiary may commence an action against a guarantor, surety or other obligor other than the grantor after 120 days have elapsed from the date notice of default was mailed to the guarantor, surety or other obligor. The provisions of NRS 40.430, 40.455, 40.457 and 40.459 do not apply to an action commenced pursuant to this subsection. The guarantor, surety or obligor against whom such action is taken is entitled to assert against the beneficiary all legal and equitable defenses available to the debtor arising out of the transaction.
7. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.
Sec. 9. Subsection 6 of section 8 of this act applies to a guaranty, suretyship agreement or other document evidencing an obligation which was executed before December 23, 1986, or after passage and approval of this act.
κ1987 Statutes of Nevada, Page 1646 (CHAPTER 685, SB 359)κ
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 423Assemblymen Swain, Myrna Williams, Nicholas, McGaughey, Thomas, DuBois, Schofield, Arberry, Evans, Triggs, Haller, Kissam, Porter, Wisdom, Kerns, Price, May, Sedway, Thompson, Sader, Nevin, Callister, Brookman, Gaston, Freeman, Spinello, Banner, Carpenter and Craddock
CHAPTER 686
AN ACT relating to art in public places; making an appropriation to support a program for the preliminary actions necessary for the acquisition of works of art for inclusion with certain proposed state buildings; requiring the Nevada state council on the arts to develop and administer the program; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the fund for art in public works created pursuant to section 3 of this act the sum of $4,260.
Sec. 2. Notwithstanding the provisions of NRS 341.145, 341.153 and 353.255, the Nevada state council on the arts shall develop and administer a program for the preliminary actions necessary for the acquisition of works of art for inclusion with the new Supreme Court building and the new building to house the State Library and Archives. The works of art may be:
1. Installed as an integral part of one of the new buildings or attached to it;
2. Placed in the immediate vicinity of the building; or
3. Used for a portable exhibit either in or near the building for which it was acquired.
Sec. 3. 1. In preparing to acquire the works of art, the council may:
(a) Select and commission any artist for the creation of a concept for a work of art;
(b) Review the artists plans and designs;
(c) Supervise the artists execution of a model of the work; and
(d) Accept the concept and model for the work of art.
2. The fund for art in public works is hereby created as a special revenue fund under the administration of the council. Claims against the fund must be paid out as other claims against the state are paid.
3. The council may use the money in the fund for art in public works for:
(a) Employing artists to create concepts for works of art;
κ1987 Statutes of Nevada, Page 1647 (CHAPTER 686, AB 423)κ
(b) Materials and services required to produce a model of the proposed works of art; and
(c) Expenses necessarily incurred in the administration of the program for the acquisition of works of art for the new buildings.
4. The council shall use at least one-half of the money allocated to the fund for art in public works to acquire models of works of art for the new buildings.
5. Any contract concerning the acquisition of a model of a work of art must be negotiated and entered into separately from any other contract relating to the project.
Sec. 4. 1. Except as otherwise provided in subsection 2, the state has exclusive rights of ownership and public display of all models of works of art prepared pursuant to section 3 of this act.
2. The artist of each such model may:
(a) Claim authorship of the model.
(b) Reproduce the work of art, including all rights to which the work of art may be subject under the copyright laws, unless otherwise limited by contract.
(c) Bequeath to his heirs, assigns or personal representatives any property rights retained in the work of art.
(d) Associate his name with the model.
________
Assembly Bill No. 133Committee on Ways and Means
CHAPTER 687
AN ACT relating to state employees; entitling certain employees at certain correctional facilities to receive compensation for the cost of commuting to work; making appropriations; and providing other matters properly relating thereto.
[Approved June 21, 1987]
Whereas, There is little or no available housing within 25 miles of the Southern Nevada Correctional Center, the Southern Desert Correctional Center, the Indian Springs Conservation Camp and the site of the proposed Jean Conservation Camp; and
Whereas, Most of the employees of the Southern Nevada Correctional Center, the Southern Desert Correctional Center and the Indian Springs Conservation Camp must travel more than 25 miles from their homes to work at these facilities; and
Whereas, Most of the employees of the proposed Jean Conservation Camp will also have to travel more than 25 miles from their homes to work at that facility; and
Whereas, There is available housing within close proximity to every other correctional institution and facility of the department of prisons; and
κ1987 Statutes of Nevada, Page 1648 (CHAPTER 687, AB 133)κ
Whereas, A general law regarding the payment of compensation for travel to work in the prisons and conservation camps in Nevada could not be made applicable to the special circumstances found at the Southern Nevada Correctional Center, the Southern Desert Correctional Center or the Indian Springs Conservation Camp or anticipated at the proposed Jean Conservation Camp; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to his regular salary, each person employed by the department of prisons or the division of forestry of the state department of conservation and natural resources at the Southern Nevada Correctional Center, the Southern Desert Correctional Center, the Indian Springs Conservation Camp, or the proposed Jean Conservation Camp is entitled to receive, as compensation for travel expenses, not more than $6 for each day he reports to work if his residence is more than 25 miles from the respective facility. The total cost for compensation for travel expenses authorized by this section must not exceed the amount specially appropriated for this purpose.
Sec. 2. 1. There is hereby appropriated from the state general fund to the department of prisons for the purpose of carrying out the provisions of section 1 of this act:
For the fiscal year 1987-88.................................................... $511,650
For the fiscal year 1988-89.................................................... 511,650
2. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources for the purpose of carrying out the provisions of section 1 of this act:
For the fiscal year 1987-88.................................................................... $20,160
For the fiscal year 1988-89.................................................................... 20,790
3. Any balance of the sums appropriated by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
κ1987 Statutes of Nevada, Page 1649κ
Assembly Bill No. 694Committee on Commerce
CHAPTER 688
AN ACT relating to pharmacy; requiring certain information to be imprinted on certain drugs; providing for the regulation of pharmacies operated in conjunction with medical facilities; changing the statutory name of pharmacies which are operated in correctional institutions; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5, 3 and 4 of this act.
Sec. 2. Pharmacy in a correctional institution means a pharmacy or other storage place for medicines, controlled substances and dangerous drugs which is a part of or is operated in conjunction with a correctional institution or facility, including a jail and facilities for the detention of juveniles.
Sec. 2.5. A pharmacist shall not dispense by prescription any tablet or capsule, except one which is hypodermic, sublingual or soluble, if it does not have the manufacturers product identification code imprinted on it.
Sec. 3. The board may adopt such regulations as are necessary for the safe and efficient operation of institutional pharmacies.
Sec. 4. The board shall adopt regulations concerning the safe and efficient operation of pharmacies in correctional institutions.
Sec. 5. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, [and] section 2 of [this act,] Assembly Bill No. 695 of this session, and section 2 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 6. NRS 639.0085 is hereby amended to read as follows:
639.0085 Institutional pharmacy means a pharmacy or other storage place [for controlled substances and dangerous drugs] as defined by regulations adopted by the board which is a part of or is operated in conjunction with a [correctional facility, including a jail and detentional facility for juveniles.] medical facility as that term is defined in NRS 449.0151.
Sec. 7. NRS 639.012 is hereby amended to read as follows:
639.012 1. Pharmacy means every store or shop licensed by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.
2. Pharmacy includes:
(a) Pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.
κ1987 Statutes of Nevada, Page 1650 (CHAPTER 688, AB 694)κ
(b) Institutional pharmacies.
(c) Pharmacies in correctional institutions.
Sec. 8. NRS 639.013 is hereby amended to read as follows:
639.013 1. Prescription means:
[1.] (a) An order given individually for the person for whom prescribed, directly from the practitioner to a pharmacist or indirectly by means of an order signed by the practitioner.
[2.] (b) A chart order written for an inpatient specifying drugs which he is to take home upon discharge.
2. The term does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 9. NRS 639.070 is hereby amended to read as follows:
639.070 1. The board may:
(a) Adopt such regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
(b) Adopt regulations requiring that prices charged by retail pharmacies for prescription drugs and medicines be posted in the pharmacies and be given on the telephone to persons requesting such information.
(c) Adopt regulations, not inconsistent with the laws of this state, authorizing the secretary to issue certificates, licenses and permits required by chapters 453 and 454 of NRS and this chapter.
(d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.
(e) Regulate the practice of pharmacy.
(f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.
(g) Regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices, including but not limited to requirements relating to the inventories and records of individual classes of institutional pharmacies and pharmacies in correctional institutions and drugs stored in hospitals.
(h) Examine and register as pharmacists applicants whom it deems qualified to be pharmacists.
(i) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
(j) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of chapter 454 of NRS and this chapter.
2. This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
κ1987 Statutes of Nevada, Page 1651 (CHAPTER 688, AB 694)κ
Sec. 10. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services.
For investigation and examination of applicant for certificate as registered pharmacist ............................................................................................................. $200
For investigation and examination of applicant for certificate as registered pharmacist by reciprocity..................................................................................... 150
For the investigation or issuance of an original license to conduct a retail pharmacy ............................................................................................................. 400
For biennial renewal of a license to conduct a retail pharmacy.............. 300
For the investigation or issuance of an original license to conduct [a hospital pharmacy for inpatients] an institutional pharmacy.................. 400
For biennial renewal of a license to conduct [a hospital pharmacy for inpatients] an institutional pharmacy.................................................................... 300
For issuance of certificate of registration as registered pharmacist....... 50
For biennial renewal of certificate of registration as registered pharmacist 100
For reinstatement of lapsed certificate of registration (in addition to [renewal] fees for renewal for the period of lapse)..................................................... 50
For issuance of duplicate certificate of registration................................. 25
For biennial registration of a hospital pharmaceutical technician.......... 10
For issuance of manufacturers or wholesalers permit........................... 100
For biennial renewal of permit for manufacturer or wholesaler............... 200
For issuance of permit to vend, sell, offer to sell or furnish any hypodermic device ............................................................................................................. 25
For biennial renewal of permit to vend, sell, offer to sell or furnish any hypodermic device.................................................................................................. 50
For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon........................................................... 25
For biennial renewal of a certificate of registration issued to a registered pharmacist placed on inactive status................................................................. 50
For authorization of practitioner to dispense controlled substances or dangerous drugs, or both.................................................................................... 300
For biennial renewal of authorization of practitioner to dispense controlled substances or dangerous drugs, or both........................................................... 300
κ1987 Statutes of Nevada, Page 1652 (CHAPTER 688, AB 694)κ
2. If a person requests a special service from the board or requests the board to convene a special meeting, he shall pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.
3. All fees are payable in advance and must not be refunded.
4. The board may, by regulation, set the penalty for failure to pay the [renewal] fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the [renewal] fee for renewal for each year of delinquency in addition to the [renewal] fees for renewal for each year of delinquency.
Sec. 11. NRS 639.2324 is hereby amended to read as follows:
639.2324 The operation of [a pharmacy in conjunction with a hospital shall] an institutional pharmacy must meet the following requirements:
1. In hospitals with 100 or more beds, the pharmacy [shall] must be under the continuous supervision of a pharmacist during the time it is open for pharmaceutical services.
2. In [hospitals] institutions with less than 100 beds, the services of a pharmacist may be on less than a full-time basis, depending upon the needs of the [hospital,] institution, and pursuant to the regulations and recommendations of the state board of pharmacy and the [board of hospital trustees] persons charged with the administration and control of [such hospital.] the institution.
3. In the absence of a pharmacist from the [hospital,] institution, a nurse designated by the pharmacist may obtain from the pharmacy such necessary quantities of drugs to administer to a patient until the pharmacy reopens as are ordered by a medical practitioner and needed by a patient in an emergency.
4. The pharmacist in charge of the pharmacy shall initiate procedures to provide for administration and technical guidance in all matters pertaining to the acquiring, stocking, recordkeeping and dispensing of drugs and devices.
Sec. 12. NRS 639.2326 is hereby amended to read as follows:
639.2326 1. Except as otherwise provided in NRS 639.2327, [an institutional] a pharmacy in a correctional institution which is used mainly for storage and from which controlled substances and dangerous drugs and devices are administered must be supervised by a prescribing practitioner or a licensed pharmacy.
2. The practitioner or a registered pharmacist need not be present at the times the [institutional] pharmacy is open, but is responsible for the security of the pharmacy and shall maintain the records required by the board. In any case, the name of the prescribing practitioner must be recorded when any controlled substance, dangerous drug or device is administered or ordered for stock.
Sec. 12.5. NRS 639.2591 is hereby amended to read as follows:
639.2591 A pharmacist [may] shall not substitute a generic drug for a drug prescribed by brand name unless the manufacturer of the drug which he proposes to substitute is licensed in Nevada and:
κ1987 Statutes of Nevada, Page 1653 (CHAPTER 688, AB 694)κ
1. All products are dated with an expiration date on the original package;
2. All tablets and capsules, except for those which are hypodermic [and sublingual tablets,] , sublingual or soluble, have the manufacturers product identification code imprinted on them;
3. The manufacturer is capable of recalling unsafe or defective drugs, and has filed a statement describing its capability with the board; and
4. The manufacturer has filed a liability statement relative to its drugs with the board.
Sec. 13. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 and 15 of this act.
Sec. 14. Institutional pharmacy means a pharmacy or other storage place as defined by regulations adopted by the board which is a part of or operated in conjunction with a medical facility as that term is defined in NRS 449.0151.
Sec. 15. Pharmacy in a correctional institution means a pharmacy or other storage place for medicines, controlled substances and dangerous drugs which is a part of or is operated in conjunction with a correctional facility, including a jail and facility for the detention of juveniles.
Sec. 16. NRS 453.011 is hereby amended to read as follows:
453.011 1. NRS 453.011 to 453.348, inclusive, and sections 14 and 15 of this act may be cited as the Uniform Controlled Substances Act.
2. The Uniform Controlled Substances Act is designed to supplant the Uniform Narcotic Act as enacted by chapter 23, Statutes of Nevada 1937.
Sec. 17. NRS 453.016 is hereby amended to read as follows:
453.016 As used in NRS 453.011 to 453.730, inclusive, and sections 14 and 15 of this act, the words and terms in NRS 453.021 to 453.141, inclusive, and sections 14 and 15 of this act, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.
Sec. 18. NRS 453.056 is hereby amended to read as follows:
453.056 1. Dispense means the furnishing of a controlled substance in any amount greater than that which is necessary for the present and immediate needs of the ultimate user.
2. The term does not include the furnishing of a controlled substance by a hospital pharmacy for inpatients.
Sec. 19. NRS 453.128 is hereby amended to read as follows:
453.128 1. Prescription means:
[1.] (a) An order given individually for the person for whom prescribed, directly from a physician, dentist, podiatrist or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner.
[2.] (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. Prescription does not include a chart order written for an inpatient for use while he is an inpatient.
κ1987 Statutes of Nevada, Page 1654 (CHAPTER 688, AB 694)κ
Sec. 20. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and sections 14 and 15 of this act, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under the provisions of NRS 453.011 to 453.552, inclusive [.] , and sections 14 and 15 of this act.
3. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and [issue] adopt a regulation controlling the substance if it finds the substance has a potential for abuse.
4. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
5. If any substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under the provisions of NRS 453.011 to 453.552, inclusive, and sections 14 and 15 of this act, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling [,] or deletion under the provisions of NRS 453.011 to 453.552, inclusive, and sections 14 and 15 of this act, by the board, control under such sections is stayed until the board publishes its decision.
6. Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
7. The board shall not include any nonnarcotic substance on any such schedule if that substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.
Sec. 21. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
κ1987 Statutes of Nevada, Page 1655 (CHAPTER 688, AB 694)κ
1. If registered by the board:
(a) A practitioner.
(b) A physicians assistant at the direction of his supervising physician.
2. Without being registered with the board:
(a) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
(1) From an original container which has been furnished as floor or ward stock;
(2) From a container dispensed by a registered pharmacist pursuant to a prescription [;] or furnished pursuant to a chart order; or
(3) Furnished by a practitioner.
(b) In [an institutional pharmacy,] a pharmacy in a correctional institution, a registered nurse licensed to practice professional nursing or a licensed practical nurse, in multiple doses for administration in single doses to prisoners in that institution.
(c) An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
(d) A respiratory therapist, at the direction of a physician.
(e) A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(1) In the presence of a physician or a registered nurse; or
(2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.
A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
(f) A medical intern in the course of his internship.
(g) An ultimate user as defined in this chapter.
3. A person designated by the head of a correctional institution which does not contain [an institutional] a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
Sec. 22. NRS 453.377 is hereby amended to read as follows:
453.377 A controlled substance may be dispensed by:
1. A registered pharmacist upon a legal prescription from a practitioner or to [an institutional] a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.
2. [An institutional pharmacy,] A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.
3. A practitioner or a physicians assistant if authorized by the board.
κ1987 Statutes of Nevada, Page 1656 (CHAPTER 688, AB 694)κ
4. A registered nurse, when the state, county, city or district health officer has declared a state of emergency.
5. A medical intern in the course of his internship.
6. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.
7. A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the board.
Sec. 23. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient. Each prescription for a controlled substance listed in schedule II must be written entirely by the practitioner who issues it.
2. A prescription must contain:
(a) The name [and signature] of the practitioner [,] , his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number from the Drug Enforcement Administration;
(d) The name of the patient, and his address if not immediately available to the pharmacist;
(e) The name, strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 24. Chapter 454 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 and 26 of this act.
Sec. 25. Institutional pharmacy means a pharmacy or other storage place as defined by regulations adopted by the board which is a part of or is operated in conjunction with a medical facility as that term is defined in NRS 449.0151.
Sec. 26. Pharmacy in a correctional institution means a pharmacy or other storage place for medicines, controlled substances and dangerous drugs which is a part of or is operated in conjunction with a correctional facility, including a jail and facility for the detention of juveniles.
Sec. 27. NRS 454.001 is hereby amended to read as follows:
454.001 As used in this chapter, the words and terms defined in NRS 454.002 to 454.0098, inclusive, [and] section 14 of [this act,] Assembly Bill No. 695 of this session, and sections 25 and 26 of this act, have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.
κ1987 Statutes of Nevada, Page 1657 (CHAPTER 688, AB 694)κ
Sec. 28. NRS 454.00961 is hereby amended to read as follows:
454.00961 1. Prescription means:
[1.] (a) An order given individually for the person for whom prescribed, directly from the practitioner, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner.
[2.] (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. Prescription does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 29. NRS 454.211 is hereby amended to read as follows:
454.211 1. Dispense means the furnishing of a dangerous drug in any amount greater than that which is necessary for the present and immediate needs of the ultimate user.
2. The term does not include the furnishing of a dangerous drug by a hospital pharmacy for inpatients.
Sec. 30. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing practitioner or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a chart order or prescription; or
(c) Furnished by a practitioner.
3. A registered nurse licensed to practice professional nursing or a licensed practical nurse, in [an institutional pharmacy,] a pharmacy in a correctional institution, in multiple doses for administration in single doses to prisoners in that institution.
4. A physicians assistant at the direction of his supervising physician.
5. An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
6. A respiratory therapist, at the direction of a physician.
7. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
κ1987 Statutes of Nevada, Page 1658 (CHAPTER 688, AB 694)κ
8. A medical intern in the course of internship.
9. A person designated by the head of a correctional institution which does not contain [an institutional] a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
10. An ultimate user.
Sec. 31. NRS 454.215 is hereby amended to read as follows:
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner or to [an institutional] a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;
2. [An institutional pharmacy,] A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;
3. A practitioner, or a physicians assistant if authorized by the board;
4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board;
5. A medical intern in the course of his internship; [or]
6. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs [,] ; or
7. A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the board,
except that no person may dispense a dangerous drug in violation of a regulation adopted by the board.
Sec. 32. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a practitioner 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, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by:
(a) A practitioner to his own patients as provided in NRS 454.301;
(b) A physicians assistant if authorized by the board;
(c) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer or dispense dangerous drugs;
(d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;
(e) A hospital pharmacy or a pharmacy so designated by a district health officer to the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 to stock ambulances or other authorized vehicles or replenish the stock; or
κ1987 Statutes of Nevada, Page 1659 (CHAPTER 688, AB 694)κ
450B.200 or 450B.210 to stock ambulances or other authorized vehicles or replenish the stock; or
(f) A [prison] pharmacy in a correctional institution to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.
Sec. 33. NRS 454.223 is hereby amended to read as follows:
454.223 1. Each prescription for a dangerous drug must be written on a prescription blank or as an order on the chart of a patient. A chart of a patient may be used to order multiple prescriptions for that patient.
2. A written prescription must contain:
(a) The name [and signature] of the practitioner [,] , his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) The name of the patient, and his address if not immediately available to the pharmacist;
(d) The name, strength and quantity of the drug or drugs prescribed;
(e) Directions for use; and
(f) The date of issue.
3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 34. This act becomes effective on January 1, 1988.
________
Senate Bill No. 498Committee on Taxation
CHAPTER 689
AN ACT relating to local financial administration; including the assessed valuation of certain property transferred to a governmental entity in the total assessed valuation of a fire protection district for the purpose of calculating the limits upon revenue; revising the schedule for the payment of property taxes in quarterly installments; including the assessed valuation of certain property transferred to a governmental entity in the basic ad valorem revenue of certain fire protection districts and counties for the purpose of distributing the city-county relief tax; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.59805 is hereby amended to read as follows:
354.59805 1. Except as otherwise provided in NRS 354.59816 and section 1 of [this act,] Assembly Bill No. 698 of this session, 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:
κ1987 Statutes of Nevada, Page 1660 (CHAPTER 689, SB 498)κ
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.] (a) 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)] 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.
[(b)] (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.
[2.] (b) 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.] (c) Then reducing the amount resulting from [subsections 1 and 2] paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
2. For the purpose of calculating the applicable limits provided in this section and NRS 354.59811 and 354.59816 for a fire protection district, the county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.
Sec. 2. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due on the 3rd Monday of July.
2. Taxes assessed upon the real property tax roll may be paid in four equal installments.
3. In any county [having a population of] whose population is 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.
κ1987 Statutes of Nevada, Page 1661 (CHAPTER 689, SB 498)κ
4. If a person elects to pay in quarterly installments, the first installment is due on the [3rd] 1st Monday of [July,] August, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.
5. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of [such] the taxes on or within 10 days following the day [such] the taxes become due, there must be added thereto a penalty of 4 percent.
(b) Any two quarters of [such] the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.
(c) Any three quarters of [such] the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.
(d) The full amount of [such] the taxes, together with accumulated penalties, on or within 10 days following the 1st Monday of March, there must be added thereto a penalty of 7 percent of the full amount of [such] the taxes.
6. Any person charged with taxes which are a lien on a mobile home as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:
(a) The entire amount of the taxes are due;
(b) A penalty of 10 percent of the taxes due;
(c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and
(d) The county assessor may proceed under NRS 361.535.
Sec. 3. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Political Subdivision Percent-
age
Churchill County............................................................................................ 3.23
City of North Las Vegas................................................................................ 46.52
City of Carlin................................................................................................... 2.72
Esmeralda County.......................................................................................... .20
Eureka County................................................................................................ .71
City of Winnemucca...................................................................................... 5.56 City of Caliente .46
κ1987 Statutes of Nevada, Page 1662 (CHAPTER 689, SB 498)κ
City of Caliente............................................................................................... .46
City of Yerington............................................................................................ 4.77
Mineral County.............................................................................................. 9.96
City of Gabbs.................................................................................................. 4.31
Pershing County............................................................................................ 2.52
City of Lovelock............................................................................................. 5.77
White Pine County........................................................................................ 5.37
City of Ely ................................................................................................ 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any 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 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.
κ1987 Statutes of Nevada, Page 1663 (CHAPTER 689, SB 498)κ
governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
(c) Of a local government listed in subsection 1 of section 1 of [this act] Assembly Bill No. 698 of this session does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
5. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
________
Assembly Bill No. 379Committee on Transportation
CHAPTER 690
AN ACT relating to motor vehicles; repealing the provision relating to the payment of fees for the registration of motor vehicles owned by the state contractors board; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.155 is hereby repealed.
________
Senate Bill No. 426Committee on Human Resources and Facilities
CHAPTER 691
AN ACT relating to indigent persons; removing the limit on the minimum amount subject to reimbursement from the fund for hospital care to indigent persons; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 428.235 is hereby amended to read as follows:
428.235 1. If the hospital receives a certification that the person is an indigent person and it has complied with the procedures for collection established by the board of trustees of the fund, it may apply to the board for reimbursement or partial reimbursement of the unpaid charges [in excess of $1,000] for hospital care furnished to him.
κ1987 Statutes of Nevada, Page 1664 (CHAPTER 691, SB 426)κ
indigent person and it has complied with the procedures for collection established by the board of trustees of the fund, it may apply to the board for reimbursement or partial reimbursement of the unpaid charges [in excess of $1,000] for hospital care furnished to him.
2. The application must be in such form and contain such information as the board requires.
3. If such an indigent patient is transferred, within 3 days after his first admission, from one hospital to another, both hospitals are entitled to reimbursement in full for their unpaid charges.
Sec. 2. NRS 428.245 is hereby amended to read as follows:
428.245 1. The board shall review the application and approve or disapprove reimbursement of all or part of the unpaid charges . [, in excess of $1,000.] If reimbursement or partial reimbursement is approved, payment to the hospital must be made from the fund, to the extent money is available in the fund for this purpose, and the hospital must reimburse pro rata any private physician whose charges were included in the application.
2. Upon payment to the hospital:
(a) The board is subrogated to the right of the hospital or physician to recover the unpaid charges from the patient or other person responsible for his support, to the extent of the reimbursement or partial reimbursement paid , [in excess of $1,000,] and may maintain an independent action therefor; and
(b) The board has a lien upon the proceeds of any recovery by the hospital or physician from the patient or other person responsible for his support, to the extent of the reimbursement or partial reimbursement paid . [in excess of $1,000.]
Sec. 3. NRS 428.255 is hereby amended to read as follows:
428.255 Any reimbursement or partial reimbursement made from the fund for unpaid charges for hospital care furnished to a person which are [greater than $1,000, but] not greater than [$4,000,] $3,000, is a charge upon the county in which:
1. The accident occurred, if the person is not a resident of this state; or
2. The person resides, if the person is a resident of this state,
and must be paid upon a claim presented by the board as other claims against the county are paid.
________
κ1987 Statutes of Nevada, Page 1665κ
Assembly Bill No. 192Committee on Health and Welfare
CHAPTER 692
AN ACT relating to public welfare; providing a procedure for the distribution of any Community Services Block Grant received from the Federal Government; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act:
1. Authorized agency means a nonprofit organization or political subdivision known as a delegate agency having a formal agreement with an eligible entity to perform services under a grant pursuant to 42 U.S.C. §§ 9901 et seq.
2. Director means the director of the office of community services.
3. Eligible entity means an agency, organization or governmental entity which is eligible under 42 U.S.C. §§ 9901 et seq. to receive grants.
Sec. 3. 1. The director shall administer any federal allotment received by this state pursuant to the Community Services Block Grant Act (42 U.S.C. § 9901 et seq.) for the amelioration of the causes of poverty within this state.
2. The director shall, on or before June 1 of each year, file with the interim finance committee a report of the allocation of that money by his office during the previous federal fiscal year and a report on the progress of the program for the current federal fiscal year.
3. The director shall not spend more than 5 percent of the federal allotment, or $55,000, whichever is greater, for the administrative expenses of the office of community services relating to the allotment. He shall allocate not less than 90 percent of the allotment to eligible entities for the purposes specified in 42 U.S.C. § 9904 (c)(1). He may spend the remainder of the allotment in any manner not inconsistent with the terms of the federal grant.
4. Money distributed to an authorized agency by an eligible entity and not expended before the end of the year of the grant may be redistributed by the eligible entity with the approval of the director. Money granted to an eligible entity and not expended before the end of the year of the grant must be returned to the director, who may:
(a) Grant the money to an eligible entity;
(b) Distribute the money to an authorized agency through an eligible entity; or
(c) Retain the money for distribution during the next federal fiscal year.
Sec. 4. 1. The interim finance committee shall, before June 1 of each year, hold a public hearing to receive the publics comments on a plan for the proposed use and distribution of the federal allotment anticipated for the next federal fiscal year.
κ1987 Statutes of Nevada, Page 1666 (CHAPTER 692, AB 192)κ
the proposed use and distribution of the federal allotment anticipated for the next federal fiscal year. The plan must provide for:
(a) The intended use and distribution of the federal allotment for the next federal fiscal year and any unexpended money from the current federal fiscal year; and
(b) Procedures for the review by the director and eligible entities of applications and plans for work submitted by authorized agencies.
2. The procedures established pursuant to paragraph (b) of subsection 1 must provide an authorized agency with the opportunity to make a presentation regarding its proposal to the appropriate eligible entity making recommendations to the director on the distribution of the federal allotment.
3. After reviewing the comments made at the public hearing held pursuant to subsection 1, the director shall prepare the final plan for the statewide use and distribution of the anticipated allotment and file a copy of the plan with the interim finance committee.
4. The proposed distribution of the portion of the allotment set aside for eligible entities must allocate, as nearly as practicable:
(a) A base amount for each:
(1) Community action agency which was authorized pursuant to 42 U.S.C. § 2790; and
(2) Limited purpose agency which was authorized pursuant to 42 U.S.C. § 2808,
for the federal fiscal year 1981 and which has been recertified for the next federal fiscal year;
(b) A uniform base amount for each of the other eligible entities in the state; and
(c) The remainder among all eligible entities based on the comparative number of persons in the respective counties whose income is at or below the federally designated level signifying poverty.
5. To apply for a grant, an eligible entity must submit an application to the director in the manner established by the director. The application must include a detailed description of the proposed use of the grant.
6. The director shall provide for assistance and instruction for all potential applicants, including eligible entities, in the preparation of applications and the requirements related to the use of the grants.
Sec. 5. 1. The director shall establish a procedure for the review of applications by eligible entities and criteria for their approval or denial.
2. In determining which applications for money by authorized agencies to approve, an eligible entity shall consider whether the proposed program:
(a) Is compatible with any local plan to ameliorate the causes of poverty in that community;
(b) Is compatible with any long-range plan by the state to ameliorate the causes of poverty within the state;
(c) Meets the federal criteria for eligibility;
(d) May assist participants who have low incomes to achieve self-sufficiency; and
κ1987 Statutes of Nevada, Page 1667 (CHAPTER 692, AB 192)κ
(e) Any other factors determined by the eligible entity to be in the best interest of persons who have low incomes in its area of service and which are compatible with the purposes and requirements of the Community Services Block Grant Act (42 U.S.C. §§ 9901 et seq.).
3. The director shall establish procedures to:
(a) Respond to individual inquiries and complaints regarding the distribution of the federal allotment; and
(b) Resolve conflicts regarding the approval of applications and the operation of approved programs.
Sec. 6. 1. The director shall encourage rural counties to coordinate their efforts toward the amelioration of poverty in their areas.
2. The director may approve a proposed program which involves more than one eligible entity or county if he makes provisions for each entity or county involved to pay an equitable share of the cost of the program from the grant it receives for that program.
Sec. 7. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by subsection 3 of NRS 328.480, by subsection 1 of NRS 341.145, and by NRS 353.220, 353.224 and 353.335 , section 4 of this act and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
κ1987 Statutes of Nevada, Page 1668 (CHAPTER 692, AB 192)κ
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 8. Section 2 of chapter 96, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 2. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by subsections 4 and 6 of NRS 284.115, subsection 3 of NRS 328.480, [by] subsection 1 of NRS 341.145, [and by] NRS 353.220, 353.224 and 353.335, section 4 of [this act,] Assembly Bill No.
κ1987 Statutes of Nevada, Page 1669 (CHAPTER 692, AB 192)κ
284.115, subsection 3 of NRS 328.480, [by] subsection 1 of NRS 341.145, [and by] NRS 353.220, 353.224 and 353.335, section 4 of [this act,] Assembly Bill No. 192 of this session, and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 9. This act becomes effective upon passage and approval.
________
Senate Bill No. 585Committee on Finance
CHAPTER 693
AN ACT relating to local financial administration; extending the time for filing of an amended budget by a local government for changes resulting from an action of the legislature; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.599 is hereby amended to read as follows:
354.599 1. In any year in which the legislature by law increases or decreases the revenues of a local government, and that increase or decrease was not included or anticipated in the local governments final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before [July 15] August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.
κ1987 Statutes of Nevada, Page 1670 (CHAPTER 693, SB 585)κ
adopted pursuant to NRS 354.598, the governing body of any such local government may, before [July 15] August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.
2. In any year in which the legislature enacts a law requiring an increase or decrease in expenditures of a local government, which was not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before [July 15] August 15 of the budget year, file an amended budget with the department of taxation providing for an increase or decrease in expenditures from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.
3. The amended budget, as approved by the department of taxation, is the budget of the local government for the current fiscal year.
________
Assembly Bill No. 500Committee on Judiciary
CHAPTER 694
AN ACT relating to assistance to the medically indigent; making certain information confidential; authorizing the appointment of a hearing officer; requiring the welfare division to adopt regulations prescribing the procedures for the appeal by providers of services from its decisions; and providing other matters properly relating thereto.
[Approved June 21, 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 the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, any information obtained by the welfare division in an investigation of a provider of services under the plan for assistance to the medically indigent is confidential.
2. The information presented as evidence at a hearing to review an action by the welfare division against a provider of services under the plan for assistance to the medically indigent is not confidential, except for the identity of any recipient of the assistance.
Sec. 3. 1. Upon receipt of a request for a hearing from a provider of services under the plan for assistance to the medically indigent, the welfare division shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the welfare division who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.
κ1987 Statutes of Nevada, Page 1671 (CHAPTER 694, AB 500)κ
services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.
2. The welfare division shall adopt regulations prescribing the procedures to be followed at the hearing.
3. The decision of the hearing officer is a final decision. Any party, including the welfare division, who is aggrieved by the decision of the hearing officer may appeal that decision to the district court. The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the welfare division;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
________
Assembly Bill No. 121Committee on Economic Development, Small Business and Tourism
CHAPTER 695
AN ACT relating to economic development; providing that certain records of the commission on economic development are confidential; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If so requested by a client, the commission on economic development shall keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the executive director shall attach to the file containing the record or document a certificate signed by him stating that a request for confidentiality was made by the client and the date of the request.
2. Records and documents that are confidential pursuant to subsection 1 remain confidential until the client:
κ1987 Statutes of Nevada, Page 1672 (CHAPTER 695, AB 121)κ
(a) Initiates any process regarding the location of his business in Nevada which is within the jurisdiction of a state agency other than the commission; or
(b) Decides to locate his business in Nevada.
Sec. 2. NRS 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.030 to 231.130, inclusive, and section 1 of this act, unless the context otherwise requires, motion pictures includes films to be shown in theaters and on television, industrial, training and educational films, commercials for television, and video discs and tapes.
Sec. 3. This act expires by limitation on July 1, 1989.
________
Senate Bill No. 397Committee on Human Resources and Facilities
CHAPTER 696
AN ACT relating to physicians; providing for a waiver of certain requirements for a license to practice medicine upon the petition of the board of county commissioners of certain counties; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county whose population is less than 18,000 may petition the board of medical examiners to waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in that county. The board of medical examiners may waive that requirement and issue a license if the applicant:
(a) Is a graduate of a medical school in the United States or Canada approved by the Liaison Committee for Medical Education of the American Medical Association or the Committee for Accreditation of Canadian Medical Schools of the Canadian Medical Association, respectively;
(b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively; and
(c) Meets all other conditions and requirements for a license to practice medicine.
2. Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the county which petitioned for the waiver only. He shall apply to the board of medical examiners for renewal of that waiver every 2 years after he is licensed.
κ1987 Statutes of Nevada, Page 1673 (CHAPTER 696, SB 397)κ
Sec. 2. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the board a license authorizing him to practice.
2. [A] Except as otherwise provided in section 1 of this act, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has completed the course of study set forth in section 1 of [this act] chapter 111, Statutes of Nevada 1987, and received the degree of Doctor of Medicine from a medical school:
(1) Approved by the Liaison Committee for Medical Education of the American Medical Association and American Association of Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee for Medical Education,
which he attended the 2 years immediately preceding the granting of the degree;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination; or
(3) All parts of a licensing examination given by any state or territory of the United States if the applicant is certified by a specialty board of the American Board of Medical Specialties. Any licensee licensed under this subparagraph must be issued a license to practice medicine in this state restricted to practice in the area of his certification only;
(d) Has completed 3 years of:
(1) Graduate education as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and
(e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b) of subsection 2.
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1674κ
Senate Bill No. 383Senator Jacobsen
CHAPTER 697
AN ACT relating to medical care for indigent persons; authorizing the Nevada tax commission to establish a maximum rate for the levy of ad valorem taxes by certain counties to provide aid and relief for indigent persons; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 428.050 is hereby amended to read as follows:
428.050 1. In addition to the tax levied pursuant to NRS 428.285, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax [for the purposes of providing] to provide aid and relief to those persons coming within the purview of this chapter. [This] Except as otherwise provided in subsection 2, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation.
2. The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.
3. No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 and NRS 428.285, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.
[3.] 4. No interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners for the purpose of providing resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1 , [and] 2 and 3 and NRS 428.265, 428.275 and 428.285.
Sec. 2. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Nevada tax commission shall, upon request by the board of county commissioners, establish a rate for the levy of taxes ad valorem to provide aid and relief for indigent persons in a county in which there was no levy adopted for that purpose in the fiscal year ending June 30, 1971. The revenue collected from the taxes so levied must not exceed $54,000.
2. The revenue received from the rate established by the Nevada tax commission pursuant to subsection 1 must be added to the maximum:
(a) Amount of revenue from taxes ad valorem; and
κ1987 Statutes of Nevada, Page 1675 (CHAPTER 697, SB 383)κ
(b) Allowable combined revenue from the supplemental city-county relief tax and taxes ad valorem,
for that county.
Sec. 3. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, have the meanings ascribed to them in those sections.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 30Committee on Human Resources and Facilities
CHAPTER 698
AN ACT relating to health insurance; requiring the establishment of a program to provide health insurance for certain children; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The director shall establish and administer a program through which a person may donate money to provide health insurance for a child whose parents or guardians are not able to provide such insurance.
2. The director shall, by regulation:
(a) Establish a standard of eligibility for the enrollment of children in the program; and
(b) Specify the benefits which must be provided in the policy of health insurance.
3. The director may adopt regulations which are otherwise necessary to the administration of the program.
Sec. 3. 1. The director may accept gifts or grants of money to establish the program required by section 2 of this act.
2. Money received by the director pursuant to subsection 1 must be deposited with the state treasurer for credit to the account for health insurance for children in the state general fund. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Money in the account must only be used for the purposes of the program established pursuant to section 2 of this act.
Sec. 4. The director of the department of human resources shall not administer the program required by section 2 of this act until the account for health insurance for children contains an amount which is sufficient to operate the program.
κ1987 Statutes of Nevada, Page 1676 (CHAPTER 698, SB 30)κ
health insurance for children contains an amount which is sufficient to operate the program.
________
Senate Bill No. 190Committee on Judiciary
CHAPTER 699
AN ACT relating to statutory liens; requiring under certain circumstances the payment of a hospitals lien on a judgment or settlement to be made by issuing to the hospital a separate check or other negotiable instrument; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.650 is hereby amended to read as follows:
108.650 1. Any person [, firm or corporation, or his, their or its insurance carrier,] or his insurer who, after the receipt of a certified copy of the notice of lien [in compliance with] pursuant to NRS 108.610, [shall make] makes any payment to the injured person, his heirs, personal representatives or the attorney for any of them, as compensation for the injury suffered, without paying the hospital the reasonable value of hospitalization rendered [such] to the injured person and claimed in its notice of lien or so much thereof as can be satisfied out of the [moneys] money due under any final judgment, settlement or compromise, after paying the [attorney] attorneys fees, costs and expenses incurred in connection therewith and any prior liens, [shall,] is, for a period of 180 days after the date of [such payment, be] that payment, liable to the hospital for the amount or part thereof which the hospital was entitled to receive. The hospital [shall, within such period, have] has, within that period, a cause of action or other claim for relief against the person [, firm or corporation making any such] or insurer making the payment, which may be prosecuted and maintained in any county wherein the notice of lien [has been] was filed.
2. If the hospital is publicly owned or not for profit, the person or his insurer shall make the payment to the hospital by issuing to the hospital a separate check or other negotiable instrument.
________
κ1987 Statutes of Nevada, Page 1677κ
Assembly Bill No. 858Assemblymen May, Schofield, Price, Adler, Bergevin, McGaughey, Freeman, Wisdom, Thompson, Brookman and Nevin
CHAPTER 700
AN ACT relating to gifts; creating the Nevada gift and endowment fund; and providing other matters properly relating thereto.
[Approved June 21, 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:
1. The Nevada gift and endowment fund is hereby created as a trust fund in the state treasury.
2. The state treasurer shall deposit in the fund any money he receives from any person who wishes to contribute to the fund as a token of his appreciation for the benefits he received as a resident of or visitor to this state or to further the excellent quality of life which is unique to this state.
3. The fund must be administered by a committee consisting of the governor, the state treasurer and the secretary of state.
4. The fund must only be used for the greatest good and highest benefit of the majority of the residents of this state. Any interest earned on money in the fund must be credited to the fund. The money which represents the principal of the fund must not be spent and only the interest earned on the principal may be used to carry out the provisions of this section.
5. During the last week of each October, in conjunction with the celebration of Nevada Day, the governor shall issue a proclamation declaring the existence of the fund and the uses and benefits thereof.
________
Senate Bill No. 214Committee on Human Resources and Facilities
CHAPTER 701
AN ACT relating to occupational licensing; making various changes relating to the licensing of audiologists and speech pathologists; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 637B.080 is hereby amended to read as follows:
637B.080 The provisions of this chapter do not apply to:
1. Any physician or any person who is working with patients or clients under the direct , immediate supervision of a physician and for whom the physician is directly responsible.
κ1987 Statutes of Nevada, Page 1678 (CHAPTER 701, SB 214)κ
under the direct , immediate supervision of a physician and for whom the physician is directly responsible.
2. Any hearing aid specialist who is licensed pursuant to chapter 637A of NRS and who is acting within the scope of his license.
3. Any person who:
(a) Holds a current credential as an audiologist or a speech pathologist issued by the department of education;
(b) Is employed as an audiologist or a speech pathologist by a federal agency or the department of human resources;
(c) Is a graduate student intern enrolled in [the University of Nevada] a program or school approved by the board and is pursuing a graduate degree in audiology or speech pathology; [or]
(d) Is a registered nurse employed as a school nurse [,] ; or
(e) Holds a current certificate from the Council on the Education of the Deaf as a teacher of the deaf,
and who does not engage in the private practice of audiology or of speech pathology in this state.
Sec. 2. NRS 637B.290 is hereby amended to read as follows:
637B.290 A person shall not engage in the practice of audiology or speech pathology in this state without [first obtaining a] holding a valid license to do so as provided in this chapter.
________
Assembly Bill No. 621Committee on Government Affairs
CHAPTER 702
AN ACT relating to cooperative agreements; expanding the authority of local governments and state agencies to enter into agreements to purchase insurance or to establish plans of self-insurance; and providing other matters properly relating thereto.
[Approved June 21, 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 the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Any two or more political subdivisions of this state, agencies of the state or the University of Nevada System 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;
κ1987 Statutes of Nevada, Page 1679 (CHAPTER 702, AB 621)κ
(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 of protection.
2. Any such agreement may obligate the respective parties to pledge revenues or contribute money to secure the obligations or pay the expenses of the cooperative undertaking and may provide for the establishment of a separate entity to administer the undertaking.
Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, any party to an agreement entered into pursuant to section 2 of this act, or any entity established by such an agreement, may:
(a) Obligate itself to contribute money for the purchase of insurance, the establishment of a reserve or fund for coverage, the payment of any debt, or for any other purpose related to the undertaking;
(b) Borrow money for any such purpose;
(c) Issue notes and bonds evidencing the borrowing; and
(d) Secure payment of the notes and bonds by a pledge of revenues.
2. Except as otherwise provided in subsection 3, any obligation to contribute money which is undertaken pursuant to a cooperative agreement:
(a) Is binding notwithstanding that it is intended to remain in force beyond the current budget year or the terms of office of the present members of the governing body of the obligor.
(b) If undertaken to pay any debt, does not remain in force more than 30 years after the date of the borrowing.
(c) If undertaken to pay claims and administrative expenses, does not remain in force more than 5 years, except with respect to claims arising from occurrences during the period it is in force.
3. Except for a pledge of revenues or obligation to contribute money which pledges revenues or commits money derived from a source other than taxation, any pledge or obligation which is made or undertaken pursuant to a cooperative agreement by an agency of the state or the University of Nevada System, does not remain in force after the end of the biennium in which it is made or undertaken.
Sec. 4. 1. Sections 2 and 3 of this act provide full authority for the exercise of the powers granted in those sections. No other act or law relating to the authorization or issuance of securities that provides for an election applies to any proceedings taken or acts done pursuant to those sections.
2. An issuance of bonds or notes, pledge of revenues, or obligation to contribute money which is made or undertaken pursuant to sections 2 and 3 of this act shall be deemed not to create indebtedness for the purposes of any limitation on indebtedness contained in any general or special law or charter.
3. Except as otherwise provided in this section and in sections 2 and 3 of this act, the issuance of any bonds or notes pursuant to section 3 of this act must be made in accordance with:
(a) The Local Government Securities Law, if the bonds or notes are issued by or on behalf of a municipality as that term is defined in NRS 350.542;
κ1987 Statutes of Nevada, Page 1680 (CHAPTER 702, AB 621)κ
(b) The State Securities Law, if the bonds or notes are issued by or on behalf of an agency of the state; or
(c) The University Securities Law, if the bonds or notes are issued by or on behalf of the University of Nevada System.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 357Committee on Finance
CHAPTER 703
AN ACT relating to state financial administration; authorizing advances from the state general fund for budget accounts which receive administrative assessments; and providing other matters properly relating thereto.
[Approved June 21, 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 a new section to read as follows:
1. The state controller shall draw his warrant, upon application by an agency responsible for the administration of an account which is wholly or partially supported by administrative assessments pursuant to NRS 176.059, for not more than 1/12th in any month of the portion of the total money received in the previous year which represents the share of administrative assessments presently allocated to the account.
2. An agency shall not apply for an advance pursuant to subsection 1 unless the application is first approved by the director of the department of administration.
3. Any money which is advanced from the state general fund to an account pursuant to subsection 1, must be repaid as soon as the money which the advance replaced is deposited in the account. If the money deposited in the account in any fiscal year is insufficient to pay back the money advanced, an amount equal to the shortfall is hereby contingently appropriated from the state general fund to the account.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1681κ
Senate Bill No. 307Committee on Taxation
CHAPTER 704
AN ACT relating to taxation of electrical power plants; requiring an interim study of the methods of distributing revenues from the taxation of large electrical power plants; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative commission shall:
(a) Contract with consultants to conduct an interim study of the methods of distributing revenues from the taxation of large electrical power plants.
(b) Appoint five legislators to serve as an oversight committee for the study.
2. The legislative commission may also appoint other interested persons to serve as nonvoting members of the oversight committee. The nonvoting members are not entitled to receive any compensation or reimbursement for expenses from the state for their work on the committee.
3. The legislative members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which they attend a meeting of the committee or are otherwise engaged in work of the committee plus the per diem allowance and travel expenses provided for state officers and employees generally, to be paid from the legislative fund.
4. The legislative commission may accept gifts of money from public utilities to pay for the consultants authorized to conduct the study pursuant to paragraph (a) of subsection 1.
Sec. 2. The oversight committee shall:
1. Define the scope of the study.
2. Establish a schedule for completion of the study.
3. Select the consultants and negotiate the terms of the contract.
4. Require scheduled progress reports from the consultants to ensure that:
(a) The consultants are adhering to the scope of the study as established by the oversight committee; and
(b) The study is completed as scheduled.
Sec. 3. The legislative commission shall submit a report of the study and any recommended legislation to the 65th session of the legislature.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1682κ
Assembly Bill No. 571Committee on Government Affairs
CHAPTER 705
AN ACT relating to local improvements; authorizing a special assessment for the maintenance of certain projects of a local government; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is more than 100,000 but less than 250,000, on or before June 30 of each year after the levy of an assessment within an improvement district located in a redevelopment area selected pursuant to NRS 279.524 to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing a project, the governing body may prepare and approve an estimate of the expenditures required during the ensuing year for the extraordinary maintenance, repair and improvement of the project.
2. The governing body may adopt a resolution, after a public hearing, determining to levy and collect in any year upon and against all of the assessable property within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subsection 1 for the extraordinary maintenance, repair and improvement of the project. Notice of the hearing must be given, and the hearing conducted, in the manner specified in NRS 271.305.
3. The special assessment must be levied, collected and enforced at the same time, in the same manner, by the same officers and with the same interest and penalties as other special assessments levied pursuant to this chapter. The proceeds of the assessment must be placed in a separate fund of the municipality and expended only for the extraordinary maintenance, repair or improvement of the project.
4. As used in this section, extraordinary maintenance, repair and improvement includes all expenses ordinarily incurred not more than once every 5 years to keep the project in a fit operating condition. Expenses which are ordinarily incurred more than once every 5 years may be included only if the governing body expressly finds that the expenses must be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual because of special circumstances relating to the project for which the assessment is levied, including its use, location or operation and other circumstances. If the governing body makes such a finding, a statement of that finding must be included in the notice given pursuant to subsection 2.
________
κ1987 Statutes of Nevada, Page 1683κ
Senate Bill No. 56Senators Beyer and Horn
CHAPTER 706
AN ACT relating to redevelopment of communities; revising the distribution of certain revenue to certain redevelopment agencies and tax increment areas; limiting the size of certain redevelopment agencies and tax increment areas; limiting the duration of redevelopment agencies and tax increment areas; excluding taxable property of redevelopment agencies and tax increment areas from maximum allowable revenue from taxes ad valorem of local governments and including that property in the maximum combined allowable revenue of local governments; and providing other matters properly relating thereto.
[Approved June 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. An agency created on or after July 1, 1987, expires 30 years after the date on which the resolution adopted pursuant to NRS 279.428 becomes effective.
Sec. 3. 1. Securities must not be issued and no indebtedness may be incurred in any other manner, by or on behalf of an agency after 20 years after the date on which the resolution adopted pursuant to NRS 279.428 becomes effective. The maturity date of any securities which are refunded must not extend beyond the last original maturity date.
2. Any securities issued by or on behalf of an agency pursuant to NRS 279.620 to 279.626, inclusive, and 279.634 to 279.672, inclusive, must mature and be fully paid, including any interest thereon, before the expiration of the agency.
Sec. 4. NRS 279.382 is hereby amended to read as follows:
279.382 The provisions contained in NRS 279.382 to 279.680, inclusive, [shall be known and] and sections 2 and 3 of this act, may be cited as the Community Redevelopment Law.
Sec. 5. NRS 279.438 is hereby amended to read as follows:
279.438 [The legislative body of the community may order the dissolution of an agency if the agency has no outstanding bonded indebtedness, and if the unanimous written consent of the members of the agency is first obtained.] An agency created before July 1, 1987, expires at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date are fully paid or at the time provided in section 2 of this act, whichever is later.
Sec. 6. NRS 279.519 is hereby amended to read as follows:
279.519 1. A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include, in addition to blighted area, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.
κ1987 Statutes of Nevada, Page 1684 (CHAPTER 706, SB 56)κ
buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.
2. The area included within a redevelopment area may be contiguous or noncontiguous.
3. The taxable property in a redevelopment area must not be included in any subsequently created redevelopment area until at least 50 years after the effective date of creation of the first redevelopment area in which the property was included.
Sec. 7. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date.
(b) That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. [If a portion of the taxes is distributed to an agency, that agency is entitled to receive a portion of the supplemental city-county relief tax allocated to the municipality equal to the total amount of supplemental city-county relief tax distributed to the municipality, including the agency, less that amount which would have been distributed excluding the agency.
κ1987 Statutes of Nevada, Page 1685 (CHAPTER 706, SB 56)κ
allocated to the municipality equal to the total amount of supplemental city-county relief tax distributed to the municipality, including the agency, less that amount which would have been distributed excluding the agency.
3.] Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency in combination with the total revenue paid to any other redevelopment agencies and any tax increment areas of a municipality must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 8. NRS 354.59805 is hereby amended to read as follows:
354.59805 Except as otherwise provided in NRS 354.59816 and section 1 of [this act,] Assembly Bill No. 698 of this session, 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 excluding the assessed valuation attributable to a redevelopment area or tax increment area and 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.
κ1987 Statutes of Nevada, Page 1686 (CHAPTER 706, SB 56)κ
(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. 9. NRS 354.59811 is hereby amended to read as follows:
354.59811 For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding net proceeds of mines [,] and the assessed valuation attributable to a redevelopment area or tax increment area, it will produce 104.5 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.
2. This rate must then be applied to the total assessed valuation, excluding net proceeds of mines but including new real property, possessory interests and mobile homes, for the current fiscal year.
Sec. 10. NRS 354.59816 is hereby amended to read as follows:
354.59816 1. For the fiscal years beginning on and after July 1, 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including the assessed valuation of property on the central assessment roll allocated to the local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by 80 percent of the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government, including the assessed valuation of property added to the central assessment roll in the past year and allocable to the local government.
κ1987 Statutes of Nevada, Page 1687 (CHAPTER 706, SB 56)κ
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation, including the assessed valuation of property on the central assessment roll allocable to the local government but excluding net proceeds of mines, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
2. If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.
3. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
Sec. 11. Chapter 361B of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act.
Sec. 12. 1. A tax increment area which is created on or after July 1, 1987, expires 30 years after the date on which the ordinance which creates the area becomes effective.
2. A tax increment area created before July 1, 1987, expires at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date are fully paid or at the time provided in subsection 1, whichever is later.
Sec. 13. 1. The municipality shall not issue any securities or in any other manner incur indebtedness for a tax increment area after 20 years after the date on which the ordinance which created the area became effective. The maturity date of any securities which are refunded must not extend beyond the last original maturity date.
2. Any securities issued by a municipality for a tax increment area pursuant to this chapter must mature and be fully paid, including any interest thereon, before the expiration of the tax increment area.
Sec. 14. NRS 361B.140 is hereby amended to read as follows:
361B.140 Tax increment area means the area:
1. Whose boundaries are coterminous with those of a specially benefited zone established under chapter 274 of NRS [;] , except as otherwise provided in subsection 3 of NRS 361B.170;
2. Specially benefited by an undertaking under this chapter;
3. Designated by ordinance as provided in subsection 3 of NRS 361B.240; and
4. In which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to the tax increment account under NRS 361B.260.
κ1987 Statutes of Nevada, Page 1688 (CHAPTER 706, SB 56)κ
Sec. 15. NRS 361B.170 is hereby amended to read as follows:
361B.170 1. Except as provided in [subsection 2,] subsections 2 and 3, the governing body, on the behalf and in the name of the municipality, may at any time designate a tax increment area comprising any specially benefited zone within the municipality designated and approved under chapter 274 of NRS, for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment, or any combination thereof, of a project or projects authorized in the County Bond Law or the City Bond Law, including without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.
2. The right of way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.
3. The taxable property of a tax increment area must not be included in any subsequently created tax increment area until at least 50 years after the effective date of creation of the first tax increment area in which the property was included.
Sec. 16. NRS 361B.260 is hereby amended to read as follows:
361B.260 1. After the effective date of the ordinance, including any supplemental ordinance adopted pursuant to NRS 361B.250, unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the municipality and any public body must be divided as follows:
[1.] (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as taxes on all other property are paid.
[2. The] (b) Except as otherwise provided in subsection 2, the portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies.
κ1987 Statutes of Nevada, Page 1689 (CHAPTER 706, SB 56)κ
agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a tax increment area in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a tax increment areas but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a tax increment area any amount which was being paid before July 1, 1987, and in anticipation of which the area became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the last equalized assessment roll referred to in subsection 1 is the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.
Sec. 17. NRS 361B.290 is hereby amended to read as follows:
361B.290 The municipality may:
1. Accept contributions or loans from the Federal Government, the state or any public body, or any combination thereof, for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise pertaining to an undertaking in which the municipality is authorized to engage, and may enter into contracts and cooperate with, and accept cooperation from, the Federal Government, the state or any public body, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise in accordance with any legislation which Congress, the state legislature or the governing body of any public body, or any combination thereof, may have adopted before or may adopt on or after July 1, 1983, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance and operation or in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and may do any or all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation enacted before, on or after July 1, 1983.
κ1987 Statutes of Nevada, Page 1690 (CHAPTER 706, SB 56)κ
improvement, equipment, maintenance and operation of any such enterprise, including without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and may do any or all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation enacted before, on or after July 1, 1983.
2. Enter into, without any election, joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements for any term not [exceeding 50 years,] extending beyond the expiration of the tax increment area, with the Federal Government, the state and any public body, or any combination thereof, concerning the undertaking, and any project or property pertaining thereto, whether acquired by the city, by the Federal Government, by the state or by any public body, and may accept grants and contributions from the Federal Government, the state, any public body or any person, or any combination thereof in connection therewith.
3. Enter into and perform, without any election, when determined by the governing body of the municipality to be in the public interest, contracts and agreements, for any term not [exceeding 50 years,] extending beyond the expiration of the tax increment area, with the Federal Government, the state, any public body or any person, or any combination thereof, for the provision and operation by the municipality of any facilities whether or not pertaining to the undertaking of the municipality or any project relating thereto and the payment periodically thereby to the municipality of amounts at least sufficient, if any, in the determination of the governing body, to compensate the municipality for the cost of providing, operating and maintaining the facilities serving the Federal Government, the state, the public body or the person, or otherwise.
4. Enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person, or combination thereof, for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the municipality or to any undertaking or any project of the municipality, or otherwise, including without limitation, any contract or agreement for any term not [exceeding 50 years.] extending beyond the expiration of the tax increment area.
5. Cooperate with and act in conjunction with the Federal Government, or any of its engineers, officers, boards, commissions or departments, or with the state, or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the municipality or for any other works, acts or purposes provided for herein, and may adopt and carry out any definite plan or system of work for any such purpose.
κ1987 Statutes of Nevada, Page 1691 (CHAPTER 706, SB 56)κ
6. Cooperate with the Federal Government, the state or any public body, or any combination thereof, by an agreement therewith by which the municipality may:
(a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights of way necessary for the acquisition, improvement or equipment, or any combination thereof, of any properties pertaining to the undertaking or any other facilities;
(b) Hold and save harmless the cooperating entity free from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation, or any combination thereof, of any facilities;
(c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity; and
(d) Adopt and enforce regulations, if any, concerning the facilities and satisfactory to the cooperating entity.
7. Provide, by any contract for any term not [exceeding 50 years,] extending beyond the expiration of the tax increment area, or otherwise, without an election:
(a) For the joint use of personnel, equipment and facilities of the municipality, the Federal Government, the state and any public body, or any combination thereof, including without limitation, public buildings constructed by or under the supervision of the governing body of the municipality or the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the municipality as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the municipality, the Federal Government, the state, any such public body and any persons of interest, as the case may be; and
(b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities, any project or the undertaking, now existing or hereafter established in the municipality, upon such terms and conditions as may be determined for the equitable apportionment of the expenses therefrom resulting.
8. In connection with any facilities of the municipality or any part of the facilities, acquired or proposed in connection with an undertaking, or with any project, consult with any regulatory or other agency of the Federal Government, the state or any public body and submit plans, specifications or other instruments or documents, or any combination thereof, to each such governmental agency for its review, recommendations and other comments.
Sec. 18. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
κ1987 Statutes of Nevada, Page 1692 (CHAPTER 706, SB 56)κ
Political Subdivision Percent-
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. 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, any tax increment area 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 , including assessed valuation attributable to a redevelopment agency or tax increment area but 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.
κ1987 Statutes of Nevada, Page 1693 (CHAPTER 706, SB 56)κ
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.
(c) Of a local government listed in subsection 1 of section 1 of [this act] Assembly Bill No. 698 of this session does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
Sec. 19. NRS 482.181 is hereby amended to read as follows:
482.181 1. [The] Except as otherwise provided in subsection 3, the department shall certify monthly to the state board of examiners the amount of the privilege tax collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
3. An amount equal to any privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
4. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100.
κ1987 Statutes of Nevada, Page 1694 (CHAPTER 706, SB 56)κ
$100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[4.] 5. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 20. If a municipality entered into an agreement before July 1, 1987, pursuant to NRS 361B.290 which extends beyond the date of expiration of the tax increment area pursuant to section 12 of this act, the area does not expire until the end of the term of the agreement.
Sec. 21. Sections 9 and 10 of this act become effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 435Committee on Commerce and Labor
CHAPTER 707
AN ACT relating to public utilities; eliminating the prohibition against the consideration of certain applications for changes in rates; and providing other matters properly relating thereto.
[Approved June 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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] Assembly Bill No. 447 of this session.
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 proposed, 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.
κ1987 Statutes of Nevada, Page 1695 (CHAPTER 707, SB 435)κ
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.
6.] 4. 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.] 5. In making the determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 2. This act becomes effective on July 1, 1987 at 12:01 a.m.
________
Senate Bill No. 351Senators Wagner, Townsend, Beyer, Coffin, Hickey, Horn, Jacobsen, Jones, Malone, Mello, Neal, ODonnell, Rawson, Rhoads, Shaffer and Vergiels
CHAPTER 708
AN ACT making an appropriation for the purchase of additional books and material for public libraries; and providing other matters properly relating thereto.
[Approved June 21, 1987]
Whereas, It is in the interest of the people and of the state that there be a general diffusion of information and knowledge through the continued operation of free public libraries; and
Whereas, The public library is a supplement to the formal system of free public education and a source of information and inspiration to persons of all ages, cultural backgrounds and economic statuses; and
Whereas, A local public library is a resource for continuing education and reeducation beyond the years of formal education and as such deserves adequate financial support from government at all levels; now, therefore
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 following counties, cities and library districts, the following sums to purchase books and other library materials:
κ1987 Statutes of Nevada, Page 1696 (CHAPTER 708, SB 351)κ
the following counties, cities and library districts, the following sums to purchase books and other library materials:
Carson City................................................................................................. $12,992
Churchill County........................................................................................ 8,504
City of North Las Vegas............................................................................ 16,034
Boulder City Library District.................................................................... 5,000
Henderson Library District....................................................................... 5,000
Las Vegas/Clark County Library District................................................ 5,000
Douglas County......................................................................................... 10,378
Elko County................................................................................................ 10,304
Esmeralda County...................................................................................... 5,306
Eureka County............................................................................................ 5,339
Humboldt County...................................................................................... 7.621
Lander County............................................................................................ 5,996
Lincoln County........................................................................................... 5,931
Lyon County............................................................................................... 8,981
Mineral County.......................................................................................... 6,359
Nye County................................................................................................. 6,878
Pahrump Library District........................................................................... 5,000
Pershing County........................................................................................ 5,854
Storey County............................................................................................ 5,395
Washoe County......................................................................................... 56,398
White Pine County.................................................................................... 6,730
Sec. 2. Any balance of the sums appropriated 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 committed have been made.
Sec. 3. The sums appropriated by section 1 of this act may not be used to reduce or replace the amount designated in the budget of any public library for purchasing books in the fiscal years 1987-1988 or 1988-1989 below the amount designated in the budget of the public library for that purpose for the fiscal year 1986-1987.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1697κ
Senate Bill No. 511Committee on Judiciary
CHAPTER 709
AN ACT relating to civil liability; revising the provisions governing comparative negligence; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.141 is hereby amended to read as follows:
41.141 1. In any action to recover damages for death or injury to persons or for injury to property in which [contributory negligence may be] comparative negligence is asserted as a defense, the [contributory] comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the [person or persons] parties to the action against whom recovery is sought . [, but any damages allowed must be diminished in proportion to the amount of negligence attributable to the person seeking recovery or his decedent.]
2. In those cases, the judge [may and when requested by any party] shall instruct the jury that:
(a) The plaintiff may not recover if his [contributory] comparative negligence or that of his decedent [has contributed more to the injury] is greater than the negligence of the defendant or the combined negligence of multiple defendants.
(b) If the jury determines the plaintiff is entitled to recover, it shall return:
(1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to his [contributory negligence.] comparative negligence; and
(2) A special verdict indicating the percentage of negligence attributable to each party [.
(3) By general verdict the net sum determined to be recoverable by the plaintiff.] remaining in the action.
3. If a defendant in such an action settles with the plaintiff before the entry of judgment, the comparative negligence of that defendant and the amount of the settlement must not thereafter be admitted into evidence nor considered by the jury. The judge shall deduct the amount of the settlement from the net sum otherwise recoverable by the plaintiff pursuant to the general and special verdicts.
4. Where recovery is allowed against more than one defendant in such an action, [the defendants are jointly and severally liable to the plaintiff, except that a defendant whose negligence is less than that of the plaintiff or his decedent is not jointly liable and] except as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to him.
κ1987 Statutes of Nevada, Page 1698 (CHAPTER 709, SB 511)κ
5. This section does not affect the joint and several liability, if any, of the defendants in an action based upon:
(a) Strict liability;
(b) An intentional tort;
(c) The emission, disposal or spillage of a toxic or hazardous substance;
(d) The concerted acts of the defendants; or
(e) An injury to any person or property resulting from a product which is manufactured, distributed, sold or used in this state.
Sec. 2. The provisions of this act do not apply to a claim that accrues before July 1, 1987.
________
Senate Bill No. 156Committee on Commerce and Labor
CHAPTER 710
AN ACT relating to the healing arts; requiring a prescription issued by an ophthalmologist or optometrist for an ophthalmic lens to be in a certain form; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The form for any prescription which is issued for an ophthalmic lens by an ophthalmologist in this state must contain lines or boxes in substantially the following form:
Approved for contact lenses.............................................................. ___________
Not approved for contact lenses....................................................... ___________
2. The prescribing ophthalmologist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.
Sec. 2. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The form for any prescription which is issued for an ophthalmic lens by an optometrist in this state must contain lines or boxes in substantially the following form:
Approved for contact lenses................................................ ___________
Not approved for contact lenses......................................... ___________
κ1987 Statutes of Nevada, Page 1699 (CHAPTER 710, SB 156)κ
2. The prescribing optometrist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.
________
Senate Bill No. 552Committee on Finance
CHAPTER 711
AN ACT making an appropriation to the Commission on Economic Development to complete an application to the Federal Government to locate the superconducting super collider in Nevada; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Commission on Economic Development the sum of $445,000 to complete an application to the Federal Government to locate the superconducting super collider in Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 508Assemblymen Fay and Jeffrey
CHAPTER 712
AN ACT relating to municipal corporations; revising the procedure for incorporating a city; removing the authority for incorporating a town; revising the provisions governing the commission form of government; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 265.010 is hereby amended to read as follows:
265.010 No city or town in this state [shall] may be organized into an incorporated city [or town] unless more than 250 electors residing within the limits of [such] the city or town cast ballots at the general election last preceding the application for incorporation.
κ1987 Statutes of Nevada, Page 1700 (CHAPTER 712, AB 508)κ
Sec. 2. NRS 265.030 is hereby amended to read as follows:
265.030 If the whole number of electors, residing within the limits of any incorporated city [or town] who cast ballots at any general election, [shall be] is less than 150, [such city or town shall be] that city is disincorporated from and after the 1st Monday in March next succeeding [such] that general election.
Sec. 3. NRS 265.090 is hereby amended to read as follows:
265.090 1. It [shall be] is lawful for any governing board of any incorporated city [or town] in this state to cause to be filed in the office of the secretary of state and in the office of the attorney general its declaration that [such city or town] the city is and remains [duly] incorporated according to law. If such declaration [be] is not substantially true the attorney general shall immediately proceed according to law to establish or disprove the right of [such city or town] the city to act as an incorporated city . [or town.]
2. The attorney general shall consult the official records from time to time and advise the secretary of state, in writing, declaring the date when any incorporated city [or town shall be and become] becomes disincorporated by the force of NRS 265.010 to 265.100, inclusive, and the secretary of state shall keep such advices in writing on file and of record in his office.
3. [Nothing in this section shall be deemed to] This section does not provide any condition affecting the taking effect of NRS 265.010 to 265.100, inclusive, or in any manner postponing the [same.] effect of those sections.
Sec. 4. Chapter 266 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 32, inclusive, of this act.
Sec. 5. As used in sections 5 to 32, inclusive, of this act, unless the context otherwise requires, qualified elector means a person who is registered to vote in this state and is a resident of the area to be included in the proposed city, as shown by the last official registration lists.
Sec. 6. The area of a city proposed to be incorporated pursuant to sections 5 to 32, inclusive, of this act, must:
1. Be contiguous.
2. Not include any area within the boundaries of an existing incorporated city.
3. If the area of a city proposed to be incorporated includes the area of any unincorporated town, include the entire area of the unincorporated town.
Sec. 7. 1. If a committee of five qualified electors wishes to organize an incorporated city, it may file a notice to incorporate with the county clerk of the county in which the city proposed to be incorporated is located.
2. The notice to incorporate must include:
(a) A copy of the petition for incorporation which will be circulated; and
(b) An affidavit signed by each member of the committee.
3. The affidavit must include:
(a) A statement that the committee will be responsible for circulating and filing the petition with the county clerk;
κ1987 Statutes of Nevada, Page 1701 (CHAPTER 712, AB 508)κ
(b) The names and addresses of the members of the committee; and
(c) The address to which written notices relating to the incorporation must be sent.
Sec. 8. 1. The petition for incorporation must:
(a) Include a description of the area to be incorporated;
(b) State the proposed name of the city to be incorporated; and
(c) Have affixed to it an accurate map or plat of the city proposed to be incorporated and proof of the number of persons who reside within the city.
2. The petition must be substantially in the following form:
PETITION FOR INCORPORATION
To the Board of County Commissioners of .................... County, Nevada:
We, the undersigned qualified electors of the State of Nevada respectfully petition the board of county commissioners to submit a proposal to incorporate as a city certain unincorporated contiguous area located within .................... County namely, .................... (described area to be incorporated), to the qualified electors who reside within the area to be incorporated, for their approval or disapproval at a special election to be held for that purpose.
Each signer of this petition states:
1. I have personally signed this petition as a qualified elector of this state; and
2. I have correctly stated on this petition my residence, mailing address and the date of my signature.
Sec. 9. 1. The petition may consist of more than one document. Each document must:
(a) Be uniform in size and form;
(b) Have affixed to it when filed, an affidavit signed by the person who circulated the petition which attests that:
(1) He personally circulated the document;
(2) Each signature contained in the document was signed in his presence and is genuine to the best of his knowledge and belief; and
(3) Each signer had an opportunity before signing to examine the document and the information which is required to be attached to the document pursuant to subsection 1 of section 8 of this act.
2. Each document of the petition must have affixed to it the information described in subsection 1 of section 8 of this act.
Sec. 10. 1. The county clerk shall invalidate the signature of any qualified elector if the signature is not signed in ink and dated or if the signature is executed before the notice to incorporate and the petition for incorporation are filed with the county clerk pursuant to section 7 of this act. The county clerk shall not invalidate a signature because it does not correspond exactly to the signature on the registrar of voters register if he is able to determine the identity of the signer from the signature on the petition.
κ1987 Statutes of Nevada, Page 1702 (CHAPTER 712, AB 508)κ
2. A petition for incorporation must contain a number of signatures equal to at least one-third of the qualified electors within the boundaries of the city proposed to be incorporated.
3. The petition containing the required number of signatures must be filed with the county clerk within 90 days after the notice to incorporate is filed pursuant to section 7 of this act.
Sec. 11. 1. Within 30 days after the petition is filed pursuant to section 10 of this act, the county clerk shall verify the signatures and issue a certificate as to the sufficiency of the petition and send a copy of the certificate by registered or certified mail to the committee. If the petition is insufficient, the county clerk shall include in the certificate the reasons for the insufficiency of the petition.
2. A person who signs the petition may request that his name be removed from the petition by submitting to the county clerk a written request therefor under penalty of perjury not later than 15 days after the petition for incorporation is filed pursuant to section 10 of this act.
Sec. 12. 1. A petition which lacks the required number of signatures may be amended once if the committee files a notice to amend with the county clerk within 2 days after it receives written notice from the county clerk pursuant to section 11 of this act. The committee must file with the county clerk an amended petition containing the additional required signatures within 8 days after it files a notice to amend. An amended petition must comply with the requirements of the petition as originally filed.
2. Within 10 days after the amended petition is filed, the county clerk shall verify the signatures and send a copy of the certificate by registered or certified mail to the committee.
Sec. 13. 1. The county clerk shall promptly file with the board of county commissioners the certificate for:
(a) A petition or amended petition which he determines is sufficient; and
(b) A petition or amended petition which he determines is insufficient if a notice to amend or a notice to review is not timely filed by the committee. The sufficiency of the petition as certified by the county clerk shall be deemed a final determination of the board.
2. The committee may, within 2 days after it receives written notice from the county clerk that the petition or amended petition is insufficient, file a notice to review with the board of county commissioners. The board shall determine the sufficiency of the petition within 30 days after it receives the notice to review. The decision of the board is a final determination for the purposes of judicial review.
Sec. 14. 1. The board of county commissioners shall, within 30 days after it receives a petition which has been certified as sufficient by the county clerk or otherwise determined to be sufficient, designate a date, time and place for a public hearing on the petition.
2. The date of the public hearing must not be earlier than 14 days nor later than 30 days after the date on which the date, time and place of the public hearing was announced.
κ1987 Statutes of Nevada, Page 1703 (CHAPTER 712, AB 508)κ
3. The board of county commissioners shall cause notice of the public hearing, including a copy of the petition without signatures, to be published in a newspaper of general circulation within the county at least 7 days before the hearing is held.
Sec. 15. 1. The board of county commissioners shall keep a record of the hearing and allow any interested person to present oral or written testimony at the hearing. The board may invite representatives from state and local governments to present testimony.
2. The board may hold additional hearings but all hearings on the petition must be completed within 30 days after the initial hearing is held.
Sec. 16. (Deleted by amendment.)
Sec. 17. 1. The board of county commissioners shall, within 14 days after the hearing on the petition is completed, issue its opinion in writing on the advisability of the incorporation of the proposed area.
2. The board shall designate a date on which the election will be held. The date must not be earlier than 60 days nor later than 120 days after the board issues its opinion.
3. The board shall cause notice of the election to be published in a newspaper of general circulation within the county at least once each week for 3 consecutive weeks. The final publication of notice must be published before the day of the election.
4. The notice must include a copy of the petition, a description of the area proposed to be incorporated, the location of the polling places and the date and time of the election.
Secs. 18 and 19. (Deleted by amendment.)
Sec. 20. A petition for incorporation may be withdrawn at any time before the 30th day preceding the day of the election held pursuant to section 17 of this act if a notice of withdrawal signed by at least four members of the committee is filed with the county clerk. Upon filing the notice of withdrawal, no further action may be taken on the petition for incorporation.
Sec. 21. The ballots used for the election held pursuant to section 17 of this act must be in substantially the following form:
Shall the area described as .............................. (describe area) be incorporated as the City of .................... (name of city)?
Yes ..........
No ..........
The voter shall mark the ballot by placing a cross (x) next to the word yes or no.
Sec. 22. 1. The board of county commissioners shall canvass the votes in the same manner as votes are canvassed in a general election. Upon the completion of the canvass, the board shall immediately notify the county clerk of the result.
2. The county clerk shall immediately, upon receiving notice of the canvass from the board of county commissioners, cause to be published a notice of the results of the election in a newspaper of general circulation in the county.
κ1987 Statutes of Nevada, Page 1704 (CHAPTER 712, AB 508)κ
the county. If the incorporation is approved by the voters, the notice must include the class of the incorporated city according to population, as described in NRS 266.055. The county clerk shall file a copy of the notice with the secretary of state.
Sec. 23. The costs of carrying out the provisions relating to the incorporation, including the costs incurred in certifying the petition, publishing the notices and conducting the public hearing and election, are a charge against the county if the incorporation is disapproved by the voters, and a charge against the incorporated city if the incorporation is approved by the voters.
Sec. 24. 1. Upon approval of the incorporation by the voters, the board of county commissioners shall designate a date on which an election to elect the officers of the incorporated city will be held. The election must be held not less than 60 days nor more than 120 days after the election conducted pursuant to section 17 of this act.
2. The county clerk shall publish or cause to be published notice of the election in a newspaper of general circulation in the incorporated city. The notice must be published once each week for 3 consecutive weeks. If no newspaper of general circulation is published in the city, the county clerk shall post the notice in at least five public places in the city.
Sec. 25. A petition for incorporation must not be circulated for signatures or considered by the board of county commissioners for 1 year after the date on which:
1. A final determination of its insufficiency is made;
2. An election is held in which the proposed incorporation of the area is rejected by the voters;
3. A notice of withdrawal of a petition is filed with the county clerk pursuant to section 20 of this act;
4. A final disposition is made on a petition for incorporation which was previously filed with the county clerk if that petition included any area which is also included in the petition proposed to be circulated.
Sec. 26. A person who wishes to become a candidate for an elective office of a newly created city must:
1. Reside within the boundaries of the newly created city; and
2. File an affidavit of candidacy with the county clerk not less than 30 days nor more than 90 days before the date of the election.
Sec. 27. 1. The mayor of the city shall file three copies of the articles of incorporation of the city with the secretary of state.
2. The articles of incorporation must be signed and verified by the mayor and include the name of the city, a description of its location and the designation of its class according to population, as described in NRS 266.055.
3. The secretary of state shall certify the articles of incorporation upon receipt and send one copy to the county clerk of the county in which the city is located and one copy to the mayor of the city. The secretary of state shall retain a copy for his records and furnish a certified copy to any person who requests a copy upon payment of a reasonable fee as determined by the secretary of state.
κ1987 Statutes of Nevada, Page 1705 (CHAPTER 712, AB 508)κ
requests a copy upon payment of a reasonable fee as determined by the secretary of state.
Sec. 28. Before the incorporation of the city becomes effective, the elected officers of the city may:
1. Prepare and adopt a budget;
2. Adopt ordinances;
3. Levy a tax ad valorem on property within the area of the city, at the time and in the amount prescribed by law for cities, for the fiscal year beginning on the date the incorporation of the city becomes effective;
4. Negotiate an equitable apportionment of the fixed assets of the county pursuant to section 31 of this act;
5. Negotiate contracts for the employment of personnel;
6. Negotiate contracts to provide services for the city, including those services provided for by chapter 277 of NRS; and
7. Negotiate contracts for the purchase of equipment, materials and supplies.
Sec. 29. 1. The incorporation of a city becomes effective:
(a) If the election held pursuant to section 24 of this act is held on or before the 1st Tuesday after the 1st Monday of November, on July 1 of the year next following the election; or
(b) If the election held pursuant to section 24 of this act is held after the 1st Tuesday after the 1st Monday of November, 1 year after July 1 of the year next following the election.
2. A city which levies and collects a tax ad valorem on property for at least 2 years after its incorporation and whose existence as an incorporated city has not been challenged in the district court for the county in which the city is located, is conclusively presumed to be a lawfully existing incorporated city.
Sec. 30. 1. During the period from the filing of the notice of the results of the election by the county clerk pursuant to section 22 of this act until the date the incorporation of the city becomes effective, the county is entitled to receive the taxes and other revenue from the incorporated city and shall continue to provide services to the city.
2. All special districts, except fire protection districts, located within the boundaries of an incorporated city continue to exist within that city after the incorporation becomes effective.
Sec. 31. 1. The governing body of the incorporated city and the board of county commissioners of the county in which the incorporated city is located shall, before the date the incorporation becomes effective or within 90 days thereafter, equitably apportion those fixed assets of the county which are located within the boundaries of the incorporated city. The governing bodies shall consider the location, use and types of assets in determining an equitable apportionment between the county and the incorporated city.
2. Any real property and its appurtenances located within the incorporated city and not required for the efficient operation of the countys duties must first be applied toward the citys share of the assets of the county.
κ1987 Statutes of Nevada, Page 1706 (CHAPTER 712, AB 508)κ
county. Any real property which is required by the county for the efficient operation of its duties must not be transferred to the city.
3. If an agreement to apportion the assets of the county is not reached within 90 days after the incorporation of the city, the matter may be submitted to arbitration upon the motion of either party.
4. Any appeal of the arbitration award must be filed with the district court within 30 days after the award is granted.
Sec. 32. Any property located within an incorporated city which was assessed and taxed by the county before incorporation must continue to be assessed and taxed to pay for the indebtedness incurred by the county before incorporation.
Sec. 33. NRS 266.010 is hereby amended to read as follows:
266.010 Subject to the right of the legislature to create or alter the form of municipal organization by special act or charter, the right of home rule and self-government is hereby granted to the people of any city [or town] incorporated under the provisions of this chapter.
Sec. 34. NRS 267.020 is hereby amended to read as follows:
267.020 Any incorporated city [, unincorporated town or unincorporated area] in the State of Nevada may adopt the commission form of government and frame its own charter therefor.
Sec. 35. NRS 267.030 is hereby amended to read as follows:
267.030 [1.] Whenever the qualified voters of any incorporated city desiring to adopt a commission form of government so declare their desire by filing with the legislative authority of [such] that city a petition having the signatures of one-fourth of the qualified voters voting at the last city election, [such] the legislative authority shall, within 20 days after ascertaining that [such] the petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of [such] the city, to be held therein on a date not less than 40 days nor more than 50 days [from] after the effective date of the ordinance or resolution, [for the purpose of electing] to elect 15 qualified electors, who [shall] must have been residents of the city for [a period of] at least 2 years preceding their election, for the purpose of framing a charter for the city, having for its objects the commission form of government therefor.
[2. Whenever the qualified voters of any unincorporated town or unincorporated area desiring to adopt a commission form of government so declare their desire by filing with the board of county commissioners of the county in which such unincorporated town or unincorporated area is located a petition having the signatures of one-fourth of the qualified voters voting at the last town or precinct election embraced in the area to be incorporated, the board of county commissioners shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such unincorporated town or unincorporated area, to be held therein on a date not less than 40 days nor more than 50 days from the effective date of the ordinance or resolution, for the purpose of electing 15 qualified electors, who shall have been residents of the unincorporated town or unincorporated area for a period of at least 2 years preceding their election, for the purpose of framing a city charter, having for its objects the commission form of government therefor.]
κ1987 Statutes of Nevada, Page 1707 (CHAPTER 712, AB 508)κ
the ordinance or resolution, for the purpose of electing 15 qualified electors, who shall have been residents of the unincorporated town or unincorporated area for a period of at least 2 years preceding their election, for the purpose of framing a city charter, having for its objects the commission form of government therefor.]
Sec. 36. NRS 267.040 is hereby amended to read as follows:
267.040 Nominations of the electors [shall] must be made by petition of one-fifth of the qualified voters of the incorporated city . [, unincorporated town or unincorporated area. The nominations must be made and] The petition must be filed with the legislative authority of the city [or board of county commissioners] at least 30 days before the day of election, as provided for in NRS 267.030 . [, and the] The names of all candidates so filed [shall] must be placed upon the official ballots to be voted at [such] the election, which [election shall] must be conducted under the general election laws of the state.
Sec. 37. NRS 267.050 is hereby amended to read as follows:
267.050 Within 5 days [from] after the date of the election the legislative authority of the incorporated city [or the board of county commissioners] shall:
1. Meet and canvass the returns of the election.
2. Declare the result thereof.
3. Issue [election] certificates of election to the 15 qualified electors having the highest vote therefor.
Sec. 38. NRS 267.060 is hereby amended to read as follows:
267.060 1. The persons elected as provided for in NRS 267.050 shall convene within 10 days and commence to frame a charter for the city [;] and within 90 days thereafter they, or a majority of them, shall submit [such] the charter to the legislative authority of the incorporated city . [or to the board of county commissioners.]
2. Within 10 days thereafter, the legislative authority [or the board of county commissioners] of the city shall:
(a) Cause the proposed charter to be published once in a newspaper published in the incorporated city . [, unincorporated town or unincorporated area, but if] If no newspaper is published in the city [, town or unincorporated area then] , the proposed charter [shall] must be published once in a newspaper published in the county; and
(b) Cause copies of the proposed charter to be posted in three of the most public places of the city [, town or unincorporated area for a period of] for 30 days.
3. The affidavits of the publisher and of the person posting the copies of the charter [shall] must be made immediately after publication and [immediately] after the posting.
Sec. 39. NRS 267.070 is hereby amended to read as follows:
267.070 1. Upon the affidavits of the publisher and of the person posting copies of the charter being filed with the city clerk of the incorporated city [or with the county clerk, if an unincorporated town or unincorporated area,] showing that the proposed charter has been published once and posted for [a period of] 30 days, the legislative authority of the incorporated city [, or the board of county commissioners in cases of unincorporated towns and unincorporated areas,] shall, within 5 days thereafter, provide for the submission thereof to the qualified voters of the incorporated city .
κ1987 Statutes of Nevada, Page 1708 (CHAPTER 712, AB 508)κ
unincorporated area,] showing that the proposed charter has been published once and posted for [a period of] 30 days, the legislative authority of the incorporated city [, or the board of county commissioners in cases of unincorporated towns and unincorporated areas,] shall, within 5 days thereafter, provide for the submission thereof to the qualified voters of the incorporated city . [, unincorporated town or unincorporated area.]
2. The legislative authority [or the board of county commissioners] of the incorporated city shall give 30 days notice in three conspicuous places in the incorporated city [, unincorporated town or unincorporated area,] which notice [shall] must specify the object for which the election is called.
3. The election [shall] must be conducted under the general election laws of the state.
4. The form of ballot at the election [shall] must be: For the proposed charter, Against the proposed charter.
5. In submitting the proposed charter, or amendments thereto, any alternative article or proposition may be presented [for the choice of] to the voters of the incorporated city [, unincorporated town or unincorporated area] and may be voted on separately without prejudice to the others. In submitting [such] the amendments, article or proposition, the form of the ballot [shall] must be: For Article No. ..... of the charter, Against Article No. ..... of the charter.
Sec. 40. NRS 267.090 is hereby amended to read as follows:
267.090 If upon the canvass it [shall be] is found that a majority of the votes so cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city [or the chairman of the board of county commissioners] shall thereupon attach to the charter a certificate in substance as follows:
I,...................., mayor [(or chairman of the board of county commissioners, as the case may be)] of ...................., do hereby certify that in accordance with the terms and provisions of section 8 of article 8 of the constitution, and the laws of the State of Nevada, the ........ of the city of ...................., [or the unincorporated town of ...................., or the unincorporated area known as ...................., duly] caused a .................... election to be held on the .......... day of ...................., 19..., for the purpose of electing 15 qualified electors to prepare a charter for the city of ....................; that [due notice of such] notice of the election was given in the manner provided by law; that on the .......... day of ...................., 19..., the election was held, and the votes cast thereat were [duly] canvassed by the legislative authority of the city [or the board of county commissioners,] , and the [following-named] following persons were declared [duly] elected to prepare and propose a charter for the city of ....................
That thereafter, on the .......... day of ...................., 19..., the board of electors [duly] returned a proposed charter for the city of ...................., signed by the following members thereof: ....................
κ1987 Statutes of Nevada, Page 1709 (CHAPTER 712, AB 508)κ
That thereafter [such] the proposed charter was [duly] published once in a newspaper and posted in three of the most public places in the city, [unincorporated town or unincorporated area,] to wit: For one publication, the publication in a newspaper on the .......... day of ...................., 19..., and was posted on the ......... day of ...................., 19...
That thereafter, on the ......... day of ...................., 19..., at a .................... election [duly] called by the legislative authority of [such city or the board of county commissioners,] the city, the proposed charter was submitted to the qualified electors of the city [, town or unincorporated area,] , and the returns of the election were [duly] canvassed by the legislative authority thereof [or the board of county commissioners] at a meeting held on the ......... day of ...................., 19..., and the result of the election was found to be as follows: For the proposed charter, .......... votes; against the proposed charter, .......... votes. Majority for the proposed charter, .......... votes.
Whereupon the charter was [duly] ratified by a majority of the qualified electors voting at the election.
And I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and ratified as aforesaid.
In testimony whereof, I hereunto set my hand and affix the corporate seal of the city [or the seal of the county] this ......... day of ...................., 19...
........................................ ,
Mayor of the city of.............................
[(or chairman of the board of county
commissioners of (County)]
Attest:................................................... ,
Clerk of the city of .............................
[(or county clerk of .......... County)]
Sec. 41. NRS 267.110 is hereby amended to read as follows:
267.110 1. Any city having adopted a charter under the provisions of NRS 267.010 to 267.140, inclusive, [shall have,] has under the charter:
(a) All of the powers enumerated in the general laws of the state for the incorporation of cities.
(b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.
2. The charter, when submitted, [shall:] must:
(a) Fix the number of commissioners, their terms of office, and their duties and compensation.
(b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, their duties and powers.
(c) Fix, in accordance with the provisions of NRS 266.623 and 266.626 or with the provisions of NRS 266.629, the time for the first and subsequent elections for all elective officers, and, after [such] the first election and the qualification of the officers thereat elected, the old officers, and all boards or [officers shall] offices must be abolished, together with the emoluments thereof, and [shall] cease to exist.
κ1987 Statutes of Nevada, Page 1710 (CHAPTER 712, AB 508)κ
or [officers shall] offices must be abolished, together with the emoluments thereof, and [shall] cease to exist.
[3. If this form of government shall be adopted by any unincorporated town or unincorporated area, the board of county commissioners shall fix the boundaries of the new city in accordance with the petition therefor, and shall, by resolution, declare such city duly incorporated under the provisions of NRS 267.010 to 267.140, inclusive.]
Sec. 42. NRS 267.120 is hereby amended to read as follows:
267.120 Any city [, town or unincorporated area] adopting a charter under the provisions of NRS 267.010 to 267.140, inclusive, [shall have] has all of the powers which are now or may hereafter be conferred upon incorporated cities by the laws of the state, and all such powers as are usually exercised by municipal corporations of like character and degree, whether or not the [same shall be] powers are specifically enumerated in NRS 267.010 to 267.140, inclusive . [, or not.]
Sec. 43. NRS 267.140 is hereby amended to read as follows:
267.140 1. The governing body of an incorporated city [or an incorporated town] having a commission form of government may, [of] on its own motion, and shall, upon receiving a written petition signed by a number of registered voters of the city [or town] not less than 25 percent of the number who actually voted at the preceding municipal general election seeking the discontinuance and termination in the city [or town] of the commission form of government:
(a) If [such] the incorporated city [or incorporated town] has a commission form of government described in paragraph (a) of subsection 1 of NRS 267.010, fix by resolution the election at which the question is to be submitted, and the date of [such] the election if a special election is chosen. The governing body shall then cause to be posted at two public bulletin boards within the city , [or town,] not less than 10 days [prior to] before the date of [such] the election, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city . [or town.]
(b) If [such] the incorporated city [or incorporated town] has a commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, fix by resolution the election at which the question is to be submitted, and the date of [such] the election if a special election is chosen. The governing body shall then cause to be published once in a newspaper of general circulation in the city [or town] not less than 30 nor more than 60 days [prior to] before the date of the election chosen, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city . [or town.]
2. The proposition appearing on the ballot [shall] must be in substantially the following terms: For termination of the commission form of government and repeal of the charter and Against termination of the commission form of government and repeal of the charter.
κ1987 Statutes of Nevada, Page 1711 (CHAPTER 712, AB 508)κ
3. Not more than one of such elections [shall] may be held in 2 years.
4. The governing body may by resolution make any necessary provision for a special election not inconsistent with the charter and the election laws of this state; otherwise, the election [shall] must be held in accordance with the charter and the election laws of this state.
5. Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue has been cast for the discontinuance and termination in the city [or town] of the commission form of government and for repeal of the charter, the governing body shall proclaim the charter repealed effective:
(a) Immediately if the legislature has not enacted a special charter for [such city or town,] the city and the provisions of chapter 266 of NRS [shall] supersede the provisions of NRS 267.010 to 267.140, inclusive, as to [such city or town;] the city; or
(b) On the date any special charter of the city [or town] enacted by the legislature may become effective.
6. If, following the election and canvass of returns, it is found that a majority of the votes cast on the issue has been cast against the discontinuance and termination in the city [or town] of the commission form of government and against the repeal of the charter, [such] the commission form of government and charter [shall] continue in full force and effect.
Sec. 44. NRS 267.485 is hereby amended to read as follows:
267.485 Municipality means any incorporated city [or any incorporated town] organized pursuant to NRS 267.010 to 267.140, inclusive, which has a population of 4,000 or more.
Sec. 45. NRS 268.010 is hereby amended to read as follows:
268.010 1. As used in this section, city means an incorporated city . [or incorporated town.]
2. An amendment to the charter of a city may be:
(a) Made by the legislature.
(b) Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted by a petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the last preceding general municipal election, setting forth the proposed amendments.
3. An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next general municipal election or at a special election.
4. The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.
5. The petition must be filed with the city clerk. It must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions.
6. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative counsel.
κ1987 Statutes of Nevada, Page 1712 (CHAPTER 712, AB 508)κ
Sec. 46. NRS 268.040 is hereby amended to read as follows:
268.040 In any suit commenced, or hereafter to be commenced, in any incorporated city [or town] of this state for the collection of delinquent taxes, no costs [shall,] may, in any event, be charged against or collected from [such city or town.] the city.
Sec. 47. NRS 268.092 is hereby amended to read as follows:
268.092 1. The city council or other governing body of any incorporated city [or town] in the State of Nevada, whether organized under general law or special charter, may provide by ordinance for the licensing and regulating of farmers markets.
2. Every person [, firm, association or corporation] who establishes a farmers market shall make application to the city council or other governing body of the incorporated city [or town] in which the farmers market is to be located. The application [shall] must be in a form and manner prescribed by the city council or other governing body.
3. The city council or other governing body may:
(a) Fix, impose and collect license fees upon the market.
(b) Grant or deny applications for licenses or impose conditions, limitations and restrictions upon the license.
(c) Adopt, amend and repeal regulations relating to the licenses and licensees of farmers markets.
Sec. 48. NRS 268.093 is hereby amended to read as follows:
268.093 1. The person [, firm, association or corporation] licensed by the city council or other governing body of an incorporated city [or town] to establish a farmers market is:
(a) Responsible for the collection of any taxes required pursuant to chapters 372, 374 and 377 of NRS.
(b) An employer as defined in NRS 616.090 for the purpose of providing coverage under the Nevada Industrial Insurance Act.
2. A person who sells farm products within the farmers market is not required to be licensed.
3. It is unlawful for any person to sell, within the farmers market, any product which is not a farm product.
Sec. 49. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city [or town] in the State of Nevada, whether organized under general law or special charter, may:
(a) Fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more such license taxes to the county within which the city [or town] is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;