[Rev. 2/27/2019 2:02:28 PM]
κ1987 Statutes of Nevada, Page 2193 (CHAPTER 794, AB 457)κ
Sec. 81. 1. Law repealed by this act exclusively governs a suit, action, prosecution or proceeding that is pending on the effective date of this act or may be initiated on the basis of facts or circumstances occurring before the effective date of this act, but a civil action or proceeding may not be maintained to enforce any liability under a provision repealed by this act unless brought within the earlier of the period of limitation that applied when the claim for relief accrued or 2 years after the effective date of this act.
2. All effective registrations under law repealed by this act, all administrative orders relating to those registrations, and all conditions imposed upon those registrations remain in effect for as long as they would have remained in effect if this act had not been enacted. They are considered to have been filed, issued or imposed under this act, but are governed by the law repealed by this act.
3. A law repealed by this act applies to an offer to sell or sale made within 1 year after the effective date of this act pursuant to an offering begun in good faith before the effective date of this act on the basis of an exemption available under the repealed law.
4. Judicial review of all administrative orders as to which proceedings for review have not been instituted before the effective date of this act are governed by chapter 233B of NRS but such a proceeding may not be instituted unless the petition for review is filed within the earlier of the period of limitation that applied to such a proceeding when the order was entered or 60 days after the effective date of this act.
Sec. 82. 1. This section and sections 1 to 78, inclusive, and section 81 of this act become effective on January 1, 1988.
2. Sections 79 and 80 of this act become effective at 12:01 a.m. on January 1, 1988.
Sec. 83. This act expires by limitation on July 1, 1989.
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Assembly Bill No. 86Assemblymen Tebbs, Getto, Myrna Williams, McGaughey, Spinello and DuBois
CHAPTER 795
AN ACT relating to taxes on retail sales; providing for a progressive exemption from certain taxes for ophthalmic and ocular devices and appliances prescribed by a physician or optometrist; and providing other matters properly relating thereto.
[Approved June 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 374.060 is hereby amended to read as follows:
374.060 1. Retailer includes:
κ1987 Statutes of Nevada, Page 2194 (CHAPTER 795, AB 86)κ
(a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.
(b) Every person engaged in the business of making sales for storage, use or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use or other consumption.
(c) Every person making any retail sale of a vehicle or more than two retail sales of other tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.
2. When the department determines that it is necessary for the efficient administration of this chapter to regard any salesmen, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the department may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for purposes of this chapter.
[3. A licensed optometrist or physician is a consumer of, and shall not be considered, a retailer within the provisions of this chapter, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.]
Sec. 2. NRS 374.287 is hereby amended to read as follows:
374.287 1. There are exempted from the taxes imposed by this chapter the gross receipts from sales and the storage, use or other consumption of:
(a) Prosthetic devices for human use.
(b) Appliances and supplies relating to an ostomy.
(c) Products for hemodialysis.
(d) Any ophthalmic or ocular device or appliance prescribed by a physician or optometrist.
(e) Medicines:
(1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law;
(2) Furnished by a licensed physician, dentist or podiatrist to his own patient for the treatment of the patient;
(3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatrist; or
(4) Sold to a licensed physician, dentist, podiatrist or hospital for the treatment of a human being.
2. Medicine means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.
κ1987 Statutes of Nevada, Page 2195 (CHAPTER 795, AB 86)κ
mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.
3. Medicine does not include:
(a) Any auditory [, ophthalmic or ocular] device or appliance.
(b) Articles which are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, crutches, canes, braces, devices or other mechanical, electronic, optical or physical equipment.
(c) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine as defined by subsection 2.
4. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.
Sec. 3. Chapter 377 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. The gross receipts from the sales and the storage, use or other consumption of any ophthalmic or ocular device or appliance prescribed by a physician or optometrist are exempt from the basic city-county relief tax.
Sec. 5. The gross receipts from the sales and the storage, use or other consumption of any ophthalmic or ocular device or appliance prescribed by a physician or optometrist are exempt from the tax imposed pursuant to this chapter.
Sec. 6. Chapter 377A of NRS is hereby amended by adding thereto a new section to read as follows:
The gross receipts from the sales and the storage, use or other consumption of any ophthalmic or ocular device or appliance prescribed by a physician or optometrist are exempt from any tax imposed pursuant to this chapter.
Sec. 7. Chapter 543 of NRS is hereby amended by adding thereto a new section to read as follows:
The gross receipts from the sales and the storage, use or other consumption of any ophthalmic or ocular device or appliance prescribed by a physician or optometrist are exempt from any tax imposed pursuant to subsection 3 of NRS 543.600.
Sec. 8. 1. This section and sections 6 and 7 of this act become effective on July 1, 1987.
2. Sections 3 and 4 of this act become effective on July 1, 1988.
3. Section 4 of this act expires by limitation on July 1, 1989.
4. Section 5 of this act becomes effective on July 1, 1989.
5. Sections 5, 6 and 7 of this act expire by limitation on July 1, 1990.
6. Sections 1 and 2 of this act become effective on July 1, 1990.
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κ1987 Statutes of Nevada, Page 2196κ
Assembly Bill No. 420Assemblymen Nevin, McGaughey, Wisdom, Freeman, Brookman, Price, May, Garner, Banner, Schofield, Dini, Getto, Thompson, Arberry, Wendell Williams, Fay, Humke, Porter, Swain, Myrna Williams, Sedway, Kissam, Spinello, Haller, Evans, Craddock, DuBois, Carpenter, Gaston, Marvel, Callister, Sader, Triggs, Thomas, Nicholas, Spriggs and Lambert
CHAPTER 796
AN ACT relating to service stations; imposing certain restrictions on who may operate a service station; prohibiting discrimination between holders of franchises in the same marketing area; and providing other matters properly relating thereto.
[Approved June 26, 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 15, inclusive, of this act.
Sec. 2. Affiliate means any person who controls, is controlled by or is under common control with any other person.
Sec. 3. Control means the direct or indirect ownership of, or right to exercise a directing influence over, more than 50 percent of the beneficial interest in any other person.
Sec. 4. Franchise or franchise agreement means a written or oral agreement between a refiner and a retailer under which the retailer is granted the right:
1. To use a trade-mark, trade name, service mark or other identifying symbol or name owned by the refiner; or
2. To occupy premises owned, leased or controlled by the refiner, for the purpose of engaging in the retail sale of motor vehicle fuel.
Sec. 5. Marketing area means an area of not more than 5 miles in any direction from a service station selling the products of a refiner pursuant to a franchise.
Sec. 6. Motor vehicle fuel has the meaning ascribed to it in NRS 365.060, except that it includes diesel fuel.
Sec. 7. Price means the net purchase price after any adjustment for a commission, fee, rebate or discount, or for the furnishing of services or facilities.
Sec. 8. Refiner means any person, including an affiliate, who:
1. Produced quantities of crude oil equal to more than 30 percent of the domestic and imported crude oil supplied to his refinery during the most recent calendar year for which information is available;
2. Refines motor vehicle fuel from crude oil; and
3. Has a total refinery capacity of more than 175,000 barrels a day.
Sec. 9. Refinery means a manufacturing facility at which motor vehicle fuel is produced from crude oil.
Sec. 10. Retailer means a:
κ1987 Statutes of Nevada, Page 2197 (CHAPTER 796, AB 420)κ
1. Wholesale purchaser; or
2. Person who operates a service station pursuant to a franchise agreement with a refiner or wholesale purchaser.
Sec. 11. Service station means an establishment where motor vehicle fuel is sold to the general public.
Sec. 12. Wholesale purchaser means any person who purchases motor vehicle fuel or other petroleum products from a refiner or other wholesaler for distribution to service stations or to individual or business consumers.
Sec. 13. 1. On or after July 1, 1987, except as provided in subsection 3, a refiner shall not commence the:
(a) Direct operation of a service station, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee; or
(b) Sale of motor vehicle fuel at a service station.
2. On or after July 1, 1988, except as provided in subsection 3, a refiner shall not engage in the direct operation of more than 15 service stations in this state, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee.
3. A refiner may operate a service station for not more than 90 days if the:
(a) Retailer voluntarily terminates or agrees not to renew the franchise; or
(b) Franchise is terminated by the refiner pursuant to NRS 598.650 to 598.680, inclusive, and sections 2 to 15, inclusive, of this act.
Sec. 14. During the temporary operation of a service station by a refiner, the refiner may sell motor vehicle fuel to other retailers in the marketing area of that service station at a price not less than 4 cents below the retail price of fuel at the service station he is operating.
Sec. 15. A refiner shall not, directly or indirectly or through any officer, agent or employee:
1. Fail to act in good faith in performing or complying with any term or provision of, or collateral to, a franchise or a contract with a wholesale purchaser.
2. Use undue influence to induce a retailer to surrender any right given to the retailer by any provision contained in the franchise.
Sec. 16. NRS 598.650 is hereby amended to read as follows:
598.650 As used in NRS 598.650 to 598.680, inclusive, and sections 2 to 13, inclusive, of this act, unless the context requires otherwise [:
1. Franchise or franchise agreement means a written agreement between a supplier and a service station operator under which the service station operator is granted the right:
(a) To use a trade-mark, trade name, service mark or other identifying symbol or name owned by the supplier; or
(b) To occupy premises owned, leased or controlled by the supplier, for the purpose of engaging in the retail sale of petroleum products of the supplier.
κ1987 Statutes of Nevada, Page 2198 (CHAPTER 796, AB 420)κ
2. Service station means an establishment where service may be obtained for motor vehicles and which sells oil, gasoline and other petroleum products.
3. Supplier means any person, partnership, corporation or other form of business enterprise which refines, manufactures, compounds or otherwise produces petroleum products and sells or distributes them to service stations.
4. Wholesale purchaser means any person, partnership, corporation or other form of business enterprise which purchases petroleum products from a supplier and distributes them to service stations or to individual or business consumers.] , the words and terms defined in sections 2 to 12, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 17. NRS 598.655 is hereby amended to read as follows:
598.655 [No supplier may,] A refiner shall not, directly or indirectly or through any officer, agent or employee:
1. Prohibit, directly or indirectly, the right of free association among [service station operators] retailers or wholesale purchasers for any lawful purpose.
2. [Fail to act in good faith in performing or complying with any term or provision of, or collateral to, a franchise or a contract with a wholesale purchaser.
3. Terminate or cancel a franchise or contract with a wholesale purchaser without good cause.
4. Use undue influence to induce a service station operator to surrender any right given to the service station operator by any provision contained in the franchise.
5. Cancel, terminate, fail to renew or threaten the cancellation, termination or nonrenewal of any franchise because of the service station operators failure to purchase merchandise or products sold by the supplier where the requirement that the service station operator sell exclusively the merchandise or products of the supplier would be a violation of any law, rule or regulation of this state or of the United States.
6.] Change or modify any restrictions upon [nonpetroleum related] business activities of [the service station operator] a retailer during the term of the franchise [.
7.] that are not related to the sale of motor vehicle fuel or other petroleum products.
3. Unreasonably reduce, limit or curtail the supply of [gasoline] motor vehicle fuel or other petroleum products to any [service station operator] retailer or wholesale purchaser.
[8. Cancel or terminate a franchise solely to secure for its own account a successful or profitable service station.
9.] 4. Place unreasonable restrictions upon [nonpetroleum related] business activities of [the service station operator] a retailer that are not related to the sale of motor vehicle fuel or other petroleum products or upon any business activities of a wholesale purchaser.
κ1987 Statutes of Nevada, Page 2199 (CHAPTER 796, AB 420)κ
[10. Enter into any franchise agreement with a service station operator which is not in writing and signed by all parties to such agreement, or their agents.]
Sec. 18. NRS 598.660 is hereby amended to read as follows:
598.660 1. [No supplier may] A refiner shall not fail to renew the franchise of any [service station operator] retailer without fairly compensating [such operator] the retailer at a fair going business value for his capital investment if:
(a) The capital investment was entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and
(b) The cancellation or failure to renew was not done in good faith.
2. For the purposes of this section, capital investment includes, but is not limited to, tools, equipment and any inventory of parts [inventory] possessed by the [dealer] retailer on the day of notification of cancellation or nonrenewal and which are still [within possession of the service station operator] in the retailers possession on the day the cancellation or nonrenewal is effective.
Sec. 19. NRS 598.665 is hereby amended to read as follows:
598.665 1. Except as otherwise provided in subsection 2 or 3, [no supplier,] a refiner shall not, directly or indirectly, or through an officer, agent or employee [may] terminate, cancel or fail to renew a franchise or a contract with a wholesale purchaser without first giving to the [service station operator] retailer or wholesale purchaser written notice as follows:
(a) In case of cancellation or termination, specifying all matters of claimed noncompliance with the agreement and allowing the other party at least 30 days to comply with the terms of the agreement. If the other party does not comply, the cancellation or termination [shall be effective] is effective on the date set forth in the notice.
(b) At least 30 days [in advance of] before the expiration of a term of an agreement, specifying:
(1) All the reasons for any intention of the [supplier] refiner not to renew; or
(2) Any change in price, rent, terms or conditions to which renewal of the agreement is subject.
2. [Where] If the alleged ground is voluntary abandonment by the [service station operator] retailer of the franchise , [relationship,] or by the wholesale purchaser of his contract, [such] the written notice may be given 3 days [in advance of such] before the termination or cancellation.
3. [Where] If the alleged ground is the conviction of the [service station operator] retailer of a crime punishable as a felony and related to the business conducted pursuant to the franchise, termination, cancellation or failure to renew may be effective immediately.
Sec. 20. NRS 598.670 is hereby amended to read as follows:
598.670 The failure of a [supplier] refiner to serve notice upon [the service station operator] a retailer or wholesale purchaser as required in NRS 598.665 constitutes a grant of the option by the [supplier] refiner to the [operator] retailer or wholesale purchaser to renew the franchise or contract for a period of 1 year under the same price, rent, terms and conditions [of] as the expiring agreement.
κ1987 Statutes of Nevada, Page 2200 (CHAPTER 796, AB 420)κ
[operator] retailer or wholesale purchaser to renew the franchise or contract for a period of 1 year under the same price, rent, terms and conditions [of] as the expiring agreement. [Such] The option expires 45 days [from] after the date when notice should have been served, unless exercised by written notice to the [supplier.] refiner.
Sec. 21. NRS 598.675 is hereby amended to read as follows:
598.675 All notices required of [suppliers] refiners under NRS 598.665 or 598.670 [shall] must be given in writing by certified mail, return receipt requested, to [the] :
1. The address indicated in the agreement or as subsequently changed by the party in writing [or if] ; or
2. If no address was designated, [to] the partys place of business.
Sec. 22. NRS 598.680 is hereby amended to read as follows:
598.680 1. A [service station operator,] retailer, wholesale purchaser or [supplier] refiner may bring an action against the other party for violation of their respective agreements and may:
(a) Recover the damages sustained.
(b) Obtain injunctive relief to prevent loss of rights or restore rights lost.
2. The remedies provided in this section are independent of and supplemental to any other remedy available to the [service station operator,] retailer, wholesale purchaser or [supplier] refiner in law or equity.
3. In any action under this section the prevailing party is entitled to recover from the losing party all costs incurred, including reasonable [attorney] attorneys fees.
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Assembly Bill No. 657Committee on Transportation
CHAPTER 797
AN ACT relating to franchises for the sale of motor vehicles; imposing certain duties on the manufacturer or distributor and on the dealer upon the termination of or refusal to continue such a franchise; and providing other matters properly relating thereto.
[Approved June 27, 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 2 and 3 of this act.
Sec. 2. 1. Upon the termination or refusal to continue a franchise, the manufacturer or distributor shall compensate the dealer for:
(a) The dealers inventory of new vehicles, including new vehicles not of the current model year. As used in this paragraph, a new vehicle is one which has not been damaged or materially altered and registers 50 miles or less on its odometer.
κ1987 Statutes of Nevada, Page 2201 (CHAPTER 797, AB 657)κ
(b) The dealers inventory of parts and accessories which:
(1) Have been purchased by the dealer from the manufacturer or distributor; and
(2) Are listed in a current parts catalog of the manufacturer or distributor.
(c) Any special tools purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.
(d) Any equipment, furnishings or signs purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.
(e) Except as otherwise provided in subsection 4, the fair rental value for 90 days after the effective date of the termination or refusal to continue of the portion of the dealers place of business that was used by the dealer to sell or service motor vehicles or other products of the manufacturer or distributor.
2. Compensation paid pursuant to paragraphs (a) to (d), inclusive, of subsection 1 must be paid in an amount at least equal to the greater of:
(a) The amount actually paid by the dealer for the vehicles, parts, tools and equipment; or
(b) The amount currently paid by other dealers in this state for the vehicles, parts, tools and equipment.
3. If compensation is paid pursuant to paragraph (e) of subsection 1, the dealer shall allow the manufacturer or distributor paying such compensation the use and possession of the place of business.
4. The manufacturer or distributor is not required to pay compensation pursuant to paragraph (e) of subsection 1 if the dealer has been convicted of a crime involving fraud in connection with his application for or operation of the franchise.
5. This section does not relieve a dealer of his obligation to mitigate damages resulting from the termination or refusal to continue the franchise.
Sec. 3. Upon the termination or refusal to continue a franchise, the dealer:
1. May not require reimbursement by the manufacturer or distributor for any parts or services furnished by the dealer, after the effective date of the termination or refusal to continue, to customers pursuant to any warranties of the manufacturer or distributor;
2. Shall deliver to the manufacturer or distributor any invoices and money deposited by customers for motor vehicles or other products of the manufacturer or distributor that were not delivered to the customers before the effective date of the termination or refusal to continue; and
3. Shall furnish the manufacturer or distributor with copies of all of his records concerning the servicing of any motor vehicle or other product of the manufacturer or distributor. The manufacturer or distributor shall reimburse the dealer for the reasonable cost of compiling and copying the records and delivering the copies.
κ1987 Statutes of Nevada, Page 2202 (CHAPTER 797, AB 657)κ
Sec. 4. NRS 482.36311 is hereby amended to read as follows:
482.36311 As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36319 to 482.36345, inclusive, have the meanings ascribed to them in those sections.
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Senate Bill No. 143Committee on Government Affairs
CHAPTER 798
AN ACT relating to collective bargaining by public employees; permitting a confidential employee to participate in a plan to provide certain benefits administered by a bargaining unit from which he is excluded; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.170 is hereby amended to read as follows:
288.170 1. Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.
2. A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.
3. A [department] head of a department of a local government, an administrative employee or a supervisory employee shall not be a member of the same bargaining unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the board. [In all cases, confidential]
4. Confidential employees of the local government employer must be excluded from any bargaining unit [.] but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.
[2.] 5. If an employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the board. Subject to judicial review, the decision of the board is binding upon the local government employer and employee organizations involved. The board shall apply the same criterion as specified in subsection 1.
κ1987 Statutes of Nevada, Page 2203 (CHAPTER 798, SB 143)κ
[3.] 6. As used in this section, confidential employee means an employee who is [privy to] involved in the decisions of management affecting [employee relations, including all employees of the personnel department or its equivalent.] collective bargaining.
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Senate Bill No. 407Senators Coffin, Beyer, Gibson, Hickey, Horn, Jacobsen, Joerg, Jones, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Redelsperger, Rhoads, Shaffer, Townsend, Vergiels and Wagner
CHAPTER 799
AN ACT relating to local governments; authorizing a county or city to establish a program for the rehabilitation of property in residential neighborhoods; authorizing loans under the program to certain owners of real property in such neighborhoods; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. There exists within the urban areas of this state a large number of deteriorated, substandard and unsanitary residential properties because of the inability of their owners, for whatever reason, to pay for their repair and maintenance;
2. These properties are a threat not only to the health, safety and well being of the persons who occupy them but also to neighboring persons and property;
3. There is also a shortage of decent, safe and affordable housing for persons of low or moderate income and the counties and cities of this state have an obligation to encourage persons who own residential property to maintain that property in a decent, safe and sanitary condition; and
4. It is in the public interest to encourage the preservation and maintenance of housing in this state for persons of low or moderate income, in order to improve their living conditions and, in doing so, to benefit the health, safety and welfare of the people of this state.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Agency means an agency of a county or city established or designated to administer a program.
2. Fund means a revolving fund for loans for the rehabilitation of residential property.
3. Governing body means the governing body of a county or city.
κ1987 Statutes of Nevada, Page 2204 (CHAPTER 799, SB 407)κ
4. Program means a program for the rehabilitation of residential neighborhoods established by a governing body pursuant to this chapter.
5. Rehabilitation includes structural improvements, landscaping and any other measure to improve the appearance of property or maintain property in a decent, safe and sanitary condition.
Sec. 4. 1. The governing body of a county or city may adopt an ordinance establishing a program for the rehabilitation of residential neighborhoods in that county or city.
2. The ordinance must contain provisions:
(a) Establishing an agency, or designating an existing agency, of the county or city to administer the program.
(b) Creating a revolving fund for loans for the rehabilitation of residential property and designating the amount of the original allocation of money by the governing body for the fund.
(c) Providing the criteria and procedures for allocating additional money to the fund.
(d) Providing the maximum amount of a loan from the fund and the period and rate of interest of each loan.
(e) Setting forth the criteria for determining the eligibility of an applicant for a loan and of property for rehabilitation.
(f) Establishing such other requirements for participation in the program as the governing body considers necessary.
Sec. 5. 1. An applicant for a loan for the rehabilitation of residential property must, at the time application is made:
(a) Be a resident of or an owner of residential property in the city or an unincorporated area of the county, as the case may be.
(b) Be a member of a household having a gross income of less than 80 percent of the median gross income for households of the same size within the same geographic area or rent residential property to such households.
(c) Own and reside on or rent for residential purposes only the property for which the loan is sought.
(d) Have the financial resources to repay the loan in accordance with the terms of the agreement.
(e) Have the ability to complete the rehabilitation within a reasonable time and maintain the property in a decent, safe and sanitary condition.
(f) Meet such other requirements as are imposed by the governing body.
2. Any residential property for which a loan for rehabilitation is sought must be:
(a) Entirely situated within the boundaries of the city or within an unincorporated area of the county, as the case may be.
(b) Capable of rehabilitation within reasonable limits.
(c) Subject to not more than two encumbrances.
Sec. 6. 1. Upon receiving an application for a loan for the rehabilitation of residential property, the agency shall:
(a) Inspect the property to determine if rehabilitation of the property is feasible.
κ1987 Statutes of Nevada, Page 2205 (CHAPTER 799, SB 407)κ
(b) Determine the amount of the loan that the condition of the property justifies.
2. After inspection of the property, the agency shall interview the applicant to determine if the applicant satisfies the criteria for eligibility for a loan and, if he satisfies those criteria, the amount, terms and conditions of the loan.
3. The agency shall recommend to the governing body the amount of the loan, if any, and the terms and conditions of the loan.
Sec. 7. If the governing body approves the application for a loan, the loan must be:
1. Evidenced by a promissory note, the principal amount of which must be equal to the amount of the loan, secured by a mortgage on the property.
2. Made pursuant to an agreement between the county or city and the person to whom the loan is made, identifying the property, specifying the amount and period of, and rate of interest on, the loan and providing that:
(a) The property must be rehabilitated for decent, safe and sanitary residential use; and
(b) The rehabilitation must begin and be completed within a period determined by the governing body.
Sec. 8. 1. A person to whom a loan is made pursuant to this chapter shall:
(a) Maintain the property in a decent, safe and sanitary condition; and
(b) Reside, or have a member of his family reside, on the property.
2. If the person to whom a loan is made is unable to repay in accordance with the established schedule, the governing body may defer, upon good cause shown, repayment of the amount of the loan until the sale of the rehabilitated property.
Sec. 9. 1. During the rehabilitation of the property, the agency shall provide such advice and technical assistance as may be reasonably requested.
2. The owner of the property shall permit representatives of the agency, the governing body and, if state or federal assistance is involved, the state or Federal Government, to have access to the property during normal business hours to ensure compliance with this chapter and with the provisions of the loan and agreement for rehabilitation.
3. If the agency discovers deficiencies in the maintenance of the property during any inspection, it shall advise the owner of the property in the proper methods of correcting those deficiencies.
Sec. 10. The governing body shall deposit in the fund all money received in payment on a loan for the rehabilitation of residential property and make that money available for future loans.
Sec. 11. If at any time the aggregate amount represented by pending applications from qualified applicants for loans for the rehabilitation of residential property exceeds the amount available in the fund, the governing body shall give preference to those applicants who are members of households having a gross income that is 50 percent or less of the median gross income for households of the same size within the same geographic area.
κ1987 Statutes of Nevada, Page 2206 (CHAPTER 799, SB 407)κ
Sec. 12. The governing body may:
1. Contract directly with a contractor for the rehabilitation of the property of a qualified applicant.
2. Establish a panel of contractors who have agreed to provide continuing maintenance at a discount to property rehabilitated pursuant to this chapter.
3. Use for the purposes of this chapter any money made available to it for housing for persons having low or moderate incomes under state or federal law, if permitted by the terms of the state or federal law.
4. Accept gifts, grants, loans and bequests of money for the purposes of this chapter.
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Senate Bill No. 310Committee on Human Resources and Facilities
CHAPTER 800
AN ACT relating to emergency medical services; making various changes relating to licensing and certification of persons who provide emergency medical care; providing immunity from civil liability for certain persons who provide or assist in the provision of emergency medical care; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.480 is hereby amended to read as follows:
450.480 Any hospital, rescue unit or ambulance service which meets minimum requirements established by the state board of health may utilize advanced emergency medical [technicians-ambulance,] technicians, as defined [by NRS 450B.193,] in section 3 of this act, for the rendering of emergency medical care to the sick or injured:
1. At the scene of an emergency and during transport to a hospital;
2. While in a hospital emergency department; and
3. Until responsibility for care is assumed by the regular [hospital staff.] staff of the hospital.
Sec. 2. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. Advanced emergency medical technician means a person:
1. Trained in advanced emergency medical care in a training program approved by the board; and
2. Certified by the state health officer as having satisfactorily completed the training program.
Sec. 4. Emergency medical technician means a person:
1. Trained in basic emergency medical care in a training program approved by the board; and
κ1987 Statutes of Nevada, Page 2207 (CHAPTER 800, SB 310)κ
2. Certified by the state health officer as having satisfactorily completed the training program.
Sec. 5. NRS 450B.020 is hereby amended to read as follows:
450B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.030 to 450B.110, inclusive, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 450B.070 is hereby amended to read as follows:
450B.070 Emergency medical technician certificate means the certificate issued by the health division acknowledging successful completion of an approved course for an emergency medical technician [course approved by such division.] at the level identified on the certificate.
Sec. 7. NRS 450B.150 is hereby amended to read as follows:
450B.150 1. [The] Except as otherwise provided in subsection 2, the health division shall administer and enforce the provisions of this chapter and the regulations, standards and procedures of the board established under the provisions of this chapter.
2. [The] In a county whose population is 250,000 or more, the county or district board of health shall:
(a) Adopt regulations, standards and procedures for the administration of this chapter, subject to review by the board; and
(b) Administer and enforce the provisions of this chapter.
The county or district board of health in such counties may perform all duties and exercise all powers of the health division pursuant to this chapter.
3. Except as otherwise provided in subsection 2, the health division and its authorized agents shall enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and vehicles of persons and governmental entities providing services regulated under the provisions of this chapter.
Sec. 8. NRS 450B.160 is hereby amended to read as follows:
450B.160 1. The health division may issue licenses to attendants and to firemen employed by or serving as volunteers with a firefighting agency.
2. Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.
3. An applicant for a license must file with the health division:
(a) [For a license:
(1) As an attendant, a] A current, valid certificate evidencing his successful completion of a program or course for training in [advanced first aid:
(I) At a level of skill determined by the board; or
(II) Equivalent to the national standardized course for emergency medical technicians; or
(2) As a fireman with a firefighting agency, a] emergency medical technology, if he is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.
κ1987 Statutes of Nevada, Page 2208 (CHAPTER 800, SB 310)κ
(b) A current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical [technician-ambulance.
(b)] technician if he is applying for a license as a fireman with a firefighting agency.
(c) A signed statement showing:
(1) His name and address;
(2) His employers name and address; and
(3) A description of his duties.
[(c)] (d) Such other certificates for training and such other items as the board may specify.
4. [An applicant for a license as an attendant who is not a volunteer must file with the health division, in addition to the items specified in subsection 3, a current, valid certificate designating him as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician-ambulance.
5.] The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
[6.] 5. Each operator of an ambulance or air ambulance and each firefighting agency shall annually file with the health division a complete list of the licensed persons in its service.
[7.] 6. Licensed physicians [, physicians assistants] and registered nurses may serve as attendants [or render emergency medical care] without being licensed under the provisions of this section . [, but a] A registered nurse who [is employed to perform] performs advanced emergency care in an ambulance or air ambulance must [be qualified to render medical care at the scene of an emergency as required by] perform the care in accordance with the regulations of the state board of nursing.
Sec. 9. NRS 450B.190 is hereby amended to read as follows:
450B.190 1. The health division may, at its discretion, issue [:
(a) A] a provisional license [; or
(b) An emergency medical technician certificate,
to an individual] as an attendant to a person who does not meet the qualifications established pursuant to this chapter, if the health division determines that such issuance will be in the public interest.
2. A provisional license [or provisional emergency medical technician certificate shall not be] as an attendant must not be made valid for more than 1 year from the date of issuance [. A provisional license] and is not renewable.
Sec. 10. NRS 450B.1905 is hereby amended to read as follows:
450B.1905 1. A program for training in the basic care of a patient in urgent need of medical care or observation must be:
(a) Supervised by a physician and approved by the health division; or
(b) Presented by a national organization which is nationally recognized for providing such training and approved by the board.
2. Except as provided in subsections 3 and 4, training in basic care must include:
κ1987 Statutes of Nevada, Page 2209 (CHAPTER 800, SB 310)κ
(a) Procedures to establish and maintain an open airway in a patient;
(b) Administration of oxygen, both manually and by a device which uses intermittent positive pressure;
(c) Cardiopulmonary resuscitation;
(d) Treatment of shock;
(e) Control of bleeding;
(f) Treatment of wounds;
(g) Application of splints;
(h) Treatment for poisoning;
(i) Childbirth; and
(j) Rescue.
3. A program for training in the basic care of a patient may follow the curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.
4. The board may adopt regulations which prescribe other requirements for training in the basic care of a patient in urgent need of medical care or observation.
5. An owner of an ambulance shall not offer basic care of a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training in such care.
6. The board may by regulation prescribe additional requirements for receiving and maintaining certification in basic emergency care. The curriculum for training must be:
(a) At the level of advanced first aid; or
(b) At least equivalent to any curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.
Sec. 11. NRS 450B.191 is hereby amended to read as follows:
450B.191 1. A program of training in intermediate emergency care [in a rural area which has access to a medical facility or hospital which provides emergency medical care] of a patient in urgent need of medical care or observation must be conducted by a licensed physician [. The program of training in a health district must be recommended to the health division for its approval by the district health officer.] and approved by the health division.
2. A program for training for an intermediate emergency medical technician must include an approved curriculum in intravenous therapy [, the use of pneumatic trousers to control shock] and the management of a passage for air to the lungs. Only a certified emergency medical technician [who is a licensed attendant or a fireman] with experience as established by the board is eligible for this training.
3. [A certified intermediate emergency medical technician must undergo at least one examination by the supervising physician every 6 months to verify the retention of his skills in order to maintain his certification, and is subject to re-examination by the state health officer. The supervising physician may recommend revocation of certification at any time.] In order to maintain his certification, each intermediate emergency medical technician must annually:
κ1987 Statutes of Nevada, Page 2210 (CHAPTER 800, SB 310)κ
(a) Comply with the requirements established by the board for continuing medical education; and
(b) Demonstrate his skills as required by regulation of the board.
4. The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in intermediate emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for intermediate emergency medical technicians.
5. A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health division a currently valid certificate demonstrating successful completion of the program of training required by this section.
6. An attendant or fireman shall not perform, and the owner , [or] operator , director or chief officer of an ambulance or a firefighting agency must not offer, intermediate emergency care without fulfilling the requirements established by the board.
Sec. 12. NRS 450B.1915 is hereby amended to read as follows:
450B.1915 An intermediate emergency medical technician may [:
1. Render services in rescue, first aid and resuscitation.
2. During training at a medical facility and while caring for patients at a medical facility, administer parenteral medications under the direct supervision of a physician or registered nurse.
3. Under the direct supervision of a physician or a registered nurse supervised by a physician, or if the technician is communicating directly with the physician or the registered nurse supervised by a physician and is directed by that physician or nurse, perform such procedures and administer such drugs as are approved by the board, which may include, but are not limited to:
(a) Performing venipuncture for the administration of intravenous therapy and the maintenance of intravenous therapy initiated by other authorized persons;
(b) Creating and maintaining a passage for air to the lungs by esophageal tube;
(c) Administering sodium bicarbonate, 5 percent dextrose, and volume expanders; and
(d) Applying pneumatic trousers to control shock.] perform any procedure and administer any drug approved by regulation of the board.
Sec. 13. NRS 450B.195 is hereby amended to read as follows:
450B.195 1. Only a certified emergency medical technician who is a licensed attendant or a fireman with experience as established by the board is eligible for training as an advanced emergency medical [technician-ambulance.] technician.
2. A program of training in advanced emergency care for advanced emergency medical [technicians-ambulance] technicians must be conducted by a licensed physician [or other person as established by regulation of the board and must include at least 500 hours of training, including 300 hours of didactic and 200 hours of clinical instruction.
κ1987 Statutes of Nevada, Page 2211 (CHAPTER 800, SB 310)κ
didactic and 200 hours of clinical instruction. The program must include cardiac care and experience with emergency vehicles.
3. Each holder of a certificate as an advanced emergency medical technician-ambulance must undergo at least 40 hours of training yearly in order to maintain his certification, and he is subject to re-examination every 2 years by the state health officer.] and approved by the health division.
3. In order to maintain his certification, each advanced emergency medical technician must annually:
(a) Comply with the requirements established by the board for continuing medical education; and
(b) Demonstrate his skills as required by regulation of the board.
4. The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in advanced emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for advanced emergency medical technicians.
5. A person shall not represent himself to be an advanced emergency medical [technician-ambulance] technician unless he has on file with the health division a currently valid certificate evidencing his successful completion of the program of training required by this section.
6. An attendant or fireman shall not perform, and the owner , [or] operator , director or chief officer of an ambulance or a firefighting agency must not offer, advanced emergency care without fulfilling the requirements established by the board.
Sec. 14. NRS 450B.197 is hereby amended to read as follows:
450B.197 [A person performing advanced emergency care, including an] An attendant or a fireman who is an advanced emergency medical [technician-ambulance or a registered nurse, pursuant to the regulations of the state board of nursing, may:
1. Perform rescues, first aid and resuscitation.
2. During training at a hospital and while caring for patients in a hospital administer parenteral medications under the direct supervision of a physician or a registered nurse.
3. Perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient.
4. If voice communication is established and maintained with a physician or with a registered nurse supervised by a physician in a hospital and, if medically appropriate, a telemetered electrocardiogram of the patient is observed by the physician or nurse in that hospital, upon order of the physician or nurse, perform such procedures and administer such drugs as are approved by the state board of health, including:
(a) Administering intravenous saline or glucose solutions.
(b) Performing gastric suction by intubation.
(c) Performing an intubation into the airway by an esophageal or endotracheal tube or by cricothyroidotomy.
(d) Performing a needle aspiration of the chest.
κ1987 Statutes of Nevada, Page 2212 (CHAPTER 800, SB 310)κ
(e) Performing surgical exposure of a vein or artery.
(f) Performing a phlebotomy or drawing blood specimens for analysis.
(g) Administering drugs of the following classes:
(1) Antiarrhythmic agents.
(2) Vagolytic agents.
(3) Chronotropic agents.
(4) Analgesic agents.
(5) Alkalizing agents.
(6) Vasopressor agents.
(7) Diuretics.
(8) Narcotic antiagents.
(9) Anticonvulsive agent.
(10) Volume expanding agents.
(11) Topical ophthalmic solution.
(12) Intravenous glucose.
(13) Antihistaminic.
(14) Steroids.
(15) Bronchodilators.
5. If voice communication cannot be established or cannot be maintained with a physician or with a registered nurse supervised by a physician in a hospital, perform procedures under such prescribed conditions as are set forth in written standing orders which are recommended by a group of physicians chosen by a local health authority for advice on the performance of advanced emergency care and are adopted by a district board of health, or by the state health officer for areas that are not in health districts, and are approved by the board. If such a procedure is begun, the technician or other person rendering advanced emergency care must establish or resume voice communication as soon as possible.] technician may perform any procedure and administer any drug approved by regulation of the board.
Sec. 15. NRS 450B.200 is hereby amended to read as follows:
450B.200 1. The health division may issue permits for the operation of an ambulance, air ambulance and a vehicle of a firefighting agency at the scene of an emergency.
2. Each permit must be evidenced by a card issued to the holder of the permit.
3. No permit may be issued unless the applicant is qualified under the regulations of the board.
4. An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:
(a) The name and address of the owner of the ambulance or air ambulance or of the firefighting agency;
(b) The name under which the applicant is doing business or proposes to do business, if applicable;
(c) A description of each ambulance, air ambulance or vehicle of a firefighting agency, including the make, [model,] year of manufacture [, motor] and chassis [numbers,] number, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance, air ambulance or vehicle;
κ1987 Statutes of Nevada, Page 2213 (CHAPTER 800, SB 310)κ
motor] and chassis [numbers,] number, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance, air ambulance or vehicle;
(d) The location and description of the places from which the ambulance, air ambulance or firefighting agency intends to operate; and
(e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.
5. The board shall establish a reasonable fee for annual permits.
6. All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.
7. The health division shall:
(a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or
(b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,
only after the holder of a permit is afforded an opportunity for a public hearing before the board.
8. The health division may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a firefighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.
9. The issuance of a permit under this section or NRS 450B.210 does not authorize any person or government entity to provide those services or to operate any ambulance, air ambulance or vehicle of a firefighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.
Sec. 16. NRS 450B.265 is hereby amended to read as follows:
450B.265 A firefighting agency or an owner , [or] operator , director or chief officer of an ambulance shall not represent, advertise or imply that it:
1. Is authorized to provide advanced emergency care; or
2. Utilizes the services of an advanced emergency medical [technician-ambulance,] technician,
unless the service has a currently valid permit to provide advanced emergency care issued by the health division.
Sec. 17. NRS 450B.290 is hereby amended to read as follows:
450B.290 The following are exempted from the provisions of this chapter:
1. The occasional use of a vehicle or aircraft to transport injured or sick persons, which vehicle or aircraft is not ordinarily used in the business of transporting persons who are sick or injured.
2. A vehicle or aircraft rendering services as an ambulance or air ambulance in case of a major catastrophe or emergency [when] if ambulance or air ambulance services with permits are insufficient to render the services required.
κ1987 Statutes of Nevada, Page 2214 (CHAPTER 800, SB 310)κ
3. Persons rendering service as attendants in case of a major catastrophe or emergency [when] if licensed attendants cannot be secured.
4. [Ambulances or air] Air ambulances based outside this state [,] which deliver patients from outside this state or which are acting pursuant to subsection 2, except that any such [ambulance or] air ambulance receiving a patient within this state [for transport to a location within this state] shall comply with the provisions of this chapter.
5. Attendants based outside this state [.] , except an attendant for an air ambulance operating in this state pursuant to subsection 4.
6. Vehicles owned and operated by search and rescue organizations chartered by the state as corporations not for profit or otherwise existing as nonprofit associations which are not regularly used to transport injured or sick persons except as part of rescue operations.
7. Ambulances or air ambulances owned and operated by an agency of the United States Government.
Sec. 18. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
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
(3) Furnished by a practitioner.
(b) In an institutional pharmacy, 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.] technician as authorized by regulation of the state board of health.
(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.
κ1987 Statutes of Nevada, Page 2215 (CHAPTER 800, SB 310)κ
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 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. 19. NRS 453.510 is hereby amended to read as follows:
453.510 1. A practitioner may purchase supplies of controlled substances from a pharmacy by:
(a) Making an oral order to the pharmacy or transmitting an oral order through his agent, except an order for a controlled substance in schedule II; or
(b) Presenting to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration or transmitting such an order through his agent.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies of controlled substances to stock his ambulances or other authorized vehicles or replenish the stock if:
(a) The purchase order is countersigned by a physician; or
(b) An oral order, except an order for a controlled substance in schedule II, is made by the holder of the permit or transmitted by his agent,
and the [intermediate emergency medical technician, the] advanced emergency medical [technician-ambulance] technician or the registered nurse who is in charge of the controlled substances is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
3. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 20. 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 prescription; or
(c) Furnished by a practitioner.
κ1987 Statutes of Nevada, Page 2216 (CHAPTER 800, SB 310)κ
3. A registered nurse licensed to practice professional nursing or a licensed practical nurse, in an institutional pharmacy, 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 intermediate emergency medical technician or an advanced emergency medical [technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.] technician as authorized by regulation of the state board of pharmacy.
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.
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 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. 21. (Deleted by amendment.)
Sec. 22. NRS 454.316 is hereby amended to read as follows:
454.316 1. Except as otherwise provided in this section, every person who possesses any drug defined in NRS 454.201, except that furnished to [such person] him by a pharmacist pursuant to a legal prescription or a practitioner, is guilty of a gross misdemeanor. If [such] the person has been twice previously convicted of any offense:
(a) Described in this section; or
(b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,
he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No prescription is required for possession of those drugs by pharmacists, practitioners, physicians assistants if authorized by the board, hospitals, intermediate emergency medical technicians, advanced emergency medical [technicians-ambulance,] technicians, public health nurses, registered nurses who hold certificates from the state board of nursing and certificates from the state board of pharmacy permitting them to possess, administer and dispense dangerous drugs, registered nurses responsible for patients in air and ground ambulances, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in those drugs when they are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.
κ1987 Statutes of Nevada, Page 2217 (CHAPTER 800, SB 310)κ
administer and dispense dangerous drugs, registered nurses responsible for patients in air and ground ambulances, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in those drugs when they are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.
3. No prescription is required for an optometrist certified under NRS 636.382 to possess drugs which he is authorized to use under chapter 636 of NRS.
Sec. 23. NRS 484.393 is hereby amended to read as follows:
484.393 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless:
(a) The blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, advanced emergency medical [technician-ambulance] technician or a technician employed in a medical laboratory; and
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No physician, registered nurse, licensed practical nurse, advanced emergency medical [technician-ambulance] technician or technician incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer such test.
Sec. 24. NRS 41.137 is hereby amended to read as follows:
41.137 As used in this section and NRS 41.139, unless the context otherwise requires:
1. Emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician , intermediate emergency medical technician or advanced emergency medical [technician-ambulance] technician pursuant to chapter 450B of NRS.
2. Peace officer has the meaning ascribed to it in NRS 169.125.
Sec. 25. NRS 41.505 is hereby amended to read as follows:
41.505 1. Any physician or registered nurse who in good faith gives instruction or provides supervision to an [advanced] emergency medical [technician-ambulance,] attendant as defined [by NRS 450B.193,] in NRS 41.137, or to a registered nurse, at the scene of an emergency, or while transporting an ill or injured person from the scene of an emergency, and the [advanced] emergency medical [technician-ambulance] attendant or registered nurse who obeys the instruction, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, [by him] in giving that instruction, providing that supervision or rendering that emergency care.
κ1987 Statutes of Nevada, Page 2218 (CHAPTER 800, SB 310)κ
the [advanced] emergency medical [technician-ambulance] attendant or registered nurse who obeys the instruction, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, [by him] in giving that instruction, providing that supervision or rendering that emergency care.
2. Any person licensed under the provisions of chapter 630 [, 632] or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician [or nurse] from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.
Sec. 26. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person, he shall immediately report his suspicion to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) Any police department or sheriffs office; or
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family counselor, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical [technician-ambulance] technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
κ1987 Statutes of Nevada, Page 2219 (CHAPTER 800, SB 310)κ
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession, or a social worker.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the welfare or aging services division of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
3. Every physician who, as a member of the staff of a hospital or similar institution, has reason to believe that an older person has been abused, neglected or exploited shall notify the superintendent, manager or other person in charge of the institution. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
4. A report may be filed by any other person.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 27. NRS 244.1605 is hereby amended to read as follows:
244.1605 The boards of county commissioners [are empowered to:] may:
1. Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in [such] those areas.
2. Provide a full-time or part-time staff for [such] the facilities which [staff] may include a physician, a certified physicians assistant, a registered nurse or a licensed practical nurse, a certified [paramedic] emergency medical technician and such other personnel as [such board shall deem] the board deems necessary or appropriate to [insure] ensure adequate staffing commensurate with the needs of the area in which [such] the facility is located.
3. Fix the charges for the medical and nursing care and medicine furnished by [such facilities] the facility to those who are able to pay for [the same,] them, and to provide [such] that care and medicine free of charge to those persons who qualify as medical indigents under the [respective] countys criteria of [patient] eligibility for medical care.
κ1987 Statutes of Nevada, Page 2220 (CHAPTER 800, SB 310)κ
same,] them, and to provide [such] that care and medicine free of charge to those persons who qualify as medical indigents under the [respective] countys criteria of [patient] eligibility for medical care.
4. Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in [such] the outlying areas.
Sec. 28. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. A report must be made immediately to an agency which provides protective services or to a law enforcement agency when there is reason to believe that a child has been abused or neglected. If the report of abuse or neglect of a child involves the acts or omissions of an agency which provides protective services or a law enforcement agency, the report must be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family counselor, alcohol or drug abuse counselor, advanced emergency medical [technician-ambulance] technician or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; and
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
κ1987 Statutes of Nevada, Page 2221 (CHAPTER 800, SB 310)κ
3. A report may be made by any other person.
4. Any person required to report under this section who has reasonable cause to believe that a child has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings, which must include the information required under the provisions of subsection 2 of NRS 432B.230.
Sec. 29. NRS 450B.170 and 450B.193 are hereby repealed.
Sec. 30. Sections 19 and 20 of this act become effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 778Committee on Ways and Means
CHAPTER 801
AN ACT relating to mental health; permitting a client of a facility of the mental hygiene and mental retardation division of the department of human resources to obtain a copy of his records at any time; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.504 is hereby amended to read as follows:
433.504 1. A client [shall be permitted] must be:
(a) Permitted to inspect his records [and he shall be informed] ; and
(b) Informed of his clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his clinical condition.
2. Unless a psychiatrist has made a specific entry to the contrary in a clients records, a client is entitled to obtain a copy of his records at any time upon notice to the administrative officer of the facility and payment of the cost of reproducing the records.
________
κ1987 Statutes of Nevada, Page 2222κ
Senate Bill No. 358Committee on Human Resources and Facilities
CHAPTER 802
AN ACT relating to dentistry; requiring certain dental appliances to be marked with the name or social security number of the owner; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
All artificial teeth, dentures or other removable dental appliances, at the time they are manufactured or sent to a laboratory for repair, must be identified with the name or social security number of the owner by:
1. Embedding the name or number in the material of the appliance;
2. Adding the name or number with an adhesive; or
3. Marking the appliance in any manner consistent with advances in technology and approved by the board.
________
Assembly Bill No. 10Committee on Commerce
CHAPTER 803
AN ACT relating to financial institutions; requiring the administrator of financial institutions to establish a uniform rate for certain examinations of financial institutions; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 658 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall establish by regulation rates to be paid by banks and other financial institutions for supervision and examinations by the administrator or the division of financial institutions.
2. In establishing a rate pursuant to subsection 1, the administrator shall consider:
(a) The complexity of the various examinations to which the rate applies;
(b) The skill required to conduct the examinations;
(c) The expenses associated with conducting the examination and preparing a report; and
(d) Any other factors the administrator deems relevant.
κ1987 Statutes of Nevada, Page 2223 (CHAPTER 803, AB 10)κ
Sec. 2. NRS 658.096 is hereby amended to read as follows:
658.096 1. The administrator shall charge and collect the following fees in connection with his official duties:
(a) For [examination] licensing of state banks:
(1) A fee of [$100] $200 for each parent bank, payable on June 30 and December 31 of each year.
(2) A fee of [$25] $100 for each branch bank, payable on June 30 and December 31 of each year.
[(3) Based upon the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year, a fee of 10 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next $500,000,000 and 2 cents per $1,000 for amounts over $1,000,000,000.]
(b) For applications for new branch banks, a nonrefundable fee of [$250] $200 for the application and survey to be paid by the applicant at the time of making the application. 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 paragraph must be placed in the investigative fund created by NRS 232.285.
(c) For [special bank] examinations and the examination of trust departments of state banks, a [reasonable] fee for [each man-hour expended in] conducting the examination and in preparing and typing the report of the examination [.] at the rate established pursuant to section 1 of this act.
2. Except as otherwise provided in paragraph (b) of subsection 1, all money collected under this section must be paid into the state general fund.
Sec. 3. NRS 669.250 is hereby amended to read as follows:
669.250 1. For each examination of a trust companys books and records required or authorized under this chapter, the administrator shall charge and collect from the trust company a [reasonable] fee for [each man-hour expended in] conducting the examination and in preparing and typing the report of the examination [.] at the rate established pursuant to section 1 of this act.
2. All money collected under this section must be paid into the state general fund.
3. The administrator shall examine a licensee as often as he deems necessary.
Sec. 4. NRS 670.250 is hereby amended to read as follows:
670.250 1. The administrator shall examine the corporation as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the administrator and more frequently upon the order of the administrator. The administrator shall furnish copies of these reports to the commissioner of insurance and the governor. The corporation shall also furnish such other information as may [from time to time] be required by the administrator or the secretary of state.
3. The corporation shall pay a [reasonable cost for each hour expended by an examiner of financial institutions in] fee for conducting the examination and preparing the [examination report.]
κ1987 Statutes of Nevada, Page 2224 (CHAPTER 803, AB 10)κ
examination and preparing the [examination report.] report of the examination at the rate established pursuant to section 1 of this act.
4. The administrator shall exercise the same supervisory authority over corporations organized under this chapter as he [now] exercises over banks and trust companies chartered by the state.
Sec. 5. NRS 670A.260 is hereby amended to read as follows:
670A.260 1. The administrator shall examine the corporation as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the administrator and more frequently upon the order of the administrator. The administrator shall furnish copies of these reports to the commissioner of insurance and the governor. The corporation shall also furnish such other information as may [from time to time] be required by the administrator or the secretary of state.
3. The corporation shall pay a [reasonable cost for each hour expended by a state examiner in] fee for conducting the examination and preparing the [examination report.] report of the examination at the rate established pursuant to section 1 of this act.
4. The administrator shall exercise the same supervisory authority over corporations organized under this chapter as he [now] exercises over banks and trust companies chartered by the state.
Sec. 6. NRS 671.120 is hereby amended to read as follows:
671.120 1. Except as provided in subsection 4, once each year the administrator shall examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensees business, and the administrator may conduct such examinations at additional times.
2. For the purpose of the examinations, the administrator may enter upon any of the business premises of a licensee or his agents and obtain access to the relevant documents. Any obstruction or denial of such an entry or access is a violation of this chapter.
3. 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 [.] at the rate established pursuant to section 1 of this act.
4. The administrator may accept a report of an audit of the licensee which covers the most recent fiscal year in lieu of conducting an examination.
Sec. 7. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the director of the department of commerce, the administrator shall exercise general supervision and control over mortgage companies doing business in this state.
2. In addition to the other duties imposed upon him by law, the administrator shall:
(a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
κ1987 Statutes of Nevada, Page 2225 (CHAPTER 803, AB 10)κ
(c) Conduct such examinations, periodic or special audits, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage companies.
(d) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.
(e) Conduct such examinations and investigations as are necessary to ensure that mortgage companies meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
3. For each special audit, investigation or examination a mortgage company shall pay a fee based on the rate established pursuant to section 1 of this act.
Sec. 8. 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 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.
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 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 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. 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 [.] at the rate established pursuant to section 1 of this act.
9. 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.
κ1987 Statutes of Nevada, Page 2226 (CHAPTER 803, AB 10)κ
Sec. 9. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each association doing business in this state shall file annually with the administrator on or before March 1, a sworn statement in two sections.
2. One section of the annual report must contain, in such form and detail as the administrator may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of stock.
(b) A statement of its assets, liabilities and capital accounts as of the immediately preceding December 31.
(c) Any other facts which the administrator may require.
This section must be furnished in duplicate, one certified copy to be returned, for publication at least two times in a newspaper having a general circulation in each county in which the association maintains an office. Publication must be completed on or before May 1, and proof of publication must be filed in the office of the administrator.
3. One section of the annual report must contain such other information as the administrator may require to be furnished. This section need not be published and must be treated as confidential by the administrator.
4. Every association shall pay to the administrator for supervision and examination [:
(a) An annual fee of $200 for its home office, and $100 for each branch office open as of the immediately preceding December 31.
(b) An annual assessment computed as of the immediately preceding December 31 at the rate of 15 cents per $1,000 of total assets.
5. The administrator shall determine from the annual statement the amount due from each association and submit a bill to the association for the amount by March 15. A penalty of 10 percent of the fee payable must be charged for each month or part of a month that the fees are not paid after April 15 of each year.
6.] a fee based on the rate established pursuant to section 1 of this act.
5. All sums so received by the administrator must be delivered to the state treasurer and paid into the state general fund.
Sec. 10. NRS 675.400 is hereby amended to read as follows:
675.400 1. At least once each year, the administrator or his authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of the licensee so far as they pertain to the business licensed under this chapter.
2. 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 preparing and typing the [examination report.] report of the examination at the rate established pursuant to section 1 of this act.
3. All money collected by the administrator pursuant to subsection 2 must be deposited in the state general fund.
Sec. 11. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 authorizes the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding.
κ1987 Statutes of Nevada, Page 2227 (CHAPTER 803, AB 10)κ
securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license is renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the administrator is:
(a) For each home office, $200 . [plus 15 cents for each $1,000 of total assets of the company, association or corporation as of December 31 of each year.]
(b) For each branch office, $100.
3. The fees must accompany the license renewal application. A penalty of 10 percent of the fee payable must be charged for each month or part thereof that the fees are not paid after June 30 of each year.
4. All sums so received by the administrator must be forthwith delivered to the state treasurer and must be paid into the state general fund.
Sec. 12. NRS 676.270 is hereby amended to read as follows:
676.270 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the administrator or his authorized representative may at any time and shall, at least once each year, investigate the business and examine the books, accounts, papers and records of any licensee.
2. For the purpose of examination the administrator or his authorized representatives must be allowed free access to the offices, files, safes and vaults of such licensees.
3. 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 [examination report.] report of the examination at the rate established pursuant to section 1 of this act.
Sec. 13. NRS 677.430 is hereby amended to read as follows:
677.430 1. At least once each year, the administrator or his authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.
2. 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 preparing and typing the [examination report.] report of the examination at the rate established pursuant to section 1 of this act.
Sec. 14. NRS 678.790 is hereby amended to read as follows:
678.790 1. The division shall annually conduct or cause to be conducted an examination of each credit union organized under the provisions of this chapter. For the purpose of performing the examination, the personnel of the division may:
(a) Subpena witnesses and documents;
(b) Administer oaths; and
(c) Compel the giving of testimony.
2. The report of the examination must contain comments to the members relative to the management of the affairs of the credit union and the general condition of the assets.
κ1987 Statutes of Nevada, Page 2228 (CHAPTER 803, AB 10)κ
condition of the assets. Within 30 days following the receipt of the report, the directors shall call a general meeting of key personnel to consider matters contained in the report.
3. The division shall forward a copy of the report to the chairman of each credit union within 30 days after it is completed. The board of directors shall inform the members of the credit union of its general condition at the next annual meeting.
4. For each examination the credit union shall pay a fee based on the rate established pursuant to section 1 of this act.
5. The board of directors may engage a certified public accountant to perform such an examination in lieu of the division staff. In such cases, the examination must be equivalent to the type of examination made by the division and the expense must be borne by the credit union being inspected.
________
Senate Bill No. 88Senators Shaffer, Wagner, Beyer, Coffin, Gibson, Hickey, Horn, Jacobsen, Joerg, Mello, OConnell, ODonnell, Raggio, Rawson, Redelsperger, Rhoads, Townsend and Vergiels
CHAPTER 804
AN ACT relating to sentencing; authorizing the residential confinement of a person convicted of a crime who violates the conditions of his probation or parole; requiring supervision by the department of parole and probation; authorizing a justice of the peace or municipal judge to sentence a person convicted of a misdemeanor to a term of residential confinement in lieu of certain other punishment; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.
2. In ordering the person to a term of residential confinement, the court shall:
(a) Direct that he be placed under the supervision of the department of parole and probation;
(b) Require the person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the department of parole and probation; and
κ1987 Statutes of Nevada, Page 2229 (CHAPTER 804, SB 88)κ
(c) Require intensive supervision of the person, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the department of parole and probation may be used to supervise a person ordered to a term of residential confinement if it is limited in capability to recording or transmitting information concerning the persons presence at his residence and is minimally intrusive. A device which is capable of recording or transmitting:
(a) Visual images;
(b) Oral or wire communications or any auditory sound; or
(c) Information concerning the persons activities while inside his residence,
must not be used.
4. The court shall not order a person to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the sentence imposed by the court.
Sec. 3. 1. In ordering a person to a term of residential confinement, a court may establish the terms and conditions of that confinement.
2. The court may, at any time, modify the terms and conditions of the residential confinement.
3. The court shall cause a copy of its order to be delivered to the person and the department of parole and probation.
Sec. 4. If it is determined that the person violated any term or condition of his residential confinement, the sentence may be rescinded, modified or continued. If it is rescinded, another punishment authorized by law must be imposed.
Sec. 5. The department of parole and probation shall establish procedures to administer a program of supervision for persons who are ordered to a term of residential confinement.
Sec. 6. NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.245, inclusive [:] , and sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Board means the state board of parole commissioners.
2. Court means a district court of the State of Nevada.
3. Parole and probation officer means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.
Sec. 7. NRS 176.221 is hereby amended to read as follows:
176.221 If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of [such] that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may [continue] :
κ1987 Statutes of Nevada, Page 2230 (CHAPTER 804, SB 88)κ
1. Continue or revoke the probation or suspension of sentence [, and may cause] ;
2. Order the probationer to a term of residential confinement pursuant to section 2 of this act; or
3. Cause the sentence imposed to be executed.
Sec. 8. Chapter 4 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 13, inclusive, of this act.
Sec. 9. As used in sections 10 to 13, inclusive, of this act, residential confinement means the confinement of a person convicted of a misdemeanor to his place of residence under the terms and conditions established by the sentencing court.
Sec. 10. 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the dependent to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the department of parole and probation may be used to supervise a convicted person sentenced to a term of residential confinement if it is limited in capability to recording or transmitting information concerning the persons presence at his residence and is minimally intrusive. A device which is capable of recording or transmitting:
(a) Visual images;
(b) Oral or wire communications or any auditory sound; or
(c) Information concerning the persons activities while inside his residence,
must not be used.
4. The justice of the peace shall not sentence a convicted person to a term of residential confinement unless he agrees to the sentence.
5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 11. 1. In sentencing a person to a term of residential confinement.
2. The justice of the peace may, at any time, modify the terms and conditions of the residential confinement.
3. The justice of the peace shall cause a copy of his order to be delivered to the convicted person and the local law enforcement agency.
κ1987 Statutes of Nevada, Page 2231 (CHAPTER 804, SB 88)κ
Sec. 12. If it is determined that the convicted person violated any term or condition of his residential confinement, the sentence may be rescinded, modified or continued. If it is rescinded, another punishment authorized by law must be imposed.
Sec. 13. The justices court may contract with a qualified person to administer a program of supervision for persons who are sentenced to a term of residential confinement pursuant to section 10 of this act.
Sec. 14. Chapter 5 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 19, inclusive, of this act.
Sec. 15. As used in sections 16 to 19, inclusive, of this act, residential confinement means the confinement of a person convicted of a misdemeanor to his place of residence under the terms and conditions established by the sentencing court.
Sec. 16. 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the department of parole and probation may be used to supervise a convicted person sentenced to a term of residential confinement if it is limited in capability to recording or transmitting information concerning the persons presence at his residence and is minimally intrusive. A device which is capable of recording or transmitting:
(a) Visual images;
(b) Oral or wire communications or any auditory sound; or
(c) Information concerning the persons activities while inside his residence,
must not be used.
4. The municipal judge shall not sentence a convicted person to a term of residential confinement unless he agrees to the sentence.
5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 17. 1. In sentencing a person to a term of residential confinement, a municipal judge may establish the terms and conditions of that confinement.
κ1987 Statutes of Nevada, Page 2232 (CHAPTER 804, SB 88)κ
2. The municipal judge may, at any time, modify the terms and conditions of the residential confinement.
3. The municipal judge shall cause a copy of his order to be delivered to the convicted person and the local law enforcement agency.
Sec. 18. If it is determined that the convicted person violated any term or condition of his residential confinement, the sentence may be rescinded, modified or continued. If it is rescinded, another punishment authorized by law must be imposed.
Sec. 19. The municipal court may contract with a qualified person to administer a program of supervision for persons who are sentenced to a term of residential confinement pursuant to section 16 of this act.
Sec. 20. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 24, inclusive, of this act.
Sec. 21. 1. If a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the board shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the department; and
(b) Require intensive supervision of the parolee, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the department of parole and probation may be used to supervise a parolee ordered to a term of residential confinement if it is limited in capability to recording or transmitting information concerning the parolees presence at his residence and is minimally intrusive. A device which is capable of recording or transmitting:
(a) Visual images;
(b) Oral or wire communications or any auditory sound; or
(c) Information concerning the parolees activities while inside his residence,
must not be used.
4. The board shall not order a parolee to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the unexpired term of the parolees original sentence.
Sec. 22. 1. In ordering a parolee to a term of residential confinement, the board may establish the terms and conditions of that confinement.
2. The board may, at any time, modify the terms and conditions of the residential confinement.
3. The board shall cause a copy of its order to be delivered to the parolee.
κ1987 Statutes of Nevada, Page 2233 (CHAPTER 804, SB 88)κ
Sec. 23. If it is determined that the parolee violated any term or condition of his residential confinement, the order may be rescinded, modified or continued, and his parole may be revoked.
Sec. 24. The board shall establish procedures to administer a program of supervision for parolees who are ordered to a term of residential confinement pursuant to section 21 of this act.
Sec. 25. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive, [and] section 2 of [this act:] Assembly Bill No. 584 of this session and sections 21 to 24, inclusive, of this act:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
Sec. 26. Section 25 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 155Committee on Commerce and Labor
CHAPTER 805
AN ACT relating to group health insurance; requiring certain policies to provide for continued coverage for a certain period under certain circumstances; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. If an employee who employs less than 20 employees maintains a policy of group health insurance which covers those employees, the policy must contain a provision which permits:
(a) An employee to elect to continue identical coverage under the policy, excluding coverage provided for eye or dental care, if:
(1) His employment is terminated for any reason other than gross misconduct; or
(2) The number of his working hours is reduced so that he ceases to be eligible for coverage.
(b) The spouse or dependent child of an employee to elect to continue coverage, excluding coverage provided for eye or dental care, if:
κ1987 Statutes of Nevada, Page 2234 (CHAPTER 805, SB 155)κ
(1) The employees employment is terminated for any reason other than gross misconduct or the number of his working hours is reduced so that he ceases to be eligible for coverage;
(2) The employee dies;
(3) The employee and his spouse are divorced or legally separated;
(4) The dependent child ceases to be eligible for coverage under the terms of the policy; or
(5) The spouse ceases to be eligible for coverage after becoming eligible for Medicare.
2. The period of continued coverage is limited to:
(a) Eighteen months for an employee.
(b) Thirty-six months for an employees spouse or dependent child.
3. An employee who voluntarily leaves his employment, or the spouse or dependent child of that employee, is not eligible to continue coverage pursuant to this section.
4. An employee, spouse or dependent child who has not been covered under any group policy of the employer for at least 12 consecutive months before the termination of his coverage is not eligible to continue coverage pursuant to this section.
Sec. 3. 1. An employee, spouse or dependent child shall notify the employer that he is eligible to continue his coverage pursuant to section 2 of this act not later than 60 days after he becomes eligible to do so.
2. The employer shall, within 14 days after receipt of the notification given pursuant to subsection 1, provide adequate information to the employee, spouse or dependent child regarding the election to continue coverage and the premium required to be paid.
3. If the employee, spouse or dependent child elects to continue coverage, he shall notify the insurer of his election and pay to the insurer the premium required by section 4 of this act within 60 days after receipt of the information provided pursuant to subsection 2.
Sec. 4. 1. Any person who elects to continue coverage pursuant to section 2 of this act shall pay the premium for that coverage in an amount not to exceed 125 percent of the premium charged to the employer by the insurer on the date on which that person became eligible for continued coverage.
2. If there is a change in the rate charged or benefits provided under the policy during the time of continued coverage, the premium may not exceed 125 percent of the new rate charged to the employer.
3. The premiums must be paid to the insurer on a quarterly basis.
4. If the payment of a premium is not received by the insurer within 30 days after the date on which it is due, continued coverage must be terminated.
Sec. 5. If an employer changes his insurer during a period of a persons continued coverage, the new insurer shall provide continued coverage for that person for the remainder of the continuation period.
Sec. 6. Continued coverage pursuant to section 2 of this act ceases before the end of the period provided in that section if:
κ1987 Statutes of Nevada, Page 2235 (CHAPTER 805, SB 155)κ
1. The employer discontinues group health insurance for his employees;
2. The employee, spouse or dependent child fails to pay the required premiums;
3. The employee, spouse or dependent child becomes covered under any other policy of group health insurance;
4. The employee or spouse qualifies for Medicare; or
5. The spouse remarries and becomes eligible for coverage under the new spouses policy of group health insurance.
Sec. 7. NRS 689B.240 is hereby amended to read as follows:
689B.240 The insurer may continue coverage identical to that provided under the group policy instead of issuing a converted polity. Coverage may be offered by amending the group certificate or by issuing an individual policy and , except as otherwise provided in sections 2 to 6, inclusive, of this act, must otherwise comply with every requirement of NRS 689B.120 to 689B.240, inclusive.
Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
A group contract issued by a corporation under the provisions of this chapter must contain a provision which permits the continuation of coverage pursuant to sections 2 to 6, inclusive, of this act.
Sec. 9. NRS 695B.259 is hereby amended to read as follows:
695B.259 The medical service corporation may continue coverage identical to that provided under the group contract instead of issuing a converted contract. Coverage may be offered by amending the group certificate or by issuing an individual contract and , except as otherwise provided in sections 2 to 6, inclusive, of this act, must otherwise comply with every requirement of NRS 695B.251 to 695B.259, inclusive.
Sec. 10. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
Any policy of group insurance to which an enrollee is entitled under a health care plan provided by a health maintenance organization must contain a provision which permits the continuation of coverage pursuant to sections 2 to 6, inclusive, of this act.
Sec. 11. This act becomes effective on January 1, 1988.
________
κ1987 Statutes of Nevada, Page 2236κ
Assembly Bill No. 871Committee on Health and Welfare
CHAPTER 806
AN ACT relating to franchises by local governments; eliminating the requirement that certain public utilities file a petition signed by a majority of resident taxpayers to obtain a franchise or the extension of a franchise; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 709.070 is hereby amended to read as follows:
709.070 1. [An applicant must also file with the application, and as a part thereof, if the franchise, right or privilege is to be exercised within any unincorporated town in the county, a petition in writing, signed by a majority of the resident taxpayers of the unincorporated town. The taxpayers must be residents and owners of real property situated in the county, and paying taxes upon that real property. If the street railway, electric light, heat and power lines, gas and water mains, telegraph and telephone lines do not pass through any unincorporated town, no petition need be filed with the application for the franchise.
2.] Upon the filing of the application, the board of county commissioners shall, at its next regular meeting, cause notice of the application to be given. Before notice is given, the applicant must deposit with the clerk of the board the cost of publication of the notice, the amount to be fixed by the board of county commissioners.
[3.] 2. The notice must contain:
(a) The name of the [firm, association, corporation,] person or persons making the application.
(b) The nature, in general terms, of the franchise, right or privilege applied for.
(c) The day when the hearing upon the application will be held.
(d) A statement that all persons who have any objections to the granting of the franchise, right or privilege must file their objections, in writing, with the clerk of the board before the date of the hearing, or must appear at the meeting and present their objections at that time.
[4.] 3. The notice must be published once [a] each week for 4 consecutive weeks in a newspaper of general circulation published in the county. If no newspaper is published in the county, notice must be given by the posting of notices as provided in this section.
[5.] 4. The clerk shall also cause three copies of the notice to be posted in three public places nearest where the application will take effect, and if more than one unincorporated town is affected, the notice must be posted in three public places in each of the incorporated towns.
[6.] 5. The publication or posting of the notice must be completed:
κ1987 Statutes of Nevada, Page 2237 (CHAPTER 806, AB 871)κ
(a) Before the next regular meeting of the board of county commissioners at which the application is considered; or
(b) At least 10 days before a hearing on the application is held.
[7.] 6. Proof of the notice must be made by the clerk of the board before the hearing in the matter proceeds, and the proof must become a part of the record of the proceedings.
Sec. 2. NRS 709.090 is hereby amended to read as follows:
709.090 If, upon full consideration of all the facts, the board of county commissioners determines that [a majority of the resident taxpayers, as provided in NRS 709.070, have signed the petition and desire the franchise allowed,] the granting of the franchise is in the best interests of the residents of the county, the board shall fix the terms and prescribe the conditions under which the franchise is to be granted, the character or kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters as may be properly connected therewith, and shall thereupon grant [such] the franchise subject to such terms and conditions.
Sec. 3. NRS 709.190 is hereby amended to read as follows:
709.190 [1.] Any person [, association or corporation] engaged in the business of supplying electric light, heat or power within two or more counties of this state, and who desires to extend the business into any other county or counties, may obtain a franchise to construct, install, operate and maintain electric light, heat and power lines, and all necessary or proper appliances used in connection therewith, or appurtenant thereto, in or over the streets, alleys, avenues, and other places, in any unincorporated town, and along the public roads and highways, in any other county or counties, by filing with the board of county commissioners of the county or counties, respectively, within which the franchise is to be exercised an application, in writing, setting forth:
[(a)] 1. The name of the applicant, the counties in which the applicant is operating, and the time for which the franchise is desired, not exceeding 50 years.
[(b)] 2. The places where the franchise, right or privilege is to be exercised in the county.
[2. If the franchise is to be exercised, in whole or in part, within any unincorporated town in the county, the applicant must also file with the application a petition in writing, signed by a majority of the resident taxpayers of the unincorporated town.]
Sec. 4. NRS 709.210 is hereby amended to read as follows:
709.210 If, upon the hearing of the application, it appears to the satisfaction of the board of county commissioners that the applicant is engaged in the business of furnishing electric light, heat or power within two or more counties of this state and [, if the franchise is to be exercised, in whole or in part, within any unincorporated town in the county, that a majority of the resident taxpayers of the town has signed the petition and desire the franchise to be allowed,] that the granting of the franchise is in the best interests of the residents of the county, the board of county commissioners shall thereupon grant the franchise for a term not exceeding 50 years.
κ1987 Statutes of Nevada, Page 2238 (CHAPTER 806, AB 871)κ
the best interests of the residents of the county, the board of county commissioners shall thereupon grant the franchise for a term not exceeding 50 years.
________
Senate Bill No. 396Committee on Finance
CHAPTER 807
AN ACT relating to the department of prisons; requiring deductions from an offenders account for medical costs of the department; requiring the director of the department to establish systems for the classification and evaluation of offenders; permitting a pharmacy in an institution of the department to dispense a controlled substance without a physicians order for the lethal injection of an offender sentenced to death; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.246 is hereby amended to read as follows:
209.246 The [board shall] director shall, with the approval of the board, establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to [repay] :
1. Repay the cost of:
[1.] (a) State property willfully damaged or destroyed by the offender during his incarceration.
[2.] (b) Medical treatment for injuries inflicted by the offender upon himself or others.
[3.] (c) Searching for and apprehending the offender when he escapes or attempts to escape.
[4.] (d) Quelling any riot or other disturbance in which the offender is unlawfully involved.
2. Defray the costs paid by the department for medical care for the offender.
Sec. 2. NRS 209.341 is hereby amended to read as follows:
209.341 The director shall [assign] :
1. With the approval of the board, establish a system of initial classification and evaluation for offenders who are committed to him for evaluation by the department or sentenced to imprisonment in the state prison; and
2. Assign every person who is committed to him for evaluation by the department or who is sentenced to imprisonment in the state prison to an appropriate institution or facility of the department. The assignment must be based on an evaluation of the offenders records, particular needs and requirements for custody . [requirements.]
κ1987 Statutes of Nevada, Page 2239 (CHAPTER 807, SB 396)κ
Sec. 3. NRS 209.351 is hereby amended to read as follows:
209.351 The director shall:
1. Establish a system of ongoing classification and evaluation to [insure] ensure the individualized custody, care and training of offenders under the departments jurisdiction.
2. Keep, or cause to be kept, records [of all offenders whereon shall be recorded:] for each offender containing:
(a) The offenders name, age, date of birth, race, sex, height, weight, complexion, color of eyes and hair, peculiarities of build or features.
(b) [Place] The offenders place of birth (state, county or city, or country, province or city).
(c) [Occupation,] The offenders occupation and whether [the offender] he can read and write.
(d) [Date] The offenders record of conviction, including the date of sentence, name of the judge passing sentence, county from which sentenced, [the] crime charged, date of incarceration, term of imprisonment [,] and expiration date of minimum and maximum terms of imprisonment.
(e) Such other desirable or pertinent information as may be necessary.
3. Maintain a comprehensive record of the behavior of each offender reflecting his accomplishments and progress as well as charges of infractions of regulations, punishments imposed and medical services rendered.
Sec. 4. 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 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 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 pharmacy in an institution of the department of prisons 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.
________
κ1987 Statutes of Nevada, Page 2240κ
Assembly Bill No. 395Committee on Judiciary
CHAPTER 808
AN ACT relating to support for children; revising the procedures for the withholding of income; requiring the appointment of a master in certain cases; requiring payment towards arrearages; eliminating limitations on actions to enforce orders for support; authorizing the assignment of wages; providing a penalty; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 31A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. 1. If an employer wrongfully refuses to honor a notice to withhold wages and commissions or knowingly misrepresents the income of an employee, the district attorney may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.
2. At the hearing on the order to show cause the court, upon a finding that the employer wrongfully refused to honor the notice to withhold or knowingly misrepresented an employees income:
(a) May order the employer to comply with the notice to withhold wages and commissions;
(b) May order the employer to provide accurate information concerning the employees income;
(c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and
(d) Shall require the employer to pay the amount the employer failed or refused to withhold from the responsible parents salary.
Sec. 3. The county clerks may collect and disburse withholdings pursuant to NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act.
Sec. 4. In any proceeding in which the court orders a parent to pay any amount for the support of a child, the court may also order the parent to assign to the person entitled to the payment of support, or that persons legal representative, that portion of the wages or commissions of the parent which are due or to become due and are sufficient to pay the amount ordered by the court for the support.
Sec. 5. 1. The court shall order the responsible parent who is subject to a previous order for support of a child, to make an assignment of his wages or commissions, due or to become due, upon application in writing, verified by the person entitled to the support, that the responsible parent is delinquent in paying support in an amount equal to the amount he was ordered to pay as support for a 30-day period.
2. Within 10 days after the court has entered its order, the person entitled to the support or his legal representative, shall send notice by certified mail to the last known address of the responsible parent, advising him that the assignment will go into effect 15 days after the day on which the notice was sent.
κ1987 Statutes of Nevada, Page 2241 (CHAPTER 808, AB 395)κ
him that the assignment will go into effect 15 days after the day on which the notice was sent.
3. The responsible parent may, at any time before the assignment goes into effect, request a hearing before the court on the issue of whether the assignment should be made. If the court receives a request, it shall schedule a hearing and stay the effect of the assignment until after the hearing. If the responsible parent establishes at the hearing that payments were made substantially at the times and in amounts required by the order of the court, the court shall rescind its order of assignment.
4. An assignment pursuant to this section becomes effective:
(a) Fifteen days after the mailing of the notice by the applicant if the responsible parent has not requested a hearing; or
(b) When the court issues its decision after a hearing if it finds that the responsible parent has not complied with the order which awarded support.
5. If the assignment becomes effective, costs and attorneys fees may be assessed against the responsible parent.
Sec. 6. NRS 31A.160 applies to all assignments of wages pursuant to sections 4 to 13, inclusive, of this act. The assignment:
1. Must be calculated in accordance with NRS 31.295.
2. May include the amount of the current support due and a payment on the arrearages if previously ordered by a court of competent jurisdiction.
Sec. 7. 1. An order for an assignment issued pursuant to sections 4 to 13, inclusive, of this act, operates as an assignment and is binding upon any existing or future employer of the responsible parent upon whom a copy of the order is served by certified mail, return receipt requested. The order may be modified or revoked at any time by the court.
2. For the purpose of enforcing the obligation for support, the employer shall cooperate with and provide relevant information concerning the responsible parents employment to the person entitled to the support or that persons legal representative. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
3. If the order for support is amended or modified, the person entitled to the payment of support or that persons legal representative shall notify the employer of the responsible parent to modify the amount to be withheld accordingly.
4. To reimburse him for his costs in making the payment pursuant to the assignment, the employer may deduct $3 from the amount paid to the responsible parent each time he makes a payment.
5. If an employer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an employee, the court, upon request of the person entitled to the support or that persons legal representative, may enforce the order of assignment in the manner provided for the enforcement of a notice to withhold in section 2 of this act.
6. Compliance by an employer with an order of assignment operates as a discharge of the employers liability to the employee as to that portion of the employees wages or commissions affected.
κ1987 Statutes of Nevada, Page 2242 (CHAPTER 808, AB 395)κ
Sec. 8. An employer may not use assignments of wages and commissions for payments to collect an obligation of support as a basis for the discharge of an employee or for disciplinary action against the employee. An employer who discharges or disciplines an employee in violation of this section shall reinstate the employee with no loss of pay or benefits, is liable for any payments of support not paid and shall be fined $1,000. If an employee prevails in an action for reinstatement based on this section, the employer is liable, in an amount of not less than $2,500, for payment of the employees costs and attorneys fees incurred in that action.
Sec. 9. In any proceeding where a court makes or has made an order of assignment of wages or commissions for the payment of support of a child to a parent receiving welfare payments for the maintenance of minor children, the court shall direct that payments made pursuant to the assignment be made to the welfare division. The district attorney may appear in any proceeding to enforce that order.
Sec. 10. 1. The parent to whom support is ordered to be paid by assignment of wages or commissions shall notify the court and the employer of the responsible parent by any form of mail requiring a return receipt, of any change of address within a reasonable time after that change.
2. If the employer or the legal representative of the person entitled to the payment for support is unable to deliver payments as required pursuant to sections 4 to 13, inclusive, of this act, within 3 months because of the failure of the person entitled to the support to notify the employer or his legal representative of a change of address, the employer or legal representative shall not make any further payments pursuant to the assignment and shall return all undeliverable payments to the employee.
Sec. 11. The responsible parent may petition the court to terminate an order of assignment of wages or commissions if:
1. The required payments have been withheld and paid for 18 consecutive months to the person entitled to the support; and
2. All arrearages have been paid.
Sec. 12. 1. Money may be withheld for support of a child pursuant to sections 4 to 13, inclusive, of this act, from any money due the responsible parent as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or as a return of contributions and interest, or due to some other person because of his death, from the state, a political subdivision of the state or an agency of either, a public trust, corporations or board or a system for retirement, disability or annuity established by a statute of this state.
2. When a certified copy of any order of assignment is served by certified mail, return receipt requested, on any public entity described in subsection 1, other than the Federal Government, it shall comply with any request for a return of employee contributions by an employee named in the order by paying the contributions to the person entitled to the payment of support or that persons legal representative unless the entity has received a certified copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an employee.
κ1987 Statutes of Nevada, Page 2243 (CHAPTER 808, AB 395)κ
or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an employee.
Sec. 13. Upon receipt of money paid pursuant to sections 4 to 13, inclusive, of this act, the person entitled to the payment of support or that persons legal representative shall, within 10 days after such receipt, send written notice of that fact to the parties and the employer or agency withholding and transmitting the assignment.
Sec. 14. NRS 31A.010 is hereby amended to read as follows:
31A.010 As used in this chapter, unless the context otherwise requires [, enforcing authority] :
1. Court means the district court.
2. Enforcing authority means the welfare division [of the department of human resources] or the district attorney.
3. Welfare division means the welfare division of the department of human resources.
Sec. 15. NRS 31A.020 is hereby amended to read as follows:
31A.020 [1.] If a responsible parent is [30 days delinquent in making a payment for] delinquent in paying the support of a child [as ordered by a court, the person] in an amount equal to the amount he has been ordered to pay for a 30-day period:
1. And the case is on file with the enforcing authority, the enforcing authority shall initiate the procedure for the withholding of income pursuant to this chapter.
2. The person to whom support is owed may [apply:
(a) If he is receiving public assistance, to the welfare division of the department of human resources or to the district attorney of the county or Carson City where the applicant resides; or
(b) In all other cases, to the district attorney only,
to obtain withholding of income.
2. The application must contain:
(a) A certified copy of the order for support from a court of competent jurisdiction;
(b) A sworn statement by the person to whom support is owed specifying:
(1) That the payment is at least 30 days delinquent;
(2) The amount of the current support payments and the amount of the arrearages; and
(3) That he has physical custody of the child for whom support is sought.] file a notice of the delinquency with the enforcing authority to obtain withholding of income.
Sec. 16. NRS 31A.030 is hereby amended to read as follows:
31A.030 1. The amount to be withheld [:
1. Must] must be calculated in accordance with NRS 31.295 [; and
2. May include the] and must include:
(a) The amount of the current support due [and a payment on the arrearages if previously ordered by a court of competent jurisdiction.] plus:
(1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or
κ1987 Statutes of Nevada, Page 2244 (CHAPTER 808, AB 395)κ
periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or
(2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered; or
(b) If the child is emancipated, arrearages as provided in section 35 of this act, until the arrearages are paid in full.
2. If there is more than one notice for withholding against the same responsible parent, the enforcing authority shall allocate the amount available from withholding among those persons entitled to it pursuant to the notices for withholding:
(a) Giving priority to an obligation for current support; and
(b) Except as provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding.
Sec. 17. NRS 31A.040 is hereby amended to read as follows:
31A.040 [Upon receipt of the completed application,] When the enforcing authority becomes aware that a responsible parent is delinquent in making a payment for support of a child as ordered by a court, the enforcing authority shall notify the responsible parent by certified mail to his last known address, return receipt requested:
1. That he is delinquent;
2. Of the amount of the arrearages:
3. Of the amount to be withheld from his wages or commissions to pay current support and the amount to be withheld to pay arrearages:
4. That the notice for withholding applies to any current or subsequent employer;
5. That a notice to withhold from his wages and commissions will be mailed to his employer 10 days after the date of the mailing to him of the notice of delinquency, unless he contests it;
[4.] 6. That he may contest the withholding; and
[5.] 7. Of the grounds and procedures for contesting it.
Sec. 18. NRS 31A.050 is hereby amended to read as follows:
31A.050 1. If the responsible parent, within [10] 15 days after the notice of delinquency is mailed to him , requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court, unless the authority determines that withholding is not required . [or unless the responsible parent pays the amount of the arrearages.]
2. The responsible parent may contest the withholding on the following grounds:
(a) That the court which issued the order for support lacked personal jurisdiction over him;
(b) That there is a mistake of fact as to:
(1) Whether the responsible parent has been delinquent [for 30 days;] in an amount equal to the amount he has been ordered to pay as support for a 30-day period;
(2) The amount of the arrearages or support; [or]
(3) The custody of the child; or
κ1987 Statutes of Nevada, Page 2245 (CHAPTER 808, AB 395)κ
(c) That the order of support was [attained] obtained by fraud . [; or
(d) That the statute of limitations precludes the recovery of all or a part of the arrearages.]
No other issues or defenses may be presented to the court.
Sec. 19. NRS 31A.060 is hereby amended to read as follows:
31A.060 1. If the court determines that:
(a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to prevent the withholding.
(b) [The statute of limitations precludes all or part of the arrearages, it may issue an order to allow withholding of income excluding those arrearages.
(c)] An order of support is valid [,] and there is no fraud or mistake of fact, [and the statute of limitations is not applicable,] it shall order the enforcing authority to proceed with the withholding [.] and order, if appropriate, a specific amount to be withheld and applied to arrearages pursuant to NRS 31A.030.
2. The court shall make its decision within 45 days after the notice of the delinquency is mailed to the responsible parent.
3. If the court orders the enforcing authority to proceed with the withholding, it may assess costs and attorneys fees against the responsible parent.
4. The enforcing authority shall give written notice to the responsible parent. The notice may contain:
(a) The decision of the court;
(b) The beginning date of any withholding ordered by the court; and
(c) A summary of the information which was given to the employer in the notice required by NRS 31A.070.
Sec. 20. NRS 31A.070 is hereby amended to read as follows:
31A.070 1. The enforcing authority shall mail, by certified mail, return receipt requested, a notice to withhold wages and [income] commissions to the responsible parents employer, 10 days after notice of the delinquency was mailed to the responsible parent or, if the responsible parent contests the notice, at the order of the court.
2. The notice of withholding [shall state] must:
(a) Specify the amount to be withheld from the wages and commissions of the responsible parent [.] ;
(b) Specify the amount of the fee authorized in NRS 31A.090 for the employer;
(c) Describe the limitation for withholding of wages and commissions prescribed in NRS 31.295;
(d) Describe the prohibition against terminating the employment of a responsible parent because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice of withholding;
(e) Specify that, pursuant to NRS 31A.160, the withholding of wages and commissions to enforce an order of a court for child support has priority over other proceedings against the same money; and
κ1987 Statutes of Nevada, Page 2246 (CHAPTER 808, AB 395)κ
(f) Explain the duties of an employer upon the receipt of the notice to withhold.
Sec. 21. NRS 31A.080 is hereby amended to read as follows:
31A.080 An employer who receives a notice to withhold wages and [income] commissions shall:
1. Withhold the amount stated in the notice from the wages and commissions due the responsible parent [; and] beginning with the first pay period that occurs within 14 days after the date the notice was mailed to the employer and continuing until the enforcing authority notifies him to discontinue the withholding;
2. Deliver the money withheld to the enforcing authority [.] or the county clerk, if appropriate, within 10 days after the date of each payment of the regularly scheduled payroll of the employer; and
3. Notify the enforcing authority when the responsible parent subject to withholding terminates his employment, and provide the responsible parents last known address and the name of any new employer of that parent, if known.
Sec. 22. NRS 31A.090 is hereby amended to read as follows:
31A.090 1. A notice to withhold wages and commissions is binding upon any employer of the responsible parent to whom it is mailed. To reimburse him for his costs in making the withholding, the employer may deduct $3 from the amount paid the responsible parent each time he makes a withholding.
2. If an employer withholds wages and commissions of more than one employee, he may pay the enforcing authority the amounts withheld with one check, but he shall attach to the check a statement identifying each responsible parent for whom payment is made and the amount transmitted for that parent.
3. The employer shall cooperate with and provide relevant information to the enforcing authority as necessary to enable it to enforce the obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.
Sec. 23. NRS 31A.110 is hereby amended to read as follows:
31A.110 The enforcing authority may, pursuant to [this chapter,] NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act, collect, by withholding, an obligation for support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same responsible parent and the child resides with the spouse or former spouse for whom the obligation of support is being collected.
Sec. 24. NRS 31A.120 is hereby amended to read as follows:
31A.120 1. It is unlawful for an employer to use the withholding of wages and commissions to collect an obligation of support as a basis for discharging the employee or for disciplinary action against him. Any employer who violates this section shall reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action for reinstatement based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employees costs and attorneys fees incurred in that action.
κ1987 Statutes of Nevada, Page 2247 (CHAPTER 808, AB 395)κ
based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employees costs and attorneys fees incurred in that action.
2. If an employer wrongfully refuses to withhold from the wages and commissions of a responsible parent as required in the notice of withholding from the enforcing authority [,] or knowingly misrepresents the income of the employee, he shall pay [that amount] the amount he refused to withhold to the enforcing authority [.] and may be ordered to pay punitive damages to the person to whom support is owned in an amount not to exceed $1,000 for each pay period he failed to honor the order of withholding or knowingly misrepresented the income of the employee.
Sec. 25. NRS 31A.150 is hereby amended to read as follows:
31A.150 1. Money may be withheld for support of a child pursuant to [this chapter] NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act, from any money due the responsible parent as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or as a return of contributions and interest, or due to some other person because of his death, from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state.
2. When a certified copy of the notice to withhold income is delivered by certified mail, return receipt requested, to a public entity described in subsection 1, it shall comply with the request and pay the amounts withheld as required in the notice to the enforcing authority.
Sec. 26. NRS 31A.170 is hereby amended to read as follows:
31A.170 The enforcing authority shall, upon the request of the responsible parent, notify his employer to discontinue withholding if [the] :
1. The required payments have been withheld and paid for 18 consecutive months to the parent for whom support is being collected [.] ; and
2. All arrearages have been paid.
Sec. 27. NRS 31A.200 is hereby amended to read as follows:
31A.200 1. The enforcing authority shall release information concerning a responsible parents failure to pay support for a child to an agency of the kind defined in 15 U.S.C. § 1681a(f) at its request, except that:
(a) If the amount of the delinquent payment is less than $1,000, the release of the information is at the discretion of the enforcing authority; and
(b) The information may be given to the agency only after notice of the proposed disclosure has been sent to the responsible parent and he has had 20 days to correct the information.
2. The enforcing authority shall collect from the requesting agency a fee not to exceed the actual cost of providing the information.
3. The welfare division shall adopt regulations prescribing the content of the notice of the proposed disclosure and establishing procedures for the responsible parent to correct any of the information to be disclosed.
κ1987 Statutes of Nevada, Page 2248 (CHAPTER 808, AB 395)κ
Sec. 28. NRS 31A.220 is hereby amended to read as follows:
31A.220 1. The enforcing authority shall issue a notice of delinquency and proceed to collect an obligation for support of a child by withholding pursuant to [this chapter] NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act, upon the request of an agency responsible for the enforcement of orders for support of a child in another county or jurisdiction.
2. The request must include:
(a) A certified copy of the order for support with any modifications;
(b) A certified copy of an order to withhold wages and commissions, if any, still in effect;
(c) A copy of the portion of the statute of that jurisdiction authorizing the withholding of wages and commissions, stating the requirements for withholding wages and commissions;
(d) A sworn statement of the parent to whom payments of support are ordered or a certified statement of the agency of the amount delinquent and any assignment of the parents right to support; and
(e) A statement of:
(1) The name, address and social security number of the responsible parent, if known;
(2) The name and address of the employer of the responsible parent or of any source of wages, commissions or other income derived in this state against which withholding is sought; and
(3) The name and address of the agency to whom payments of support collected by withholding must be transmitted.
3. If the documentation received by the enforcing authority does not conform to the requirements of subsection 2, it shall remedy the defect, if possible, without the assistance of the requesting agency. If the enforcing authority is unable to remedy the deficiencies, it shall immediately notify the requesting agency of the necessary additions or corrections. It shall not return the documentation. The enforcing authority shall accept the documentation even if it is not in the usual form, if it contains the required information.
4. Upon receipt of a request from an agency in another county or jurisdiction, notice must be sent to the responsible parent pursuant to NRS 31A.040. If he requests a hearing, the enforcing authority shall notify the requesting agency of the date, time and place of the hearing and of the agencys or custodial parents right to attend.
Sec. 29. Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 and 31 of this act.
Sec. 30. 1. In an action to establish paternity the court may appoint a master to take testimony and recommend orders.
2. The court shall appoint a master to hear all cases in a county to establish or enforce an obligation for the support of a child unless the district attorney obtains an exemption pursuant to subsection 5.
3. The master must be an attorney licensed to practice in this state. The master:
κ1987 Statutes of Nevada, Page 2249 (CHAPTER 808, AB 395)κ
(a) Shall take testimony and establish a record;
(b) In complex cases may issue temporary orders for support pending resolution of the case;
(c) Shall make findings of fact, conclusions of law and recommendations for the establishment and enforcement of an order;
(d) May accept voluntary acknowledgments of paternity or liability for support and stipulated agreements setting the amount of support;
(e) May, subject to confirmation by the district court, enter default orders against a responsible parent who does not respond to a notice or service within the required time; and
(f) Has any other power or duty contained in the order of reference issued by the court.
4. The findings of fact, conclusions of law and recommendations of the master must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the findings of fact, conclusions of law and recommendations, either party may file with the court and serve upon the order party written objections to the report. If no objection is filed, the court shall accept the findings of fact, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter upon notice and motion.
5. The welfare division may exempt any county from the requirements of subsection 2 upon application to the welfare division by the district attorney of that county. The exemption must comply with the requirements of the Federal Government concerning proceedings for the collection of an obligation of support.
Sec. 31. To the extent necessary to comply with the requirements of the Federal Government concerning the enforcement of the obligation of support of a child, to avoid jeopardizing the receipt by the welfare division of money from the Federal Government and to avoid subjecting the welfare division to other sanctions by the Federal Government, the disposition of cases to establish or enforce an obligation for support of a child must:
1. Be 90 percent completed within 90 days after service of the notice of the proceedings;
2. Be 98 percent completed within 6 months after the service of the notice of the proceedings; and
3. Be completed within 1 year after the service of the notice of the proceeding.
Sec. 32. NRS 21.010 is hereby amended to read as follows:
21.010 [As prescribed in this chapter,] Except as otherwise provided in NRS 126.263 for enforcement of a judgment for support of a child, the party is whose favor judgment is given may, at any time within 6 years after the entry thereof, obtain the issuance of a writ of execution for its enforcement [.] as prescribed in this chapter. The writ ceases to be effective 6 years after entry of the judgment.
κ1987 Statutes of Nevada, Page 2250 (CHAPTER 808, AB 395)κ
Sec. 33. NRS 125.450 is hereby amended to read as follows:
125.450 1. No court may grant a divorce, separate maintenance or annulment under this chapter [wherein] , if there are one or more minor children residing in this state [,] who are the issue of the relationship, without first providing for the medical and other care, support, education and maintenance of those children.
2. Every order for the support of a child must include notice to the parent responsible for paying support that he is subject to NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act regarding the withholding of wages and commissions for delinquent payments of support.
Sec. 34. Chapter 126 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36 of this act.
Sec. 35. A parent who, at the time the child becomes emancipated, is delinquent in the payment of support for that child pursuant to an order of a court for support, shall continue to make the payments for the support as previously ordered until the arrearages are paid.
Sec. 36. 1. If an order issued by a court of this or any other state, or pursuant to an expedited process, provides for the payment for support of a child, that order is a judgment by operation of law on or after the date the payment is due. Such a judgment may not be retroactively modified and may be enforced as other judgments of this state.
2. Payments for support of a child pursuant to an order of a court or an order issued pursuant to an expedited process which have not accrued at the time either party gives notice that he has filed a motion for modification may be modified by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification.
3. Except as otherwise provided in subsection 5, before execution for enforcement of a judgment for support of a child, the person seeking to enforce the judgment must send a notice by certified mail, return receipt requested, to the responsible parent:
(a) Specifying the name of the court that issued the order for support and the date of its issuance;
(b) Specifying the amount of arrearages accrued under the order;
(c) Stating that the arrearages will be enforced as a judgment; and
(d) Explaining that the responsible parent may, within 10 days after the notice is sent, ask for a hearing before the court concerning the amount of the arrearages.
4. The matters to be adjudicated at a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court or the governmental entity issuing the order pursuant to an expedited process. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.
5. If the amount of the judgment for arrearages has been determined by a court of this or any other state or pursuant to an expedited process, no further notice to the responsible parent is necessary for execution for enforcement of that judgment.
κ1987 Statutes of Nevada, Page 2251 (CHAPTER 808, AB 395)κ
6. As used in this section, expedited process means a judicial or administrative procedure established by any state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.
Sec. 37. NRS 126.071 is hereby amended to read as follows:
126.071 1. A child, his natural mother, a man presumed or alleged to be his father or an interested third party may bring an action pursuant to this chapter to declare the existence or nonexistence of the father and child relationship.
2. If an action under this section is brought before the birth of the child, all proceedings must be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
3. Upon the request of any of the persons listed in subsection 1, the district attorney shall take such action as is necessary to establish the parentage of a child.
Sec. 38. NRS 126.161 is hereby amended to read as follows:
126.161 1. The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.
2. If the judgment or order of the court is at variance with the childs birth certificate, the court shall order that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.
3. If the child is a minor residing in this state, the judgment or order must provide for his support [.] and must include a notice to the parent responsible for paying support that the responsible parent is subject to NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act, regarding the withholding of wages and commissions for delinquent payments of support.
4. The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.
5. The judgment or order may direct the father to pay the reasonable expenses of the mothers pregnancy and confinement. The court may limit the fathers liability for past support of the child to the proportion of the expenses already incurred which the court deems just.
Sec. 39. NRS 126.191 is hereby amended to read as follows:
126.191 [The] Except as otherwise provided in section 36 of this act, the court has continuing jurisdiction to modify the judgment or order as to custody, visitation or support . [, except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity as provided in NRS 126.267 may specify that the judgment or order may not be modified or revoked.]
Sec. 40. NRS 126.238 is hereby amended to read as follows:
126.238 The provisions of NRS 126.238 to 126.281, inclusive, and sections 35 and 36 of this act, apply to all parents of all children, whether or not legitimated.
κ1987 Statutes of Nevada, Page 2252 (CHAPTER 808, AB 395)κ
sections 35 and 36 of this act, apply to all parents of all children, whether or not legitimated.
Sec. 41. NRS 126.263 is hereby amended to read as follows:
126.263 [Any]
1. If there is no court order for support, any demand in writing to [the parent or parents] a parent not having physical custody for payment of support on behalf of a minor child, mailed to the last known address of the parent , [or parents,] tolls the running of the statute of limitations for the bringing of an action for that support.
2. A motion for relief after judgment and an independent action to enforce a judgment for support of a child may be commenced at any time.
3. If a court has issued an order for the support of a child, there is no limitation on the time in which an action may be commenced to:
(a) Collect arrearages in the amount of that support; or
(b) Seek reimbursement of money paid as public assistance for that child.
Sec. 42. NRS 126.381 is hereby amended to read as follows:
126.381 1. The district attorney of the county of residence of the child or a nonsupporting parent shall take such action as is necessary to establish parentage of the child and locate and take legal action against a deserting or nonsupporting parent of the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county , and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and the obligation of support [.] and to enforce the payment of support pursuant to this chapter or chapter 31A or 130 of NRS.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, [such] the district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
3. The district attorney and his deputies do not represent the parent or the child in the performance of their duties pursuant to this chapter, but are rendering a public service as representatives of the state.
4. [Subject to the exceptions] Except as otherwise provided in subsections 5 and 6, a privilege between lawyer and client arises between the parent or child to whom the public service is rendered and the district attorney.
5. Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the privilege between lawyer and client under these circumstances.
6. Disclosures of criminal activity by a parent or child are not privileged.
κ1987 Statutes of Nevada, Page 2253 (CHAPTER 808, AB 395)κ
Sec. 43. NRS 130.115 is hereby amended to read as follows:
130.115 [1.] Jurisdiction of any proceeding under this chapter is vested in the district court.
[2. The district court may appoint any person qualified by education, experience and training as a master to hear cases brought under this chapter. The master has the powers granted to special masters under Rule 53 of the Nevada Rules of Civil Procedure or local district court rules.]
Sec. 44. NRS 130.220 is hereby amended to read as follows:
130.220 1. If the responding court finds a duty of support, it may order the obligor to furnish support or reimbursement therefor and subject the property of the obligor to [such] that order. Support orders made pursuant to this chapter [shall require] must:
(a) Include a notice that the responsible parent is subject to NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act, for the mandatory withholding of income for delinquent payments of support; and
(b) Require that payments be made to the clerk of the court of the responding state or other appropriate agency or office.
2. If the complaint is based upon an order of a court for support of a child that is delinquent in an amount equal to the amount the responsible parent has been ordered to pay as support for a 30-day period, the court shall issue an order for withholding of wages and commissions pursuant to NRS 31A.060.
3. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Sec. 45. Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each district attorney, clerk of the court or county clerk who collects and disburses payments for support of a child shall report to the division any information required by the division regarding support for children, including information concerning the collection and disbursements of support and the establishment of paternity.
2. The administrator shall adopt regulations prescribing the forms for, and the arrangement of, the material to be submitted and the schedule for the reporting of the required information.
Sec. 46. NRS 425.260 is hereby amended to read as follows:
425.260 As used in NRS 425.260 to 425.440, inclusive, and section 45 of this act, unless the context otherwise requires, the words and terms defined in NRS 425.270 to 425.330, inclusive, have the meanings ascribed to them in those sections.
κ1987 Statutes of Nevada, Page 2254 (CHAPTER 808, AB 395)κ
Sec. 47. NRS 425.360 is hereby amended to read as follows:
425.360 1. Any payment of public assistance pursuant to this chapter creates a debt for support to the division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance. A debt for support created by a payment for assistance under this chapter is an amount equal to the least of:
(a) The amount of assistance paid:
(b) The amount due under any court order for support; or
(c) If there is no court order for support, or if the court order provides that no support is due and the facts upon which the order is based have changed, the amount due under the formula adopted by the division by regulation or under any written agreement between the division and a responsible parent.
2. The division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support and may prosecute or maintain any action for support or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is entitled to the amount of the debt created by [such] that judgment to the extent of public assistance paid, and the judgment awarded shall be deemed to be in favor of the division. This entitlement applies but is not limited to a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.
3. Debts for support may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.
Sec. 48. NRS 126.360 is hereby repealed.
________
κ1987 Statutes of Nevada, Page 2255κ
Assembly Bill No. 731Committee on Transportation
CHAPTER 809
AN ACT relating to transportation; making various changes to the provisions governing motor carriers, brokers and taxicabs; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.310 is hereby amended to read as follows:
703.310 1. When a complaint is made against any public utility, common or contract carrier or broker by any person, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act [affecting or] directly relating to the transportation of persons or property, including the handling and storage of that property, or [any] the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the division of consumer relations shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier or broker against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier or broker shall provide the division with its written response to the complaint according to the regulations of the commission.
2. If the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.
3. No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.
Sec. 2. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
The authority of the commission to supervise and regulate motor carriers and brokers respectively must be exercised separately. A motor carrier is responsible only for his own acts and those of his employees or agents who are not brokers. A broker is responsible only for his own acts and those of his employees or agents who are not motor carriers.
Sec. 3. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.016 to 706.791, inclusive, and section 2 of this act, the words and terms defined in NRS 706.016 to 706.146, inclusive, have the meanings ascribed to them in those sections, unless the context otherwise requires.
κ1987 Statutes of Nevada, Page 2256 (CHAPTER 809, AB 731)κ
this act, the words and terms defined in NRS 706.016 to 706.146, inclusive, have the meanings ascribed to them in those sections, unless the context otherwise requires.
Sec. 4. NRS 706.156 is hereby amended to read as follows:
706.156 1. All common and contract motor carriers and brokers are hereby declared to be:
[1.] (a) Affected with a public interest;
[2.] (b) Subject to NRS 706.011 to 706.791, inclusive [; and
3.] , and section 2 of this act; and
(c) Subject to the laws of this state, including the regulation of [all] rates, charges and services by the commission.
2. A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The commission shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that persons affiliation, or lack of affiliation, with any group.
Sec. 5. NRS 706.163 is hereby amended to read as follows:
706.163 The provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act, do not apply to vehicles leased to or owned by:
1. The Federal Government or any instrumentality thereof.
2. Any state or a political subdivision thereof.
Sec. 6. NRS 706.166 is hereby amended to read as follows:
706.166 The commission shall:
1. [Supervise] Subject to the limitation provided in section 2 of this act, supervise and regulate every common and contract motor carrier and broker in this state in all matters [affecting the relationship between the carriers and brokers and the traveling and shipping public] directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.
2. Regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways.
3. To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more motor carriers relating to:
(a) Fares;
(b) Rates;
(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) Charges, including charges between carriers and compensation paid or received for the use of facilities and equipment.
These regulations may not provide for collective agreements which restrain any party from taking free and independent action.
κ1987 Statutes of Nevada, Page 2257 (CHAPTER 809, AB 731)κ
Sec. 7. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A common or contract motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced rates for transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit any common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents [,] or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 65 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(g) Attendants of livestock or other property requiring the care of an attendant, who [shall] must be given return passage to the place of shipment, [provided] if there is no discrimination among shippers of a similar class.
(h) Officers, agents, employees [,] or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, [provided] if there is an interchange of such free or reduced [rate] rates for transportation.
(i) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
(j) Students of institutions of learning.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents [,] or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.
κ1987 Statutes of Nevada, Page 2258 (CHAPTER 809, AB 731)κ
5. This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.
6. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
[6.] 7. Employees, as used in this section, includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling [for the purpose of entering] to enter the service of [any] such a carrier.
Sec. 8. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by NRS 706.011 to 706.861, inclusive, or by the commission or the department under the terms of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter;
(h) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(i) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(j) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
(k) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(l) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked as provided in this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ1987 Statutes of Nevada, Page 2259 (CHAPTER 809, AB 731)κ
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of NRS 706.386 [, 706.421 or 706.768] or 706.421 within 12 consecutive months shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For the second offense and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 9. NRS 706.766 is hereby amended to read as follows:
706.766 1. It is unlawful for any common or contract motor carrier [or broker] to charge, demand, collect or receive a greater or less compensation for any service performed by it within the state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls [,] and charges named therein [shall be] are the lawful rates, tolls and charges until they are changed as provided in this chapter.
2. It is unlawful for any common or contract motor carrier [or broker] to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.
3. Any violation of the provisions of this section [shall subject] subjects the violator to the penalty prescribed in NRS 706.761.
Sec. 10. NRS 706.8827 is hereby amended to read as follows:
706.8827 1. A person shall not engage in the taxicab business unless he:
(a) Holds a certificate of public convenience and necessity from the public service commission of Nevada issued before July 1, 1981, which has not been transferred, revoked or suspended by the taxicab authority; or
(b) Currently holds a certificate of public convenience and necessity from the taxicab authority as provided in this section.
2. Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority shall fix a time and place for a hearing thereon . [and shall proceed according to the provisions of the laws of this state made applicable thereto.
3.] The taxicab authority shall issue the certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services of a taxicab motor carrier;
κ1987 Statutes of Nevada, Page 2260 (CHAPTER 809, AB 731)κ
(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought;
(d) The holders of existing certificates will not meet the needs of the territory for which the certificate is sought if the certificate is not granted; and
(e) The proposed service will benefit the public and the taxicab business in the territory to be served.
3. The applicant for a certificate has the burden of proving to the taxicab authority that the proposed operation will meet the requirements of subsection 2. The taxicab authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. The applicant must submit an application fee of $200, which must not be refunded, with his application. The applicant must also pay those amounts which are billed to him by the authority for reasonable costs incurred by it in conducting an investigation of the applicant.
[4.] 5. The taxicab authority may attach to the exercise of the rights granted by the certificate any terms and conditions which in its judgment the public interest may require.
[5.] 6. The taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.
[6.] 7. Any person who has been denied a certificate of public convenience and necessity after a hearing may not file a similar application with the taxicab authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days from the date the certificate was denied.
Sec. 11. NRS 706.768 is hereby repealed.
________
κ1987 Statutes of Nevada, Page 2261κ
Senate Bill No. 580Committee on Judiciary
CHAPTER 810
AN ACT relating to gaming; revising the annual fee for a state gaming license based upon the number of games operated; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate [eight to ten games, inclusive,] 8, 9 or 10 games, the sum of $6,000.
Those establishments operating or to operate 11, 12 or 13 games, the sum of $650 for each game so operating or to operate.
Those establishments operating or to operate [eleven to sixteen] 14, 15 or 16 games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than [sixteen] 16 games, the sum of $1,000 for each game to and including [sixteen] 16 games and the sum of $200 for each game in excess of [sixteen] 16 games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be deemed a game within the meaning of this section.
3. All licenses must be issued for the calendar year beginning January 1 and expiring December 31. If the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year.
κ1987 Statutes of Nevada, Page 2262 (CHAPTER 810, SB 580)κ
commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. If the operation is new or has been temporarily closed with the approval of the board, the commission shall prorate the license fee on a monthly basis. If any licensee desires to enlarge his operations during the calendar year, he must, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and is entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or a contiguous building must be construed as one operation [hereunder] under this section, and the license to be paid must be determined on the aggregate number of games in each room or group of rooms in the same or a contiguous building.
6. Except as otherwise provided in this section and NRS 463.386, the amount of the fee specified in subsection 1 must not be prorated.
Sec. 2. This act becomes effective on January 1, 1988.
________
Assembly Bill No. 678Assemblymen McGaughey, Schofield, Bergevin, Dini, Jeffrey, Price, DuBois, Getto, Spinello, Wendell Williams, Porter, Triggs, May, Banner, Marvel, Thompson, Kerns, Humke, Freeman, Adler, Spriggs, Lambert, Garner, Kissam, Brookman, Myrna Williams, Nevin, Callister, Nicholas, Gaston, Haller, Swain, Carpenter, Tebbs, Wisdom, Sader, Sedway, Arberry, Fay, Evans and Craddock
CHAPTER 811
AN ACT relating to governmental affairs; creating a blue ribbon commission on the legislative process; providing for its organization and duties; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature declares that:
1. Since 1950, Nevada has had the highest percentage of growth among the 50 states.
2. Because Nevada is a rapidly growing state it requires the assistance of the legislature to serve the needs of a growing population of over 1,000,000 and to ensure the timely development of an adequate economic framework for the requirements of business.
κ1987 Statutes of Nevada, Page 2263 (CHAPTER 811, AB 678)κ
and to ensure the timely development of an adequate economic framework for the requirements of business.
3. The philosophy and practice of the citizen-legislator provides a unique and valuable contribution to the creation and application of new laws.
4. Our state must have a progressive state government to promote and assist economic growth so that Nevada can develop its potential to become a strong, versatile force in the international marketplace.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, commission means the blue ribbon commission on the legislative process.
Sec. 3. 1. The blue ribbon commission on the legislative process, consisting of 11 members appointed by consensus of the speaker and minority leader of the assembly and the majority and minority leaders of the senate, is hereby created. Two members of the commission must be former or present members of the senate and two members must be former or present members of the assembly. The remainder of the members must be representatives of the general public.
2. Each member of the commission must be a resident of the state.
3. The membership must be composed of representatives from various geographical locations in the state.
Sec. 4. Each member of the commission is entitled to receive the per diem allowance and travel expenses established for state officers and employees generally for each day he is actually engaged in the business of the commission, but is not entitled to receive a salary.
Sec. 5. 1. The commission shall elect a chairman and a vice chairman at the first meeting.
2. The commission shall hold public hearings at least three times in Clark County, twice in Washoe County and once in a rural county. The chairman may hold additional meetings if he deems it necessary to accomplish the objectives of the commission.
Sec. 6. The legislative counsel bureau shall provide all staff necessary to support the operations of the commission.
Sec. 7. The commission shall consider:
1. The desirability of annual sessions of the legislature, including:
(a) The limitation of an annual session not to exceed 60 days as compared to one biennial session of unlimited days.
(b) The ability of a limited annual session to address all legislative concerns.
(c) The inability of a biennial legislature to address in a timely manner the rapid changes in the needs of the residents and businesses of our state.
2. Trends in population as projected for 1993 to 2000 and beyond, including:
(a) An analysis of the effects and needs of the anticipated increase in population.
(b) The identification of the means to address the advantages and disadvantages that this increase will create regarding delivery of state governmental services.
κ1987 Statutes of Nevada, Page 2264 (CHAPTER 811, AB 678)κ
disadvantages that this increase will create regarding delivery of state governmental services.
3. Trends in business-related enterprises, including the identification of the advantages and disadvantages of rapid growth in business-related enterprises within the state.
4. Financial remuneration of legislators, including:
(a) Recognition of the value of a citizen-legislator who can bring a laymans approach to government as opposed to professional politicians or persons from select segments of society.
(b) The need to compensate more fully the citizen-legislator to offset his living expenses while attending the session and to compensate him for the days he serves in session.
(c) The amount of compensation paid to the legislators and its effect on the caliber of person attracted to public service.
(d) The possibility that only two types of persons will be able to serve in future years in the legislature, the retired and the financially independent, if legislators are not compensated adequately.
5. The desirability of retaining the nonprofessional, citizen legislature so as to encourage diversity in the legislative process by drawing upon all socioeconomic walks of life for solving problems and planning for the 21st century.
6. The convening of the session at a later date to provide more time between the election and the beginning of the session for the legal division of the legislative counsel bureau to draft bills in order that the legislature can immediately operate at its full potential.
7. A short recess of the legislative session at midpoint to provide citizen-legislators time to consult with their constituents and address personal and business matters.
8. The use of more joint legislative committee hearings to:
(a) Reduce the time spent processing a bill.
(b) Reduce the occurrences of repetitious testimony.
(c) Reduce the time and expense of those testifying.
9. The operation of standing committees and appropriations, including a study of the desirability for all standing committees to make decisions about appropriations in their related areas and the creation of a budget committee composed of members of each standing committee to tie the budget together.
10. Any other activities and programs which may assist legislators in the continuation of the efficient and effective government of this state into the 21st century.
Sec. 8. The commission shall submit its findings and recommendations to the legislative commission by September 1, 1988, for review and action by the 65th session of the Nevada Legislature.
Sec. 9. 1. There is hereby appropriated $9,000 for the support of the blue ribbon commission on the legislative process.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 1, 1988, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1987 Statutes of Nevada, Page 2265 (CHAPTER 811, AB 678)κ
to the state general fund as soon as all payments of money committed have been made.
Sec. 10. This act expires by limitation on December 1, 1988.
________
Assembly Bill No. 518Assemblymen Spinello, Myrna Williams, Callister, Porter, Sedway, Evans, Sader, Jeffrey, Thompson, Adler, Brookman, Gaston, Freeman, Carpenter, Arberry, Tebbs, Marvel and Humke
CHAPTER 812
AN ACT relating to employment practices; prohibiting discrimination in employment against a person who is more than 69 years of age; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 613.350 is hereby amended to read as follows:
613.350 1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis of his religion, sex, age, physical or visual handicap or national origin in those instances where religion, sex, age, physical or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his physical or visual handicap in those instances where physical or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, if it is shown that the particular physical or visual handicap would prevent proper performance of the work for which the handicapped person would otherwise have been hired, classified, referred or prepared under a training or retraining program.
3. It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his age if the person is less than 40 years of age .
κ1987 Statutes of Nevada, Page 2266 (CHAPTER 812, AB 518)κ
classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his age if the person is less than 40 years of age . [or more than 69 years of age.]
4. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school or institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion.
5. It is not an unlawful employment practice for an employer to observe the terms of any bona fide plan for employees benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.430, inclusive, as they relate to discrimination against a person because of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age . [but is less than 70 years of age.]
Sec. 2. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, agencies, boards or appointing officers thereof must be based solely on merit and fitness.
2. State, county or municipal departments, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of his race, creed, color, national origin, sex, age, political affiliation or physical, aural or visual handicap, except when based upon a bona fide occupational qualification . [or as provided in NRS 284.3781.]
Sec. 3. NRS 284.3781 is hereby repealed.
________
κ1987 Statutes of Nevada, Page 2267κ
Assembly Bill No. 424Assemblymen Swain, Myrna Williams, Garner, Nicholas, Arberry, Evans, Haller, Triggs, Kissam, Lambert, Porter, Wisdom, Price, Sedway, Adler, Sader, Nevin, Brookman, Freeman, Gaston, Banner and Craddock
CHAPTER 813
AN ACT relating to the support of children; providing formulas to determine the amount of support; requiring the responsible parent to keep current his written statement concerning his ability to support his child; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 11 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 2, 3 and 4 of this act, unless the context otherwise requires:
1. Gross monthly income means the total amount of income from any source of a wage-earning employee or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
2. Obligation for support means the amount determined according to the following schedule:
(a) For one child, 18 percent;
(b) For two children, 25 percent;
(c) For three children, 29 percent;
(d) For four children, 31 percent; and
(e) For each additional child, an additional 2 percent,
of a parents gross monthly income, but not more than $500 per month per child for an obligation for support determined pursuant to paragraphs (a) to (d), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 5 of section 3 of this act.
Sec. 3. 1. A court shall apply the appropriate formula set forth in subsection 2 of section 2 of this act to:
(a) Determine the required support in any contested case involving the support of children.
(b) Regarding any request filed after July 1, 1987, change the amount of the required support of children.
2. If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in subsection 2 of section 2 of this act, any subsequent modification of that support must be based upon changed circumstances.
κ1987 Statutes of Nevada, Page 2268 (CHAPTER 813, AB 424)κ
this act, any subsequent modification of that support must be based upon changed circumstances.
3. Notwithstanding the formulas set forth in subsection 2 of section 2 of this act, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding at least the minimum amount.
4. It is presumed that the basic needs of a child are met by the formulas set forth in subsection 2 of section 2 of this act. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.
5. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall set forth findings of fact as to the basis for the deviation from the formula.
6. Expenses for health care which are not reimbursed, including, but not limited to, expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.
7. If a parent who has an obligation for support is willfully underemployed or unemployed, for the purpose of avoiding an obligation for support of a child, that obligation must be based upon the parents true potential earning capacity.
8. The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mothers pregnancy and confinement;
(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both spouses.
Sec. 4. 1. A parent shall support beyond the age of majority his child who is physically or mentally handicapped until the child is no longer handicapped or until the child becomes self-supporting. The handicap of the child must have occurred before the age of majority for this duty to apply.
2. For the purposes of this section, a child is self-supporting if he receives public assistance beyond the age of majority and that assistance is sufficient to meet his needs.
κ1987 Statutes of Nevada, Page 2269 (CHAPTER 813, AB 424)κ
receives public assistance beyond the age of majority and that assistance is sufficient to meet his needs.
3. This section does not impair or otherwise affect the eligibility of a handicapped person to receive benefits from a source other than his parents.
Sec. 5. NRS 425.390 is hereby amended to read as follows:
425.390 1. The responsible parent of a legitimate child or a child whose paternity has been judicially determined [and for whom assistance is granted] shall complete a written statement, under oath, of:
(a) His current monthly income and his total income over the past 12 months;
(b) The number of dependents for whom he is providing support;
(c) The amount which he is contributing regularly toward the support of any child for whom assistance is granted;
(d) His current monthly living expenses; and
(e) Such other information as is pertinent to determining his ability to support his children.
2. The statement [shall] must be provided upon demand made by the division, any [support enforcement] agent of the state who enforces an order for the support of a child or a prosecuting attorney. Additional statements [shall] must be filed [:
(a) Annually thereafter with the division until such time as the child is no longer receiving assistance; and
(b) Whenever] whenever there is a material change in the information given in the statement required under this section.
3. Failure of the responsible parent to comply fully with this section is a misdemeanor.
4. Any responsible parent who swears falsely to a material fact in any written statement required by this section is guilty of perjury.
________
κ1987 Statutes of Nevada, Page 2270κ
Assembly Bill No. 162Assemblymen Schofield, Dini, Sedway, Jeffrey, Porter, Banner, Bergevin, May, Tebbs, Humke, Kerns, Nevin, Price, Swain, Arberry, Getto, Brookman and Thompson
CHAPTER 814
AN ACT relating to victims of crime; expanding the definition of victim to include a person physically injured or killed by a person driving while intoxicated for the purposes of receiving certain financial aid; imposing a civil penalty against certain criminal offenders for credit to the fund for the compensation of victims of crime; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.070 is hereby amended to read as follows:
217.070 Victim means:
1. A person who is physically injured or killed as the direct result of a criminal act;
2. A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730; [or]
3. A minor who was sexually abused, as sexual abuse is defined in NRS 432B.100 [.] ; or
4. A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS 484.3795.
Sec. 2. NRS 217.220 is hereby amended to read as follows:
217.220 1. Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:
(a) Is a relative of the offender;
(b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;
(c) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim [;] or unless the vehicle was used in violation of NRS 484.379 or its use was punishable pursuant to NRS 484.3795;
(d) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred; or
(e) Was a coconspirator, codefendant , [or] accomplice or adult passenger of the offender whose crime caused the victims injuries.
2. The provisions of subsection 1 do not apply to a minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730.
3. The provisions of paragraphs (a) and (b) of subsection 1 do not apply to a minor who [was] :
(a) Was a victim of sexual abuse, as that term is defined in NRS 432B.100 [.] ; or
κ1987 Statutes of Nevada, Page 2271 (CHAPTER 814, AB 162)κ
(b) Was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.
4. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:
(a) The offender would not profit by the compensation of the victim; [and]
(b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795; and
(c) The victim cooperates with agencies of law enforcement. Such cooperation does not require prosecution of the offender.
5. The hearing officer may deny an award if he determines that the claimant will not suffer serious financial hardship. In determining whether a claimant will suffer serious financial hardship, the hearing officer shall not consider:
(a) The value of the victims dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal to the victims annual salary.
Sec. 3. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the hearings division of the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid. The [state board of examiners] board shall estimate quarterly:
(a) The revenue in the fund which is available for the payment of compensation; and
(b) The anticipated expenses for the next quarter.
If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.
3. The interest and income earned on the money in the fund for the compensation of victims of crime, after deducting any applicable charges, must be created to the fund.
4. Money deposited in the fund pursuant to section 5 of this act, and the interest and income earned on that money, after deducting any applicable charges, must be accounted for separately and, except as otherwise provided in this subsection, used for compensation of victims who are physically injured or killed as the direct result of a violation of NRS 484.379 or an act or neglect of duty punishable pursuant to NRS 484.3795.
κ1987 Statutes of Nevada, Page 2272 (CHAPTER 814, AB 162)κ
in this subsection, used for compensation of victims who are physically injured or killed as the direct result of a violation of NRS 484.379 or an act or neglect of duty punishable pursuant to NRS 484.3795. No other money in the fund may be used for that purpose. The board may direct that the money in the separate account also be used to compensate other victims.
Sec. 4. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. [All] Except as otherwise provided in section 5 of this act, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
4. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
5. The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City ................... 1.07 percent Lincoln ............................. 3.12 percent
Churchill ........................ 5.21 percent Lyon ................................. 2.90 percent
Clark ............................... 22.54 percent Mineral ............................ 2.40 percent
Douglas ......................... 2.52 percent Nye ................................... 4.09 percent
Elko ................................ 13.31 percent Pershing .......................... 7.00 percent
Esmeralda ...................... 2.52 percent Storey .............................. .19 percent
Eureka ............................ 3.10 percent Washoe ........................... 12.24 percent
Humboldt ...................... 8.25 percent White Pine ...................... 5.66 percent
Lander ............................ 3.88 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.
6. As commission to the state for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department is entitled to retain 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.
7. When the requirements of this section have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
κ1987 Statutes of Nevada, Page 2273 (CHAPTER 814, AB 162)κ
Sec. 5. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other penalty provided by law, a person convicted of a violation of NRS 484.379 is liable to the state for a civil penalty of $35, payable to the department.
2. The department shall not issue any license to drive a motor vehicle to a person convicted of a violation of NRS 484.379 until the civil penalty is paid.
3. Any money received by the department pursuant to subsection 1 must be deposited with the state treasurer for credit to the fund for the compensation of victims of crime.
Sec. 6. The state board of examiners shall, in the biennial report prepared and submitted to the 65th session of the Nevada legislature pursuant to NRS 217.250, report specifically on the amount of money received pursuant to section 5 of this act and the amount of compensation awarded pursuant to subsection 4 of NRS 217.260.
Sec. 7. The provisions of section 5 of this act do not apply with respect to any conviction obtained before July 1, 1987.
________
Assembly Bill No. 251Assemblymen Dini, Getto and Bergevin
CHAPTER 815
AN ACT relating to the financing of water projects; creating a board; providing for its organization, powers and duties; providing for the issuance of state securities; making an appropriation; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 28, inclusive, of this act.
Sec. 2. As used in sections 2 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Board means the board for financing water projects.
Sec. 4. Cost of a water project means all or a designated part of the cost of any water project, including any incidental cost pertaining to the water project. The cost of a water project may include, among other costs, the costs of:
1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;
2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;
κ1987 Statutes of Nevada, Page 2274 (CHAPTER 815, AB 251)κ
3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;
4. Establishment of a reserve for contingencies;
5. Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;
6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the water project; and
7. Short-term financing,
and the expense of operation and maintenance of the water project.
Sec. 5. Director means the director of the department of commerce or any person within the department of commerce designated by him to perform duties in connection with a water project or the issuance of bonds.
Sec. 6. Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a water project or of the collection and administration of revenues from a water project. The term includes, among other expenses:
1. Expenses for engineering, auditing, reporting, legal services and other expenses of the director which are directly related to the administration of water projects.
2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to water projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the state.
3. Payments to pension, retirement, health insurance and other insurance funds.
4. Reasonable charges made by any paying agent, commercial bank, trust company or other depository bank pertaining to any bonds.
5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and any refund of revenues from the water project, including the amount of the refund.
Sec. 7. Mortgage includes a deed of trust and any other security agreement covering real or personal property, or both.
Sec. 8. Obligor means the natural person, partnership, firm, company, public utility, corporation, association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, who agrees to make the payments sufficient to pay the principal of, premium, if any, and interest on the state securities or revenue bonds issued pursuant to sections 2 to 28, inclusive, of this act.
Sec. 9. Revenue bonds means bonds, notes or other securities evidencing a special limited obligation of the state, the principal and interest of which are payable solely out of revenues derived from the financing, leasing or sale of the water project to be financed.
κ1987 Statutes of Nevada, Page 2275 (CHAPTER 815, AB 251)κ
Sec. 10. State securities means notes, warrants, interim debentures, bonds and temporary bonds issued as general obligations by the director for any water project or for a refunding which are payable from taxes, whether or not additionally secured by a pledge of all or any designated revenues of one or more water projects.
Sec. 11. Tax means a general tax upon property.
Sec. 12. Water project means a project for the management, control, delivery, use or distribution of water.
Sec. 13. The director has all the powers necessary to accomplish the purposes set forth in sections 2 to 28, inclusive, of this act. These powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this state. He may adopt such regulations as are necessary to carry out the provisions of sections 2 to 28, inclusive, of this act.
Sec. 14. Sections 2 to 28, inclusive, of this act, must be liberally construed to effectuate the purposes of those sections.
Sec. 15. The director shall not finance a water project unless, before financing:
1. The water project has been finally approved by the board after a public hearing on the matter.
2. The director finds and the state board of examiners approves the findings of the director that:
(a) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the water project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;
(b) There are sufficient safeguards to assure that all money provided by the director will be expended solely for the purposes of the water project; and
(c) The total amount of money necessary to be provided by the director for financing the water project has been determined in writing by the board on a form acceptable to the director.
3. For the issuance of state securities, the director and the state board of examiners have received and approved the authorizing documents showing the legal authority for the obligor to borrow and repay the proceeds of the state securities.
4. For the issuance of revenue bonds, the director and the state board of examiners have received and approved:
(a) The financial plan showing that the revenues to be derived from the water project are adequate to pay the principal and interest on such bonds;
(b) A 5-year operating history form the contemplated lessee, purchaser or other obligor or from a parent or other guarantor, who guarantees the payments of principal and interest on any bonds issued; and
(c) A written statement form the obligor affirming that the obligor does not undertake to commit the state, and any political subdivision or municipality thereof to incur any pecuniary liability in connection with the issuance of the bonds.
κ1987 Statutes of Nevada, Page 2276 (CHAPTER 815, AB 251)κ
Sec. 16. 1. The bonds must be authorized by an order of the director, and must:
(a) Be in the denominations;
(b) Bear the date or dates;
(c) Mature at the time or times, not exceeding 30 years after their respective dates;
(d) Bear interest at a rate or rates specified in the order;
(e) Be in the form;
(f) Carry the registration privileges;
(g) Be executed in the manner;
(h) Be payable at the place or places within or without the state; and
(i) Be subject to the terms of redemption,
which the order authorizing their issue provides.
2. The bonds may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the director determines in his discretion.
3. State securities must be authorized by resolution of the board of examiners at the request of the director.
4. As an incidental expense to any water project to be financed by the bonds, the director may employ:
(a) Financial and legal consultants in regard to the financing of the water project; and
(b) A person whose business is in Nevada or elsewhere to act as a trustee for the water project.
5. The bonds are fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 17. 1. The director may, to pay the cost of any water project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing, except as otherwise provided in this subsection, state securities or revenue bonds. If the obligor is not a governmental entity, the director shall issue only revenue bonds to fulfill the obligation.
2. State obligations may be outstanding pursuant to this section in an aggregate principal amount of not more than $200,000,000.
3. State securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more water projects. Any governmental entity statutorily authorized to levy taxes for the payment of bonded indebtedness may use the proceeds of those taxes to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this section. Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued to finance a water project before July 1, 1987.
4. Provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of sections 2 to 28, inclusive, of this act, apply to the issuance of state securities under this section. Provisions of NRS 349.400 to 349.670, inclusive, which are not inconsistent with the provisions of sections 2 to 28, inclusive, of this act, apply to the issuance of revenue bonds under this section.
κ1987 Statutes of Nevada, Page 2277 (CHAPTER 815, AB 251)κ
of sections 2 to 28, inclusive, of this act, apply to the issuance of revenue bonds under this section.
5. The legislature finds and declares that the issuance of state securities pursuant to sections 2 to 28, inclusive, of this act, is necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 18. 1. The director may charge the obligor a fee not to exceed 2 percent of the principal amount of the financing, payable either in advance or at the time the bonds are issued. The director shall deposit all money received pursuant to this section with the state treasurer for credit to the fund for the financing of water projects.
2. Whether or not bonds are issued, the director shall use any fee so collected to reimburse his office for the expenses and costs incurred in financing the water project and, within the limits of money available for this purpose, to reimburse a municipality pursuant to the provisions of section 28 of this act. Any portion of the fee which exceeds the directors expenses and costs must be refunded to the obligor.
Sec. 19. 1. Except as otherwise provided in subsection 3, all amounts received by the director from an obligor in connection with any financing undertaken pursuant to sections 2 to 28, inclusive, of this act, must be deposited with the state treasurer for credit to the fund for the financing of water projects in the state treasury, which is hereby created.
2. Any revenue from water projects financed with state securities which is in the fund must be applied in the following order of priority:
(a) Deposited into the consolidated bond interest and redemption fund in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued for water projects.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued for water projects, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
3. Any revenue from water projects financed with revenue bonds may:
(a) Be deposited in the fund for the financing of water projects and subject to the provisions of subsection 2; or
(b) Subject to any agreement with the holders of the bonds, be invested, deposited or held by the director in such funds or accounts as he deems necessary or desirable. If the director is acting pursuant to this subsection, he need not deposit the money in the state treasury and the provisions of chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.
Sec. 20. 1. Any bonds issued under the provisions of sections 2 to 28, inclusive, of this act, may be refunded by the director by the issuance of refunding bonds in an amount which he deems necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.
κ1987 Statutes of Nevada, Page 2278 (CHAPTER 815, AB 251)κ
principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.
2. Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.
3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.
Sec. 21. No action may be brought questioning the legality of any contract, lease, agreement, indenture, mortgage, order or bonds executed, adopted or taken in connection with any water project or improvements authorized by sections 2 to 28, inclusive, of this act, after 30 days after the effective date of the order of the director authorizing the issuance of those bonds.
Sec. 22. The faith of the state is hereby pledged that sections 2 to 28, inclusive, of this act, will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a city or county to acquire, finance, improve and equip a water project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the director to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provisions for their payment and redemption have been fully made.
Sec. 23. A water project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to sections 2 to 28, inclusive, of this act.
Sec. 24. 1. The board of financing water projects is hereby created. The board consists of five members appointed by the governor.
2. The governor shall appoint:
(a) Four persons who are:
(1) Residents of this state; and
(2) Knowledgeable and experienced in the fields of planning and the development and reclamation of water resources.
κ1987 Statutes of Nevada, Page 2279 (CHAPTER 815, AB 251)κ
(b) One person who is a resident of this state and knowledgeable in the field of municipal finance.
3. Not more than three members of the board may be members of the same political party and not more than two may be residents of the same county.
Sec. 25. Each member of the board is entitled to receive a salary of $60 per day for their services while actually engaged in the performance of their duties as members of the board.
Sec. 26. The board shall:
1. At its first meeting and annually thereafter elect a chairman from among its members.
2. Meet regularly at least once in each calendar quarter and at other times upon the call of the chairman.
Sec. 27. 1. The state engineer shall advise the board, upon its request, of the existence and status of any water rights which affect a water project under consideration by the board.
2. Upon the boards request and within the limits of available resources and staff, the state engineer and the director may on a case by case basis assist persons in the preparation of a preliminary plan for a water project.
Sec. 28. 1. When any municipality or other obligor desires to undertake a water project it may present its preliminary plan to the board for approval. The board shall analyze the potential yield of the water project, and may tentatively approve it if it will preserve or increase the water available for beneficial use in this state.
2. If the board, after a public hearing on the issue, tentatively approves the water project, the municipality or other obligor may proceed to prepare a final plan and submit it for final approval. If the board finally approves the water project, the cost of the final plan may be included in the cost of the water project. If the board does not finally approve the water project, the director may, within the limits of money available for this purpose in the fund for the financing of water projects, reimburse a municipality for the costs incurred after the tentative approval.
Sec. 29. 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 issued to pay the cost of a water project pursuant to section 17 of this act, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:
κ1987 Statutes of Nevada, Page 2280 (CHAPTER 815, AB 251)κ
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before March 15 preceding the fiscal year to which it applies. A local government may, on or before April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
3. Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
Sec. 30. NRS 540.051 is hereby amended to read as follows:
540.051 The division shall:
1. Provide political subdivisions and private [enterprise in water-short] enterprises in arid regions with information, alternatives and recommendations bearing upon regional shortages of water including feasible selections or courses of planning and action for acquiring additional [waters] water or for conserving [waters] water now available, or both.
2. Include in its planning the investigation of new sources of water such as desalinization, importation [, conservation] and conservation, and means of transporting existing [sources.] water.
3. Develop forecasts of supply and demand for future needs.
4. Advise the state department of conservation and natural resources and the legislature concerning economic and social effects of water policy.
5. Suggest changes in water policy which may be necessary to meet new requirements of law or of the people of the state.
6. Cooperate with the state engineer in dealings with the Federal Government and other states, but the state engineer is solely responsible for litigation.
7. Provide the board for financing water projects and the director of the department of commerce with necessary technical and clerical assistance in financing water projects.
Sec. 31. 1. There is hereby appropriated from the state general fund to the board for financing water projects the sum of $8,000 for the salaries and travel expenses of members of the board.
2. Any remaining balance of the appropriation made by subsection 1 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 2281 (CHAPTER 815, AB 251)κ
the state general fund as soon as all payments of money committed have been made.
________
Senate Bill No. 62Senator Joerg
CHAPTER 816
AN ACT relating to the state fire marshal; limiting his authority to enforce regulations, conduct investigations and establish standards of safety for existing structures in certain counties; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of combustibles, flammables and fireworks.
(c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.
(d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties [having a population of] whose population is less than [100,000,] 25,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
κ1987 Statutes of Nevada, Page 2282 (CHAPTER 816, SB 62)κ
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.
6. The state fire marshal shall:
(a) Investigate any fire which occurs in a county [having a population of] whose population is less than [100,000,] 25,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county [having a population of 100,000] whose population is 25,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state on or before January 1, 1984, and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for establishment of programs for public education and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
on request or as he deems necessary.
Sec. 2. NRS 477.100 is hereby amended to read as follows:
477.100 As used in [this chapter,] NRS 477.110 to 477.170, inclusive, unless the context otherwise requires, authority means:
1. The state fire marshal in [counties having a population of] a county whose population is less than [100,000;] 25,000;
2. Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in any other county [. If the chief building official and the chief officer of the fire service] , and if they are unable to agree on any question, authority includes the county manager or city manager, who shall cast the deciding vote on that question; or
κ1987 Statutes of Nevada, Page 2283 (CHAPTER 816, SB 62)κ
agree on any question, authority includes the county manager or city manager, who shall cast the deciding vote on that question; or
3. If the board of county commissioners of a county [having a population of 100,000] whose population is 25,000 or more or the governing body of a city in that county has specified a person or persons to act as the authority, that person or those persons.
Sec. 3. NRS 477.180 is hereby amended to read as follows:
477.180 1. The board of fire safety, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) Three chiefs of or fire marshals from local fire departments, at least one of whom must be from a fire department in a county [having a population of] whose population is less than [100,000;] 25,000;
(c) A building officer of a local government which is or is within each county [having a population of 100,000] whose population is 25,000 or more;
(d) A licensed general contractor;
(e) A professional engineer;
(f) Two representatives of gaming and lodging enterprises; and
(g) The state fire marshal,
to the board.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as secretary of the board.
4. The board shall meet on the call of the chairman, the state fire marshal or at the request of any three of the members.
5. The members of the board, except those who are, in another capacity, public officers or employees, are entitled to receive a salary of $80 for each days attendance at a meeting of the board or a committee of the board. The state fire marshal shall provide in the budget of his office for sufficient money to pay salaries and allowances for members and other expenses of the board.
Sec. 4. NRS 244.3673 is hereby amended to read as follows:
244.3673 The board of county commissioners of any county [which has a population of 100,000] whose population is 25,000 or more may provide by ordinance for the investigation of fires in which a death has occurred or which are of a suspicious origin, and for the enforcement of regulations adopted by the state fire marshal.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 2284κ
Senate Bill No. 561Committee on Taxation
CHAPTER 817
AN ACT relating to metropolitan police departments; requiring the levy of an additional ad valorem tax for the support of the metropolitan police department in certain counties; requiring submission to the voters of such counties of a proposal for the continuation or increase of such a levy; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this act, unless the context otherwise requires:
1. The words and terms defined in NRS 280.035 to 280.095, inclusive, and 354.478 to 354.580, inclusive, have the meanings ascribed to them in those sections.
2. Taxable area means the geographical area, composed of two or more taxing districts, which may be taxed for the purpose of defraying the cost of hiring additional police officers.
3. Taxing district means the portion of a taxable area that consists of:
(a) The geographical area comprising the unincorporated area of a county whose population is 250,000 or more which has created a department; or
(b) The area within the boundaries of each incorporated city in such a county which is participating in the department.
Sec. 2. The committee shall authorize the hiring of additional police officers and the incurrence of related costs from the revenue generated by the taxes imposed pursuant to this act. The revenues must not be used for any other purpose.
Sec. 3. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall levy on behalf of its taxing district, in the manner provided in NRS 354.460, an ad valorem tax on all taxable property within that taxing district. The rate of the taxes must be apportioned between the taxing districts, as provided in NRS 280.201, such that the combined rate of the taxes must, for the fiscal year 1988-1989 and thereafter, except as otherwise provided in section 4 of this act, be 2 cents for every $100 of the total assessed valuation of the taxable area.
Sec. 4. 1. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall propose to the registered voters of its taxing district at the general election held in 1988 the questions of whether to:
(a) Continue the taxes imposed pursuant to section 3 of this act; and
(b) Increase the combined rate of the taxes if the taxes are continued.
2. The increase proposed pursuant to subsection 1 must not be more than 2 cents for each $100 of the total assessed valuation of the taxable area in the fiscal year 1989-1990, 4 cents for each $100 in the fiscal year 1990-1991, and 6 cents for each $100 in each year after the fiscal year 1990-1991.
κ1987 Statutes of Nevada, Page 2285 (CHAPTER 817, SB 561)κ
the fiscal year 1989-1990, 4 cents for each $100 in the fiscal year 1990-1991, and 6 cents for each $100 in each year after the fiscal year 1990-1991.
3. If the voters of any taxing district in the taxable area disapprove the proposed continuation of the taxes, the taxes must not be imposed in the fiscal year 1989-1990 or thereafter. If the proposed continuation and increase are approved by the voters of each taxing district in the taxable area, the taxes must be collected at the combined rate approved by the people.
Sec. 5. All county officers charged with the duty of collecting ad valorem taxes shall collect the taxes imposed pursuant to this act in the same form and manner, and with the same interest and penalties, as other taxes are collected, and shall pay the taxes when collected to the department.
Sec. 6. The taxes imposed pursuant to this act must not be included in the limitations imposed by NRS 354.59805, 354.59811 and 354.59816, and must not affect the amounts that would otherwise be distributed to the taxing districts in the taxable area from the supplemental city-county relief tax or the privilege tax on vehicles.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 371Committee on Commerce and Labor
CHAPTER 818
AN ACT relating to insurance; revising the provisions governing credit life and health insurance; establishing rates for premiums; establishing standards for formulas for refunds; requiring insurers to compile certain statistics; authorizing the commissioner of insurance to inspect records of insurers; requiring an annual audit of insurers; authorizing the commissioner of insurance to adopt forms for use in the issuance of credit insurance; prescribing a penalty; and providing other matters properly relating thereto.
[Approved June 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 683A.110 is hereby amended to read as follows:
683A.110 1. For the purposes of this section : [, the following definitions shall apply:]
(a) Bank means any institution that accepts deposits that the depositor has a legal right to withdraw on demand.
(b) Bank holding company, company, parent, subsidiary, affiliate and related terms [shall] must be defined by the commissioner in order to effectuate the purposes of this section, which are to help maintain the separation between banking and the insurance business and to minimize the possibilities of unfair competitive activities by banks against insurance companies, agents and brokers.
κ1987 Statutes of Nevada, Page 2286 (CHAPTER 818, SB 371)κ
2. No bank or bank holding company or its parent, subsidiaries or affiliates may directly or indirectly be licensed to sell insurance in this state except as to credit [life and health] insurance , as defined in section 9 of this act, and credit property insurance, or be licensed or admitted as an insurer.
Sec. 2. NRS 683A.260 is hereby amended to read as follows:
683A.260 1. The commissioner may issue a limited agents license to an applicant qualified under this chapter:
(a) Who represents public carriers and in the course of his representation solicits or sells insurance incidentally to the transportation of persons or to the storage or transportation of property; or
(b) Whose insurance activities are limited to the solicitation and sale of:
(1) Credit [life, credit health,] insurance, as defined in section 9 of this act, and credit property and casualty insurance; or
(2) Fixed annuities.
2. The commissioner may adopt regulations which require the applicant to pass an appropriate examination before the issuance of a license [under] pursuant to this section.
3. A person to whom a license is issued pursuant to this section may not concurrently hold any other license authorized by this chapter.
Sec. 3. NRS 687B.122 is hereby amended to read as follows:
687B.122 1. The provisions of NRS 687B.122 to 687B.128, inclusive:
(a) Apply to all policies, certificates or contracts of life or health insurance, including credit [life or health insurance,] insurance as defined in section 9 of this act, delivered or issued for delivery in this state, including policies, certificates or contracts issued by fraternal benefit societies and hospital, medical or dental service corporations, health maintenance organizations and other similar organizations, and certificates issued pursuant to a policy of group insurance delivered or issued for delivery in this state, except:
(1) Any policy which is a security subject to federal jurisdiction;
(2) Any policy covering the lives of a group of 1,000 or more persons as of its date of issuance, other than a group policy for credit [life insurance or credit health] insurance and any certificate issued pursuant to any group policy;
(3) Any group annuity which serves to finance pension, profit-sharing or deferred compensation plans; or
(4) Any form used in connection with, as a conversion from, as an addition to or in exchange for a policy delivered or issued for delivery on a form approved or permitted to be issued before July 1, 1983.
(b) Are not intended to increase any risk assumed by an insurer.
(c) Do not supersede the provisions of this Title or other law applicable to the delivery or issuance of policies of insurance.
(d) Are not intended to restrict or discourage the development of new policies and provisions.
(e) Do not require standardization of [policy] forms for or [of] provisions of policies.
κ1987 Statutes of Nevada, Page 2287 (CHAPTER 818, SB 371)κ
2. Any policy written in a language other than English shall be deemed to comply with NRS 687B.124 if the insurer certifies that it is translated from a policy written in English which complies with that section.
3. The provisions of NRS 687B.122 to 687B.128, inclusive, apply to renewals on or after July 1, 1983, of policies delivered or issued for delivery before that date.
Sec. 4. Chapter 690A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 35, inclusive, of this act.
Sec. 5. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 6 to 21, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 6. Compensation means any valuable consideration, direct or indirect, paid by or on behalf of the insurer, or by any subsidiary or parent, or subsidiary of the parent of the insurer, or by any other person to or on behalf of any group policyholder or producer or withheld from an insurer by any group policyholder or producer, and includes:
1. Paid or credited commissions or contingent commissions.
2. Fees for services, consulting fees or any other fee paid or credited within or outside this state in direct relation to the volume of premiums produced or written in this state.
3. The use of electronic data processing equipment or services, except for devices provided in lieu of books and charts of rates and refunds usable only for that purpose.
4. The furnishing of supplies, except forms approved by the commissioner, the usual forms for claims and reports, envelopes for transmitting claims and brochures, and books and charts of rates and refunds.
5. Providing rental equipment of any type.
6. Advertising.
7. Providing telephone service without charge or at a charge less than the usual cost.
8. Participation in a profit-sharing plan.
9. Dividends and refunds or credits based on experience ratings.
10. An allowance for expenses.
11. Participation in stock plans or bonuses.
12. Any form of credit, including the use of money.
13. Commissions for reinsurance, ceded or assumed.
14. Reinsurance with a nonauthorized insurer owned or controlled by a creditor or producer or with a nonauthorized insurer in which a creditor or producer is a stockholder.
15. Any commission or fee, inducement or intention to induce, or any other consideration arising from the sale of insurance or other product or service, except credit insurance as part of the transaction in which the indebtedness is arranged or the application for the credit insurance is made.
Sec. 7. Contingent compensation means compensation based upon the investment income allocable to, or the loss experience of, the type of credit insurance for which the compensation is paid.
κ1987 Statutes of Nevada, Page 2288 (CHAPTER 818, SB 371)κ
Sec. 8. Credit disability insurance means insurance issued on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled, as defined in the terms of the policy or certificate.
Sec. 9. Credit insurance means credit life insurance, credit disability insurance, involuntary unemployment insurance and any other similar form of insurance.
Sec. 10. Credit life insurance means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.
Sec. 11. Creditor means the lender of money or vendor or lessor of goods, services, property, rights or privileges for which payment is arranged through a credit transaction, and includes:
1. The successor to the right, title or interest of;
2. An affiliate, associate or subsidiary of;
3. Any director, officer or employee of; or
4. Any other person in any way associated with,
any such lender, vendor or lessor.
Sec. 12. Debtor means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.
Sec. 13. Gross coverage means the amount of insurance on the indebtedness of the debtor.
Sec. 14. Indebtedness means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction and includes the finance charge assigned or to be assigned to the transaction.
Sec. 15. Involuntary unemployment insurance means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is involuntarily unemployed, as defined in the policy.
Sec. 16. Joint life insurance means credit life insurance issued to two debtors who are jointly and severably liable for the debt.
Sec. 17. Level term plan means credit life insurance that provides a level amount of benefit for the entire term of the insurance.
Sec. 18. Outstanding balance basis means the method of paying for credit insurance in which a separate, identifiable premium is paid each month based on the amount of the loan then outstanding.
Sec. 19. Primary compensation means any form of compensation that is not contingent compensation.
Sec. 20. Producer means any person licensed pursuant to chapter 683A of NRS who sells or offers for sale a policy of credit insurance directly to any debtor.
Sec. 21. Single premium basis means a method for paying for credit insurance in which the debtor pays or finances the entire required premium in advance, and includes a transaction where the creditor adds identifiable charges for insurance or premiums for credit insurance to the indebtedness and a direct or indirect finance, carrying, credit or service charge is made to the debtor on the premium or other charge for the insurance.
κ1987 Statutes of Nevada, Page 2289 (CHAPTER 818, SB 371)κ
Sec. 22. 1. Each insurer who writes credit insurance shall prepare statistics for each policy year for group policies and for each calendar year for individual policies for each creditor on whose debtors term credit insurance is provided. The statistics must reflect separately for each type of credit insurance issued, and for direct insurance and reinsurance assumed, the following:
(a) Gross premiums received.
(b) Refunds of premiums on terminated insurance.
(c) The increase in reserves for unearned premiums.
(d) Earned premiums.
(e) The amount of claims paid.
(f) The increase in the reserves for claims.
(g) The amount of claims incurred.
(h) The increase in reserves, except for reserves for unearned premiums and claims.
(i) The amount of commissions allowed.
(j) Fees and all other allowances.
(k) The amount of dividends and refunds paid based on experience ratings.
(l) The average number of individual policies in force during the calendar year.
2. In addition to the statistics required in subsection 1, each insurer writing credit disability insurance shall keep a record for each creditor showing the nature of the benefits payable, the period from the date the claim is filed until benefits are paid, and the rates at which premiums are charged.
Sec. 23. 1. The use or the continuation of compensating balances or accounts of special deposits in a financial institution in connection either directly or indirectly with a program for credit insurance is an inducement in violation of NRS 686A.110. This section applies whether the premium is due the insurer on the single premium basis or the outstanding balance basis.
2. This section does not prevent an insurer from making deposits in a financial institution which are not related to a program for credit insurance.
3. As used in this section, compensating balances or accounts for special deposits includes the following types of balances, accounts or practices:
(a) The deposit of premiums or money, by the financial institution for which the insurer provides the program of credit insurance, to the account of the insurer in that financial institution, if the account is either noninterest bearing or receiving a rate of interest less than usual or is controlled by the financial institution.
(b) Remitting premiums to the insurer on a regular basis after the expiration of the grace period specified in the policy so that the period of arrearages is constant.
(c) The retention of premiums by an agent to whom the financial institution remits premiums for a period normally expected to be needed for the agent or broker to remit the premium to the insurer, if the delay is a continuing feature of the process for paying premiums.
κ1987 Statutes of Nevada, Page 2290 (CHAPTER 818, SB 371)κ
the agent or broker to remit the premium to the insurer, if the delay is a continuing feature of the process for paying premiums.
(d) Any other practice which delays receipt of premiums by the insurer on a regular basis or which involves the use of the financial resources of the insurer for the benefit of the financial institution granting the credit.
Sec. 24. 1. Every insurer transacting a business of credit insurance in this state shall:
(a) Conduct an annual audit of all payments for claims made on its behalf by an administrator, claim representative or group policyholder.
(b) Conduct a review of each of its accounts for creditors with respect to the business of credit insurance of the creditor to ensure compliance with this code and the regulations adopted pursuant to it. The initial review must be conducted not later than 18 months after July 1, 1987, or the date of the initial credit transaction between the creditor and the insurer, whichever is later. After the initial review, the review must be conducted every 24 months.
2. The audit or review must include, where applicable, a determination that:
(a) The proper charges to debtors for premiums are made by the creditor and remitted in a timely manner to the insurer.
(b) The refunds are being calculated accurately and paid promptly by the creditor.
(c) All claims and inquiries concerning claims are filed promptly and handled properly.
(d) Amounts of insurance payable on death, in excess of the amounts necessary to extinguish the indebtedness, are properly calculated and reported to the secondary beneficiary of the policy.
(e) The creditor is promptly and fairly processing complaints concerning its business of credit insurance and is maintaining proper procedures for and records of the complaints processed.
3. The insurer must retain the written results of the audit or review at its home office for at least 7 years after the date of their completion by the insurer.
4. The cost of the audit or review must be paid by the insurer and is not chargeable against any creditor, producer or other entity.
5. In addition to any other authority granted to the commissioner pursuant to chapter 679B of NRS, if the commissioner determines that an audit or review required pursuant to this section is not being conducted or that there is reason to believe that the audit or review is not complete or is in some manner deficient, he may cause an audit or review to be conducted by the division or by an independent auditor. The cost of this audit or review must be paid by the insurer.
Sec. 25. An order issued by the commissioner for noncompliance with any of the provisions of this chapter or of the regulations adopted pursuant to it must specify the date by which the person to whom it is directed must comply with the order.
κ1987 Statutes of Nevada, Page 2291 (CHAPTER 818, SB 371)κ
Sec. 26. 1. Except as otherwise provided in subsection 2, any rate in the schedule of rates filed with the commissioner for approval is excessive if it exceeds the amount prescribed for that type of insurance in the schedules listed in sections 27, 28 and 29 of this act.
2. The commissioner may approve a rate higher than the rates listed in the schedules in sections 27, 28 and 29 of this act for credit insurance for a nonstandard class of risk upon the filing by the insurer of statistical information by the insurer that justifies the higher rate. If approval is given for the higher rate, the insurer must file annually with the commissioner the statistical experience for those rates to justify the continuation of the higher rate.
3. If any policy of insurance contains provisions which are more restrictive in any material respect than those provisions for which rates have been approved by the commissioner, the rates for that coverage must be lowered to reflect the variance to the extent that a significant difference in the cost of the claim may reasonably be anticipated.
Sec. 27. 1. The maximum allowable rates for credit life insurance are as follows:
SINGLE PREMIUM BASIS - GROSS COVERAGE
Decreasing Term Level Term Accidental Death
Benefit Insurance Insurance or Dismemberment
Single Life $0.65 $1.25 $0.05
Joint Life 1.00 1.92 .10
These rates are for $100 of initial insurance per annum. If an insurer wants to adopt a schedule of rates graduated according to the size of the group, the rates are acceptable if the rate approximates a standard of 65 cents per $100 of insurance per annum.
OUTSTANDING BALANCE BASIS
Level Term Accidental Death
Benefit Insurance or Dismemberment
Single $1.04 $0.08
Joint 1.60 .16
These rates are for $1,000 of outstanding monthly balance of insured indebtedness.
2. The rates in this section are acceptable only if the coverage contains no exception, limitation or exclusion except for suicide committed within 2 years after the effective date of the insurance.
κ1987 Statutes of Nevada, Page 2292 (CHAPTER 818, SB 371)κ
Sec. 28. 1. The maximum allowable rates for credit disability insurance are as follows:
SINGLE PREMIUM BASIS
Term of Loan Prospective Retroactive
in Months Benefits Benefits
14-Day 30-Day 7-Day 14-Day 30-Day
1 to 12 $1.40 $0.80 $3.00 $2.20 $1.70
13 to 24 2.20 1.60 4.00 3.00 2.50
25 to 36 3.00 2.40 5.00 3.80 3.30
37 to 48 3.50 2.90 6.00 4.30 3.80
49 to 60 3.90 3.30 7.00 4.70 4.20
61 to 72 4.30 3.70 8.00 5.10 4.60
73 to 84 4.70 4.10 9.00 5.50 5.00
85 to 96 5.10 4.50 10.00 5.90 5.40
97 to 108 5.50 4.90 11.00 6.30 5.80
109 to 120 5.90 5.30 12.00 6.70 6.20
121 to 132 6.30 5.70 13.00 7.10 6.60
133 to 144 6.70 6.10 14.00 7.50 7.00
145 to 156 7.10 6.50 15.00 7.90 7.40
157 to 168 7.50 6.90 16.00 8.30 7.90
169 to 180 7.90 7.10 17.00 8.80 8.30
These rates are for $100 of insurance per annum.
OUTSTANDING BALANCE BASIS
Term of Loan Retrospective Retroactive
in Months Benefits Benefits
14-Day 30-Day 7-Day 14-Day 30-Day
1 to 12 $2.15 $1.23 $4.62 $3.38 $2.62
13 to 24 1.76 1.28 3.20 2.40 2.00
25 to 36 1.62 1.30 2.70 2.05 1.78
37 to 48 1.43 1.18 2.45 1.76 1.55
49 to 60 1.28 1.08 2.30 1.54 1.38
61 to 72 1.18 1.01 2.19 1.40 1.26
73 to 84 1.11 0.96 2.12 1.29 1.18
85 to 96 1.05 0.93 2.06 1.22 1.11
97 to 108 1.01 0.90 2.02 1.16 1.06
109 to 120 0.98 0.88 1.98 1.11 1.02
These rates are for $1,000 of outstanding monthly balance of the insured indebtedness.
κ1987 Statutes of Nevada, Page 2293 (CHAPTER 818, SB 371)κ
2. The rates in this section are acceptable only if the coverage issued in conjunction with those rates contains no exception for a preexisting condition except for a condition that:
(a) Requires medical diagnosis or treatment within the 6 months immediately preceding the effective date of the policy; and
(b) Causes loss within 6 months after the effective date of the policy.
3. Any policy of insurance using the rates set forth in this section may exclude or restrict coverage for total disability resulting from intentionally self-inflicted injuries, foreign travel or residency, flight in nonscheduled aircraft, war or military service.
4. As used in this section:
(a) Prospective refers to a method of paying benefits for credit disability insurance in which the benefits are payable only after the person has been disabled a minimum number of days as designated in the contract of insurance.
(b) Retroactive refers to a method of paying benefits for credit disability insurance in which the benefits are paid from the date the disability occurs but only after the person has been disabled a minimum number of days as designated in the contract of insurance.
Sec. 29. 1. The maximum allowable rate for involuntary unemployment insurance is $2 for $100 of insurance per annum, paid on the single premium basis.
2. If a company adopts a schedule of rates graduated according to the size of the group, the rates are allowable if they approximate a standard of $2 indicated in subsection 1.
Sec. 30. 1. A policy of credit insurance may not contain any restriction based on age except to exclude from coverage a debtor who is 66 years of age or older at the time the indebtedness is incurred or who will attain the age of 70 on or before the date of maturity of the indebtedness.
2. Any restriction based on age may be used only to determine initial eligibility for coverage. Except as otherwise provided in subsection 4, such a restriction may not be used as a basis of terminating existing coverage or denying claims.
3. This section does not preclude an insurer from challenging a fraudulent misstatement of age during the contestable period, if the information regarding age is contained in a written instrument signed by the debtor and a copy of the instrument is given to the debtor.
4. If a debtor exceeds the age for eligibility and has correctly stated his age in writing and a certificate or policy is issued to him in error, the insurer may within 60 days after the date of the indebtedness terminate coverage and refund the full premium paid by the debtor unless the debtor is disabled or involuntarily unemployed as defined in the terms of the policy or has died before the date of termination.
Sec. 31. 1. The payment of compensation to a producer in excess of 40 percent of the net charge for premiums is prima facie a violation of the maximum allowable rates as prescribed in sections 27, 28 and 29 of this act.
κ1987 Statutes of Nevada, Page 2294 (CHAPTER 818, SB 371)κ
2. Any insurer who pays or proposes to pay, directly or indirectly, compensation to a producer that totals more than 40 percent of the net charge for premiums for any policy or certificate shall submit credible statistics annually to the division to confirm that the rates for the premiums used by the insurer produce a ratio of incurred losses to premium earned of not less than 50 percent. If the insurer cannot prove that ratio to the satisfaction of the commissioner with annual statistical information, the commissioner shall withdraw approval of the insurers schedule of rates, forms or both the schedule and the forms.
3. The commissioner may examine any agreement relating to the direct or indirect payment of primary or contingent compensation to a producer to determine whether any person is paying or receiving any form of compensation in violation of this section.
4. As used in this section, net charge for premiums means the amount of gross premiums received for credit insurance written, less any refund.
Sec. 32. 1. If an insurer specifies the formula for a refund in the individual policy or certificate of group insurance filed for approval by the commissioner and the filing has been acknowledged and not disapproved by the commissioner, the formula is acceptable. A formula for a refund which is the sum of the amounts for each remaining period for payment of the obligation, calculated by multiplying the amount paid as the premium by a fraction having a denominator equal to the sum of the total number of periods for payment of the obligation and a numerator equal to the sum of the remaining number of periods may be referred to as the sum-of-the-digits formula.
2. The following are acceptable methods for determining the amount of a refund for the type of insurance specified:
(a) For a premium for credit insurance, if the premium is paid on the single premium basis, the refund must be calculated by the sum-of-the-digits formula.
(b) For a premium for credit insurance, if the premium is payable other than on the single premium basis, the refund must equal the prorated unearned gross premium.
3. Refunds may be calculated by the insurer on a daily or on a monthly basis. The insurer shall indicate the basis used when he files the formula for calculating refunds for the approval of the commissioner. Refunds may be calculated on an approximate daily basis by interpolating proportionately between the values at the beginning and at the end of the month. For this purpose, every month shall be deemed to have 30 days. If refunds are calculated on a monthly basis, a charge may not be made for a period less than 16 days after the date the last monthly installment was due, but may be made for the full month if the period is 16 days or more.
4. An insurer is not required to make a refund or credit of the premium pursuant to this section if the total refund for all credit insurance issued to the debtor by a single insurer in connection with a loan is less than $3.
Sec. 33. 1. Except as otherwise provided in subsection 2, an authorized insurer issuing credit insurance may not enter into any agreement whereby the authorized insurer transfers, by reinsurance or otherwise, to an unauthorized insurer, as they relate to credit insurance written or issued in this state:
κ1987 Statutes of Nevada, Page 2295 (CHAPTER 818, SB 371)κ
the authorized insurer transfers, by reinsurance or otherwise, to an unauthorized insurer, as they relate to credit insurance written or issued in this state:
(a) A substantial portion of the risk of loss under the credit insurance written by the authorized insurer in this state;
(b) All of one or more kinds, lines, types or classes of credit insurance;
(c) All of the credit insurance produced through one or more agents, agencies or creditors;
(d) All of the credit insurance written or issued in a designated geographical area; or
(e) All of the credit insurance under a policy of group insurance.
2. An authorized insurer may make the transfers listed in subsection 1 to an unauthorized insurer if the unauthorized insurer:
(a) Maintains security on deposit with the commissioner in an amount which when added to the actual capital and surplus of the insurer is equal to the capital and surplus required of an authorized stock insurer pursuant to NRS 680A.120. The security may consist only of the following:
(1) Cash.
(2) General obligations of, or obligations guaranteed by, the Federal Government, this state or any of its political subdivisions. These obligations must be valued at the lower of market value or par value.
(3) Any other type of security that would be acceptable if posted by a domestic or foreign insurer.
(b) Files an annual statement with the commissioner pursuant to NRS 680A.270.
(c) Maintains reserves on its credit insurance business pursuant to NRS 681B.050.
(d) Values its assets and liabilities pursuant to NRS 681B.010 to 681B.040, inclusive.
(e) Agrees to examinations conducted by the commissioner pursuant to NRS 679B.230.
(f) Complies with the standards adopted by the commissioner pursuant to NRS 679A.150.
(g) Does not hold, issue or have an arrangement for holding or issuing any of its stock for which dividends are paid based on:
(1) The experience of a specific risk of all of one or more kinds, lines, types or classes of insurance;
(2) All of the business produced through one or more agents, agencies or creditors;
(3) All of the business written in a designated geographical area; or
(4) All of the business written for one or more forms of insurance.
Sec. 34. Any foreign insurer engaged in the business of reinsuring credit insurance, except as described in paragraph (g) of subsection 2 of section 33 of this act, before July 1, 1987, may continue that business:
1. Until 3 months after the effective date of a change in the ownership of its stock of 10 percent or more of the total stock issued; or
κ1987 Statutes of Nevada, Page 2296 (CHAPTER 818, SB 371)κ
2. January 1, 1994,
whichever occurs first. On or after January 1, 1994, every such insurer shall meet the requirements of this chapter.
Sec. 35. In addition to any other penalty provided by law, any person who violates any provision of this chapter or a regulation adopted or a final order of the commissioner issued pursuant to this chapter shall, after notice and hearing, pay a civil penalty:
1. In an amount not to exceed $2,500; or
2. If the violation is willful, in an amount not to exceed $10,000,
and the commissioner may, after notice and a hearing, revoke or suspend the license or certificate of authority of that person.
Sec. 36. NRS 690A.010 is hereby amended to read as follows:
690A.010 [All life insurance and all health] Any insurance issued in connection with loans or other credit transactions [shall be] is subject to the provisions of this chapter [; but insurance] unless the insurance is issued in connection with a loan or other credit transaction of [10] more than 15 years duration or [more shall not be subject to this chapter after January 1, 1972, nor shall insurance be subject to this chapter where the issuance thereof] the issuance of the insurance is an isolated transaction on the part of the insurer and not related to an agreement or a plan [or regular course of conduct] for insuring debtors of the creditor.
Sec. 37. NRS 690A.030 is hereby amended to read as follows:
690A.030 1. Credit [life insurance and credit health insurance shall] insurance may be issued only in the following forms:
[1.] (a) Individual policies of [life] insurance issued to debtors . [on the term plan.
2. Individual policies of health insurance issued to debtors on a term plan, or disability benefit provisions in individual policies of credit life insurance.
3. Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan.
4. Group policies of health insurance issued to creditors on a term plan insuring debtors, or disability benefit provisions in group credit life insurance policies to provide such coverage.]
(b) Group policies of insurance issued to creditors who provide certificates of insurance to individual debtors.
2. Either of the forms described in subsection 1 may include coverage for any combination of the following types of credit insurance:
(a) Credit life insurance, which may include a benefit for accidental dismemberment.
(b) Credit disability insurance.
(c) Involuntary unemployment insurance.
Sec. 38. NRS 690A.040 is hereby amended to read as follows:
690A.040 1. [The] Except as otherwise provided in subsections 3 and 4, the initial amount of credit life insurance [shall] must not exceed the total amount repayable under the contract of indebtedness [and, where] plus a reasonable allowance for delinquencies.
κ1987 Statutes of Nevada, Page 2297 (CHAPTER 818, SB 371)κ
reasonable allowance for delinquencies. If an indebtedness is repayable in substantially equal installments, the amount of insurance [shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.
2. Notwithstanding the provisions of subsection 1, insurance on agricultural credit transactions and other credit transactions not providing for amortization of the indebtedness and not exceeding 2 years in duration may be written up to the amount of the loan commitment on a nondecreasing or level term plan.
3. Notwithstanding the provisions of subsection 1, or any other section, insurance on educational credit transaction commitments] must follow a schedule based upon:
(a) The amount required to liquidate the scheduled indebtedness, less any unearned interest or finance charge, or upon amortization of the indebtedness at an assumed rate of interest or finance charge; and
(b) A level amount of insurance to allow for delinquencies, not to exceed one-sixth of the sum of all installments due within a 12-month period, except as may be provided by regulation adopted by the commissioner. If the schedule for repayment of the indebtedness provides for payments which are substantially equal each month or each year, the amount of scheduled insurance must be adjusted monthly.
2. Except as otherwise provided in subsections 3 and 4, and as an alternative to the provisions of subsection 1, insurance may be written in an amount which does not initially exceed the amount financed and which at no subsequent time exceeds the actual indebtedness after deducting unearned interest or finance charges, if any.
3. Life insurance for credit transactions not providing for amortization of the indebtedness may be issued up to the amount of the indebtedness or a level term plan of insurance may be issued for a term not to exceed the actual term of the indebtedness.
4. Insurance on commitments for an educational credit transaction may be [written] issued for the amount of the [portion of such commitment that] commitment that has not been advanced by the creditor.
Sec. 39. NRS 690A.050 is hereby amended to read as follows:
690A.050 [The] 1. Except as otherwise provided in subsection 2, the total amount of periodic indemnity payable [by credit health] pursuant to a policy of credit disability insurance in the event of disability, as defined in the policy, [shall] or pursuant to a policy of involuntary unemployment insurance in the event of involuntary unemployment as defined in the policy, must not exceed the aggregate of the periodic scheduled unpaid installments of the indebtedness , [;] and the amount of each periodic indemnity payment [shall] must not exceed the original indebtedness divided by the number of periodic installments.
2. Credit disability insurance or involuntary unemployment insurance may be written in connection with a commitment for an educational credit transaction if the monthly indemnity does not exceed the amount that results when the total commitment is divided by the number of months in the term of the transaction.
κ1987 Statutes of Nevada, Page 2298 (CHAPTER 818, SB 371)κ
when the total commitment is divided by the number of months in the term of the transaction.
Sec. 40. NRS 690A.060 is hereby amended to read as follows:
690A.060 1. Except as otherwise provided in subsections 2 and 3, the term of any credit [life insurance or credit health] insurance must, subject to acceptance by the insurer, [commence] begin on the date [when] the debtor becomes obligated to the creditor, or the date [when] the debtor applies for the insurance, whichever is later.
2. If a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to the indebtedness [must commence] begins on the effective date of the policy or the effective date of the coverage, whichever is later.
3. If evidence of insurability is required and the evidence is furnished more than 30 days after the date [when] the debtor becomes obligated to the creditor, the term of the insurance may [commence] begin on the date [on which] the insurer determines the evidence to be satisfactory, [and in such event] in which case there must be an appropriate refund or adjustment of any charge to the debtor for insurance.
4. The insurance must remain in effect until the day [on which] the final payment is scheduled to be made. If the indebtedness is discharged by renewal or refinancing before the date [on which] it would have been repaid if payments had been made as scheduled, the insurance in force must be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. [In all cases of termination before scheduled maturity, a refund must be paid or credited as provided in NRS 690A.090.
5. An insurer is not liable for payments not made by the insured or for charges not paid before the date of a loss which gives use to a claim.]
5. To the extent a dispute arises between insurers as to the liability of the insurers for a specific claim, the original insurer is obligated to honor the claim pending a resolution of the dispute.
Sec. 41. NRS 690A.070 is hereby amended to read as follows:
690A.070 1. All credit [life insurance and credit health insurance shall] insurance must be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance . [, which individual policy or group certificate shall be delivered to the debtor.
2. Each individual policy or group certificate of such insurance shall,]
2. Each policy or certificate must, in addition to other requirements of law:
(a) Set forth the full name of the insurer and the address of its home office [address of the insurer, the name or names] , the name of the debtor or , in the case of a certificate under a group policy, the identity of the debtor by name or otherwise ; [of the debtor;]
(b) Set forth separately for each type of credit insurance the rate for the premium [rate] or the amount of payment, if any, by the debtor , [separately for credit life insurance and credit health insurance,] and a description of the coverage, including the amount and term [thereof,] of the coverage, and any exceptions, limitations and restrictions; and
κ1987 Statutes of Nevada, Page 2299 (CHAPTER 818, SB 371)κ
coverage, including the amount and term [thereof,] of the coverage, and any exceptions, limitations and restrictions; and
(c) State that the benefits [shall be paid] are payable to the creditor to reduce or extinguish the unpaid indebtedness and, [wherever] if the amount of insurance [may exceed] exceeds the unpaid indebtedness, that [any such excess shall be] the excess is payable to a beneficiary, other than the creditor, named by the debtor or to his estate . [; and
(d) Provide for refund of premiums, as required by NRS 690A.090.
3. The]
3. Except as otherwise provided in this section, the individual policy or group certificate of insurance [shall] must be delivered to the insured debtor at the time the indebtedness is incurred . [except as provided in this section.]
4. If a debtor makes a separate payment for credit life or credit health insurance and an individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for [such policy] the insurance or a notice of proposed insurance [shall] must be delivered at such time to the debtor. The copy of the application for or notice of proposed insurance [shall:] must:
(a) Be signed by the debtor;
(b) Set forth the identity by name or otherwise of the person [or persons] insured;
(c) Set forth separately for each type of coverage the [rate or] amount of payment by the debtor, if any ; [, separately for credit life insurance and credit health insurance;]
(d) Contain a statement that within 30 days [, if the insurance is accepted by the insurer, there will be delivered to the debtor] after acceptance of the contract by the insurer, an individual policy or group certificate of insurance [containing the name and home office address of the insurer, a description of the amount, term and coverage including any exceptions, limitations and restrictions;] will be delivered to the debtor; and
(e) Refer exclusively to insurance coverage, and [shall] must be separate [and apart] from the loan, sale or other credit statement of account, instrument or agreement, unless the information required by this subsection is prominently set forth [therein.] in the application or notice.
Upon acceptance of the insurance by the insurer and within 30 days [of the date upon which the] after the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. [Such] The application or notice of proposed insurance [shall] must state that upon acceptance by the insurer, the insurance [shall become] becomes effective as provided in NRS 690A.060.
5. If the [named] insurer named in the application or notice of proposed insurance does not accept the risk, [then] but another insurer accepts the risk, the debtor [shall] must receive a policy or certificate of insurance from that insurer setting forth the full name [and home office] of the substituted insurer , the address of its home office and the amount of the premium to be charged . [, and if] If the amount of premium is less than that set forth in the notice of proposed insurance, an appropriate refund [shall] must be made.
κ1987 Statutes of Nevada, Page 2300 (CHAPTER 818, SB 371)κ
Sec. 42. NRS 690A.080 is hereby amended to read as follows:
690A.080 1. [All such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this state and the schedule of premium rates pertaining thereto shall be filed with the commissioner.
2.] Each insurer shall file with the commissioner for his approval a copy of:
(a) Any policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement and rider relating to credit insurance.
(b) The schedules of rates for premiums and the formulas for refunds relating to credit insurance.
2. No book, chart, card or table of rates or table of refunds may be used or distributed by any insurer or its agents in this state unless they contain in a prominent place the full name of the insurer and the address of its home office.
3. The commissioner shall, within 30 days after [the filing of any such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders, disapprove any such form] its filing, approve the policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement or rider if the [table of premium rates charged or to be charged appears by reasonable assumptions to be excessive in relation to benefits,] benefits provided are reasonable in relation to the premium, or if it [contains provisions which are] does not contain any provision which is unjust, unfair, inequitable, misleading, deceptive or [encourage] encourages misrepresentation of the coverage, or [are] is contrary to any provision of this code or of any [rule or regulation promulgated thereunder. In determining whether to disapprove any such forms the commissioner shall give due consideration to past and prospective loss experience within and outside this state, to underwriting practice and judgment to the extent appropriate, and to all other relevant factors within and outside this state.
3. If the commissioner notifies the insurer that the form is disapproved, it is unlawful thereafter for such insurer to issue or use such form. In such notice, the commissioner shall specify the reason for his disapproval and state that a hearing will be granted within 20 days after a request in writing by the insurer. No such policy, certificate of insurance, notice of proposed insurance, or any application, endorsement or rider shall be issued or used until the expiration of 30 days after it has been so filed, unless the commissioner gives his prior written approval thereto.
4.] regulation adopted pursuant to it.
4. The commissioner may adopt by regulation forms for use in the issuance of credit insurance, including applications, policies, forms for claims and any other forms required for the sale, issuance and administration of credit insurance. An insurer may elect to use those forms in lieu of any other forms. If an officer of the insurer submits, in the manner prescribed by the commissioner, a written certification to the commissioner that the forms used by the insurer are identical to those adopted by the commissioner, the insurer is not required to file those forms with the commissioner for approval.
κ1987 Statutes of Nevada, Page 2301 (CHAPTER 818, SB 371)κ
prescribed by the commissioner, a written certification to the commissioner that the forms used by the insurer are identical to those adopted by the commissioner, the insurer is not required to file those forms with the commissioner for approval.
5. All forms adopted by the commissioner pursuant to subsection 4 shall be deemed to contain the minimum standards for other forms of the same type. Before January 1, 1989, each insurer issuing credit insurance in this state shall:
(a) Adopt for its use the form adopted by the commissioner; or
(b) Refile its own forms with the commissioner to determine if they meet the minimum standards adopted by the commissioner.
6. The commissioner may, at any time after a hearing held not less than 20 days after written notice to the insurer, withdraw his approval of any such [form] item on any ground set forth in subsection [2.] 3. The written notice of [such hearing shall] the hearing must state the reason for the proposed withdrawal.
[5.] 7. The insurer shall not issue [such forms or use them] the item or use it after the effective date of [such] the withdrawal.
[6.] 8. If a group policy has been delivered in this state before January 1, 1972, or has been or is delivered in another state before , [or] on or after January 1, 1972, the insurer shall [be required to] file only the group certificate and notice of proposed insurance delivered or issued for delivery in this state as specified in subsections 2 and 4 of NRS 690A.070, and [such forms shall] the forms must be approved by the commissioner if they conform with the requirements specified in [such] those subsections and if the schedules of [premium] rates for premiums applicable to the insurance evidenced by [such] the certificate or notice are not in excess of the insurers schedules of [premium] rates for premiums filed with the commissioner. [The premium rate in effect on existing group policies may be continued until the first policy anniversary date following January 1, 1972.]
Sec. 43. NRS 690A.090 is hereby amended to read as follows:
690A.090 1. Any insurer may revise its schedules of [premium rates from time to time,] rates for premiums, and shall file [such] the revised schedules with the commissioner. [No] An insurer shall not issue any policy of credit [life insurance or credit health insurance policy] insurance for which the rate for the premium [rate] exceeds that determined by the schedules of [such insurer as then] that insurer on file with the commissioner.
2. Each individual policy or group certificate [shall] must provide that in the event of termination of the insurance [prior to] before the scheduled date of maturity [date] of the indebtedness, any refund of an amount paid by the debtor for insurance [shall] must be paid or credited promptly to the person entitled [thereto. The commissioner shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing such refund shall be filed with and approved by the commissioner.] to the refund.
κ1987 Statutes of Nevada, Page 2302 (CHAPTER 818, SB 371)κ
3. If a creditor requires a debtor to make any payment for credit [life insurance or credit health] insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to [such] the debtor and shall promptly [make an appropriate credit to the account.] credit the account of the debtor for the amount so paid.
4. The amount charged to a debtor by a creditor for any type of coverage under a policy of credit [life insurance or credit health insurance shall] insurance must not exceed the premiums charged by the insurer, as computed at the time the charge to the debtor is determined.
[5. Nothing in this chapter shall be construed to authorize any payments for insurance not prohibited under any statute, or rule thereunder, governing credit transactions.]
Sec. 44. NRS 690A.100 is hereby amended to read as follows:
690A.100 The [insurance] premium or other identifiable charge for credit [life insurance or credit health] insurance may be collected from the insured or included in the principal of any loan or other transaction at the time [such] the transaction is completed.
Sec. 45. NRS 690A.110 is hereby amended to read as follows:
690A.110 The premium or cost of credit [life insurance or credit health] insurance when issued through any creditor [shall not be] is not subject to NRS 688B.180 [(application of dividends; rate reductions)] and 689B.060 [(readjustment of premiums; dividends) of this act] and shall not be deemed interest or charges, or consideration, or an amount in excess of permitted charges in connection with the loan or other credit transaction, and any gain or advantage to the creditor arising out of the premium or commission or dividend from the issuance of such insurance shall not be deemed a violation of any other law, general or special, civil or criminal, of [the State of Nevada.] this state.
Sec. 46. NRS 690A.120 is hereby amended to read as follows:
690A.120 All policies and certificates of credit [life insurance and credit health insurance shall] insurance may be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business [therein, and shall] in this state, and may be issued only through holders of licenses or [authorizations] certificates of authority issued by the commissioner.
Sec. 47. NRS 690A.130 is hereby amended to read as follows:
690A.130 1. All claims [shall] must be promptly reported to the insurer or its designated [claim] representative, and the insurer shall maintain adequate [claim files.] files on all reported claims. All claims [shall] must be settled as soon as possible and in accordance with the terms of the insurance contract.
2. All claims [shall] must be paid either by draft drawn upon the insurer or by check of the insurer to the order of [the] :
(a) The claimant to whom payment of the claim is due pursuant to the provisions of the policy [provisions, or upon direction of such claimant to one specified.] ; or
(b) Any other person designated by the claimant to whom payment is due.
κ1987 Statutes of Nevada, Page 2303 (CHAPTER 818, SB 371)κ
3. No plan or arrangement [shall] may be used whereby any person other than the insurer or its designated [claim] representative is authorized to settle or adjust claims. The creditor [shall] may not be designated as [claim] the representative for the insurer in adjusting claims , [;] but a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due [to] the group policyholder subject to the periodic audit [and review by] of the insurer.
Sec. 48. NRS 690A.140 is hereby amended to read as follows:
690A.140 When any form of credit [life insurance or credit health] insurance is required as additional security for any indebtedness, the debtor [shall, upon request to the creditor, have the option of furnishing] may furnish the required amount of insurance through existing policies of insurance owned or controlled by him or [of procuring and furnishing] procure or furnish the required coverage through any insurer authorized to transact [an insurance business within] the business of insurance in this state.
Sec. 49. NRS 675.300 is hereby amended to read as follows:
675.300 1. A licensee may request that a borrower insure tangible property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of the property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may require that a borrower provide title insurance on real property offered as security for a loan under this chapter. The title insurance must be placed through a title insurance company authorized to do business in this state.
3. A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one or more parties obligated on the loan if the insurance complies with the applicable provisions of chapter 690A of NRS.
4. In accepting any insurance provided by this section as security for a loan, the licensee may include the premiums or identifiable charge as part of the principal or may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge must not exceed those filed with and approved by the commissioner of insurance, and remit those premiums to the insurance company writing the insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from the insurance or its sale may not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage may be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance must be refunded or credited [in accordance with the method established in this chapter for refunding or computing credit charges.
κ1987 Statutes of Nevada, Page 2304 (CHAPTER 818, SB 371)κ
refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost of the insurance to the borrower, within 30 days from the date of the loan.] as prescribed in chapter 690A of NRS. The insurance must be written by a company authorized to conduct business in this state, and the licensee shall not require the purchase of the insurance from any agent or broker designated by the licensee.
[5. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 must provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which the insurance is security, without prejudice to any claim. The refund must be under a formula filed by the insurer with the insurance division of the department of commerce.]
Sec. 50. NRS 690A.020 is hereby repealed.
________
Senate Bill No. 595Committee on Taxation
CHAPTER 819
AN ACT relating to counties; providing for the creation and organization of Bullfrog County; authorizing a higher levy of ad valorem taxes in certain counties; making various other changes relating to counties; and providing other matters properly relating thereto.
[Approved June 29, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 243 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. There shall be a county, to be known as Bullfrog County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of unsurveyed section 6, unsurveyed T. 12 S., unsurveyed R. 49 E., M.D.B. & M.; thence easterly along a line common to the protracted corner of unsurveyed section 1, unsurveyed T. 12 S., unsurveyed R. 50 E., M.D.B. & M.; thence southerly along a line common to the protracted range line between R. 50 E. and R. 51 E., to the southeast corner of unsurveyed section 36, unsurveyed T. 12 S., unsurveyed R. 50 E., M.D.B. & M.; thence westerly along the south line of unsurveyed section 36 to a point along the south line of unsurveyed section 36, unsurveyed T. 12 S., unsurveyed R. 50 E., M.D.B. & M.; thence southerly along the east line of unsurveyed sections 9, 16, 21, 28 and 33 to the southeast corner of unsurveyed section 33, unsurveyed T. 13 S., unsurveyed R. 50 E., M.D.B. & M.; thence continuing southerly along the east line of unsurveyed section 4 to the southeast corner of unsurveyed section 4, unsurveyed T.
κ1987 Statutes of Nevada, Page 2305 (CHAPTER 819, SB 595)κ
section 4, unsurveyed T. 14 S., unsurveyed R. 50 E., M.D.B. & M.; thence westerly along the south line of unsurveyed sections 4, 5 and 6 to the southwest corner of unsurveyed section 6, unsurveyed T. 14 S., unsurveyed R. 50 E., M.D.B. & M.; thence continuing westerly along the south line of unsurveyed sections 1, 2, 3, 4, 5 and 6 to the southwest corner of unsurveyed section 6, T. 14 S., R. 49 E., M.D.B. & M.; thence continuing westerly along the south line of sections 1, 2 and 3 to the southwest corner of unsurveyed section 3, unsurveyed T. 14 S., R. 48 E., M.D.B. & M.; thence northerly along the west line of unsurveyed sections 3, 34, 27, 22, 15 and 10 to the northwest corner of unsurveyed section 10, unsurveyed T. 13 S., unsurveyed R. 48 E., M.D.B. & M.; thence easterly along the north line of unsurveyed section 10, unsurveyed T. 13 S., unsurveyed R. 48 E., to the southwest corner of unsurveyed section 31, unsurveyed T. 12 S., unsurveyed R. 49 E., M.D.B & M.; thence northerly along a line common to the protracted range line between R. 48 E. and R. 49 E., to the northwest corner of unsurveyed section 6, unsurveyed T. 12 S., unsurveyed R. 48 E., M.D.B. & M.; and the point of beginning.
Sec. 3. Carson City is the county seat of Bullfrog County.
Sec. 4. The territory described in section 1 of this act is detached and set aside from Nye County and Bullfrog County erected therefrom.
Sec. 5. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. 1. In any county in which, upon creation or as of 6 months before any general election, less than 10 qualified electors reside, the governor shall appoint the members of the board of county commissioners and the county clerk, county assessor, county recorder, county auditor, sheriff, district attorney and public administrator who, but for the provisions of this section, would have been elected at that general election.
2. Each member of a board of county commissioners appointed pursuant to this section:
(a) Must be a qualified elector of the state;
(b) Must have such other qualifications as are provided in this chapter; and
(c) Must not hold any other elective office.
3. Each other officer appointed pursuant to this section must meet all qualifications for the office to which he is appointed.
4. All appointments made pursuant to this section must be for the same terms as if the officers were elected.
Sec. 7. In any county for which a member of the board of county commissioners or any other officer is appointed pursuant to section 6 of this act, the governor shall continue to appoint its officers until the county has maintained a total of 10 or more qualified electors as residents continuously for 2 years.
Sec. 8. In any county in which the offices of county clerk, county recorder, county auditor, sheriff, district attorney and public administrator are all filled or to be filled by appointment pursuant to section 6 of this act, the governor may consolidate the offices into one or more county offices if it finds that such consolidation would be in the best interests of the county.
κ1987 Statutes of Nevada, Page 2306 (CHAPTER 819, SB 595)κ
the governor may consolidate the offices into one or more county offices if it finds that such consolidation would be in the best interests of the county.
Sec. 9. NRS 244.020 is hereby amended to read as follows:
244.020 1. [County commissioners shall] Except as otherwise provided in section 6 of this act, county commissioners must be qualified electors of their respective counties and have such other qualifications as are provided in this chapter.
2. No county or township officer [shall be] is eligible to the office of county commissioner.
Sec. 10. NRS 244.025 is hereby amended to read as follows:
244.025 1. [County commissioners shall] Except as otherwise provided in section 6 of this act, county commissioners must be elected by the qualified electors of their respective counties.
2. At the general election held in 1968 and at the general election every 4 years thereafter, two persons [shall] must be elected to serve on the board of county commissioners for terms of 4 years.
3. At the general election held in 1970 and at the general election held every 4 years thereafter, one person [shall] must be elected to serve on the board of county commissioners for a term of 4 years.
4. This section does not apply to counties having a population of 100,000 or more.
Sec. 11. NRS 244.040 is hereby amended to read as follows:
244.040 1. Any vacancy occurring in any board of county commissioners must be filled by appointment of the governor. Except in Carson City, the governor shall appoint a suitable person who is a member of the same political party as the most recent holder of the vacant office.
2. The term of office of a person appointed to the office of county commissioner pursuant to this section does not, by virtue of the appointment, extend beyond 12 p.m. of the day preceding the 1st Monday of January next following the next general election.
Sec. 12. NRS 244.1505 is hereby amended to read as follows:
244.1505 1. A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county [.] or the state. The board may grant all or part of the money to [a] :
(a) The state; or
(b) A private organization, not for profit, to be expended for the selected purpose.
2. A grant to a private organization must be made by resolution which must specify:
(a) The purpose of the grant;
(b) The maximum amount to be expended from the grant; and
(c) Any conditions or other limitations upon its expenditure.
Sec. 13. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
κ1987 Statutes of Nevada, Page 2307 (CHAPTER 819, SB 595)κ
occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. The board of county commissioners may regulate all industries, occupations, professions and business in its county which involve high-level nuclear waste, including without limitation, the act of transporting the waste into or through the county by motor vehicle, railroad car or any other means, and may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state or an agency of the Federal Government has issued or will issue a license required for this activity.
[4.] 5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
[5.] 6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
κ1987 Statutes of Nevada, Page 2308 (CHAPTER 819, SB 595)κ
obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 14. NRS 245.040 is hereby amended to read as follows:
245.040 1. Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which shall be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of public business, but nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.
2. Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer shall be kept open for the transaction of public business. [Any] Except in a county whose officers are appointed pursuant to section 6 of this act, any order so made and entered [shall] must require each office to be kept open for not less than 40 hours during each week, and [shall] must not prevent the county clerk from closing his office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.
3. Any officer violating the provisions of this section [shall be deemed] is guilty of a misdemeanor, and if any officer mentioned in subsection 1 [shall absent] absents himself from his office except:
(a) When called away from his office by official duties;
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy [duly] qualified to act in his absence,
there [shall] must be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which such absence occurs.
κ1987 Statutes of Nevada, Page 2309 (CHAPTER 819, SB 595)κ
month in which such absence occurs. [Such sum shall] The money must be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners; but no order in the premises [shall] may be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.
Sec. 15. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state , or the persons appointed to those offices, are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1987 Statutes of Nevada, Page 2310 (CHAPTER 819, SB 595)κ
|
ANNUAL SALARIES |
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|
Class |
County |
County Commis- sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
|
|
1 |
Clark................. |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
|
2 |
Washoe........... |
20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
|
|
3 |
Carson City..... |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
|
|
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Churchill.......... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
|
|
|
Douglas........... |
11,900 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
|
|
|
Elko.................. |
11,900 |
45,200 |
39,900 |
32,100 |
32,100 |
32,100 |
32,100 |
|
|
|
Humboldt........ |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
|
|
|
Lyon................. |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
|
|
|
Nye................... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
|
|
|
White Pine...... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
|
|
4 |
Lander.............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
|
|
|
Lincoln............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
|
|
|
Mineral............ |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
------- |
|
|
|
Pershing.......... |
10,000 |
39,900 |
29,800 |
25,000 |
25,000 |
25,000 |
------- |
|
|
5 |
Esmeralda........ |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
|
|
|
Eureka.............. |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
|
|
|
Storey.............. |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
|
|
|
Bullfrog |
1 |
1 |
1 |
1 |
1 |
1 |
------- |
|
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κ1987 Statutes of Nevada, Page 2311 (CHAPTER 819, SB 595)κ
Sec. 16. NRS 245.050 is hereby amended to read as follows:
245.050 [All] Except in counties whose officers are appointed pursuant to section 6 of this act, all county officers and regular and temporary employees of the counties [shall] are entitled to be paid their salaries as fixed by law, ordinance or resolution either at regular 2-week intervals or in two equal semimonthly payments. If salaries are paid semimonthly, the first semimonthly payment for each month [shall] must be for the first half of that particular month, and the second semimonthly payment [shall] must be for the last half of the month.
Sec. 17. NRS 361.453 is hereby amended to read as follows:
361.453 [The] 1. Except as otherwise provided in subsection 2, total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.
2. The total ad valorem tax levy in a county in which one or more of the county commissioners is appointed pursuant to section 6 of this act must not exceed $5 on each $100 of assessed valuation.
Sec. 18. The sections, townships and ranges used in the description of Bullfrog County are as represented on the map entitled Beatty Quadrangle, Nevada-California, 1:100 000 Scale Series (Planimetric), 1978 Surface Management Status, edited and published by the United States Bureau of Land Management.
Sec. 19. As soon as practicable after the effective date of this act the governor shall appoint:
1. To the board of county commissioners of Bullfrog County:
(a) Two persons qualified pursuant to section 6 of this act to serve until 12 p.m. on December 31, 1990; and
(b) One person qualified pursuant to section 6 of this act to serve until 12 p.m. on December 31, 1988.
2. One or more officers for Bullfrog County pursuant to the provisions of sections 6 and 8 of this act.
Sec. 20. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 2312κ
Senate Bill No. 187Committee on Finance
CHAPTER 820
AN ACT making an appropriation for the support of programs to make adults literate; and providing other matters properly relating thereto.
[Approved June 29, 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 department of education for distribution to the county school districts, the University of Nevada System and appropriate nonprofit or voluntary organizations to provide additional support for programs to increase the literacy of adults:
For the fiscal year 1987-88................................................ $110,000
For the fiscal year 1988-89................................................ 110,000
2. Any balance of the sums appropriated by subsection 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
Senate Bill No. 64Committee on Government Affairs
CHAPTER 821
AN ACT relating to the Colorado River commission; eliminating the requirement for ratification by the governor of certain contracts or agreements by the commission concerning the transmission or sale of power; and providing other matters properly relating thereto.
[Approved June 29, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 538.161 is hereby amended to read as follows:
538.161 The commission shall:
1. Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to this state.
2. Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation and transmission of electricity, both within and outside Nevada, for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information .
κ1987 Statutes of Nevada, Page 2313 (CHAPTER 821, SB 64)κ
his information . [and approval.] The commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of this state that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.
3. Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.
4. Render the friendly cooperation of the State of Nevada to [such] constructive enterprises [as look to] concerned with the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.
5. Render friendly cooperation to [,] industries located in other states, negotiate with them and invite [industries] them to locate within Nevada.
6. Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.
7. Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico. Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. The agreements, compacts or treaties are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
8. Report to the governor such measures and legislative action as [may be deemed] it deems necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.
9. Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.
Sec. 2. NRS 538.251 is hereby amended to read as follows:
538.251 1. Except as provided in subsection 2, all contracts entered into by the commission pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to power or water, or both, belonging, allotted to or contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation and transmission of electricity are not binding upon the State of Nevada until approved by the governor.
κ1987 Statutes of Nevada, Page 2314 (CHAPTER 821, SB 64)κ
2. [An] Any contract or agreement by the commission for the transmission of electrical power or to sell [short-term] :
(a) Supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available ,
does not need the approval of the governor to be binding upon the state.
________
Assembly Bill No. 494Committee on Government Affairs
CHAPTER 822
AN ACT relating to the Fort Mohave Valley development fund; establishing priorities for use of the money in the fund; requiring reimbursement to the fund under certain circumstances; authorizing grants from the fund for certain water and sewerage systems; and providing other matters properly relating thereto.
[Approved June 29, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.460 is hereby amended to read as follows:
321.460 1. There is hereby created in the state treasury, for use of the commission in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a special revenue fund to be known as the Eldorado Valley development fund.
2. The interest and income earned on the money in the Eldorado Valley development fund, after deducting any applicable charges, must be credited to the fund.
3. [None] Except as otherwise provided in NRS 321.470, none of the money in the fund may be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.
4. Money in the Eldorado Valley development fund must be paid out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 2. NRS 321.470 is hereby amended to read as follows:
321.470 1. Any money received by the commission in connection with the development or disposition of any [lands] land described in NRS 321.410 must be deposited in the state treasury to the credit of the Eldorado Valley development fund.
2. Immediately following a deposit, the state controller and the state treasurer shall calculate and retain an amount of money equal to the necessary expenses incurred in the acquisition of any land described in NRS 321.410 and shall transfer the remaining amount to the state general fund or the Fort Mohave Valley development fund, or both, until the transfers have resulted in complete reimbursement to [the state general fund] each of those funds for all money [appropriated] :
κ1987 Statutes of Nevada, Page 2315 (CHAPTER 822, AB 494)κ
necessary expenses incurred in the acquisition of any land described in NRS 321.410 and shall transfer the remaining amount to the state general fund or the Fort Mohave Valley development fund, or both, until the transfers have resulted in complete reimbursement to [the state general fund] each of those funds for all money [appropriated] :
(a) Appropriated from the state general fund to the Eldorado Valley development fund [.] ; and
(b) Used from the Fort Mohave Valley development fund pursuant to paragraph (b) of subsection 4 of NRS 321.536,
for the acquisition of such land.
Sec. 3. NRS 321.490 is hereby amended to read as follows:
321.490 1. As used in NRS 321.480 to 321.536, inclusive, unless the context otherwise requires [, commission] :
(a) Commission means the Colorado River commission.
(b) Development and develop include the:
(1) Preparation of a proposal, plans for a subdivision, plans for a zoning district or zoning regulations, or any other acts in conformance with chapters 278 and 278A of NRS and any local master plans, regulations and ordinances governing the improvement or use of land or the location and construction of structures;
(2) Planning, design, construction or any other act necessary to acquire, extend, alter, reconstruct, repair or make other improvements to a project; and
(3) Solicitation, consideration and approval of proposals for the use of land,
in the Fort Mohave Valley.
2. As used in this section, project means any structure, facility, undertaking or system which a county, city, town, general improvement district or special district is authorized to acquire, improve, equip, maintain or operate, including all kinds of personal and real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
Sec. 4. NRS 321.510 is hereby amended to read as follows:
321.510 1. The commission [may, with the advice of the board of county commissioners of Clark County,] shall undertake such engineering , [and] planning and developmental studies , and such other action as may be necessary for the development of the Fort Mohave Valley . [, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the commission.]
2. The commission shall not solicit plans for development or dispose of lands described in NRS 321.500 and 321.534 unless it has first obtained the concurrence of the governing body whose territory contains the land described for development or disposal that the proposed development or disposal:
(a) Is consistent with a master plan adopted by the governing body pursuant to chapter 278 of NRS; or
κ1987 Statutes of Nevada, Page 2316 (CHAPTER 822, AB 494)κ
(b) Constitutes an acceptable revision to the master plan,
and is consistent with the plans and projects of any special district whose territory contains the land described for development or disposal.
3. Any such proposal for the development or disposal of land must comply with applicable local regulations and ordinances governing the development of land, the location and construction of structures or the regulation of projects.
4. The commission may adopt regulations governing procedures for the disposal of the lands described in NRS 321.500 and 321.534 and may develop, dispose of and approve requests for the development or disposal of those lands only if in accordance with a master plan that has been adopted by the governing body whose territory contains the land described for development or disposal.
5. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state [may have] has to purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment must be made by written instrument, [be] approved by the attorney general, and [be] forwarded to the Secretary of the Interior.
Sec. 5. NRS 321.520 is hereby amended to read as follows:
321.520 1. For the use of the commission in carrying out the provisions of NRS 321.480 to 321.536, inclusive, the Fort Mohave Valley development fund is hereby created in the state treasury as a special revenue fund.
2. The interest and income earned on the money in the Fort Mohave Valley development fund, after deducting any applicable charges, must be credited to the fund.
3. Money in the Fort Mohave Valley development fund must be paid out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission [.] pursuant to subsection 3 of NRS 321.536.
Sec. 6. NRS 321.530 is hereby amended to read as follows:
321.530 1. Any money received by the commission in connection with the development or disposition of any [lands] land described in NRS 321.500 must be deposited in the state treasury to the credit of the Fort Mohave Valley development fund.
2. [Immediately following such a deposit, the] The state controller and the state treasurer shall calculate and retain an amount of money from that deposit equal to the necessary expenses incurred in the acquisition of any land described in NRS 321.500 and shall transfer the remaining amount to the state general fund until the transfers have resulted in complete reimbursement to the state general fund for all money appropriated from the state general fund to the Fort Mohave Valley development fund.
Sec. 7. NRS 321.536 is hereby amended to read as follows:
321.536 1. The commission may [use so much of the money in the Fort Mohave Valley development fund as may be necessary to:
(a) Purchase or otherwise to acquire, develop and dispose of the lands described in NRS 321.534.
κ1987 Statutes of Nevada, Page 2317 (CHAPTER 822, AB 494)κ
(b) Purchase or otherwise to acquire, develop and dispose of any other lands which the commission is authorized to purchase, acquire, develop or dispose of.
(c) Perform any other acts or purposes which may be authorized by the legislative commission.
2. Any money received from the development or disposition of the lands must be deposited in the Fort Mohave Valley development fund.
3. The board of county commissioners or the board of trustees of the general improvement district in the Fort Mohave Valley may, with the consent of the commission and the legislative commission, borrow such money in the Fort Mohave Valley development fund as is not required in the administration of NRS 321.480 to NRS 321.536, inclusive, in order to develop public facilities which will serve the land and its environs.] use money in the Fort Mohave development fund to purchase or otherwise acquire lands described in NRS 321.500 and 321.543 in an amount not to exceed $3,200,000.
2. After the allocation of money pursuant to subsection 1, the commission may use money in the Fort Mohave development fund to administer the provisions of NRS 321.480 to 321.536, inclusive, and any other expenditures authorized by law.
3. After the allocation of money pursuant to subsections 1 and 2, the commission, with the concurrence of the board of county commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the use of the remaining money available in the Fort Mohave Valley development fund to develop state and local capital improvements. The program may include the planning, design and construction of those improvements which develop the land in the Fort Mohave Valley or in the service area of any general improvement district, special district, town or city which contains all or a part of the land in the Fort Mohave Valley, or both. If the program is approved, the commission shall approve proper claims against the fund made in conformance with the program in a manner which ensures that any claims concerning a particular capital improvement are approved and paid before any claims concerning another capital improvement are approved and paid.
4. After disposition of the money in the Fort Mohave Valley development fund pursuant to subsections 1, 2 and 3, the commission may use any remaining money to:
(a) Develop and dispose of any land described in NRS 321.534 acquired by the commission;
(b) Purchase or otherwise acquire, develop and dispose of any other land, including the land described in NRS 321.410, which the commission is authorized to purchase, acquire, develop or dispose of; and
(c) Perform any other acts authorized by the legislative commission.
5. Any money:
(a) Received from the development or disposition of the land described in NRS 321.534;
κ1987 Statutes of Nevada, Page 2318 (CHAPTER 822, AB 494)κ
(b) Transferred from the Eldorado Valley development fund pursuant to subsection 2 of NRS 321.470; or
(c) Received from the development or disposition of any other land which the commission acquires using money from the Fort Mohave Valley development fund pursuant to paragraph (b) of subsection 4,
must be deposited in the Fort Mohave Valley development fund.
Sec. 8. NRS 321.535 is hereby repealed.
Sec. 9. 1. After the disposition of money in the Fort Mohave Valley development fund pursuant to subsection 1 of NRS 321.536 and before any disposition of money may be made pursuant to subsection 2, 3 or 4 of NRS 321.536, as amended by this act, the Colorado River commission shall make grants from the fund in the following order of priority:
(a) In the amount of $200,000 to the state department of conservation and natural resources to prepare a master plan that:
(1) Provides a plan for development for the Fort Mohave Recreation Area which is identified as those portions of sections 20, 29, 31 and 32 in T. 32 S., R. 66 E., M.D.B. & M., and those portions of sections 5, 6 and 10 in T. 33 S., R. 66 E., M.D.B. & M., which have been reserved by the Colorado River Commission for the development of a state park.
(2) Provides a plan of development, compatible with the Fort Mohave Recreation Area, accommodating both commercial and recreational uses in conjunction with the protection of other important natural resources of the Laughlin Bay, a backwater of the Colorado River adjacent to the Fort Mohave Recreation Area.
(3) Provides a plan for the use of those lands below Davis Dam and the California state border to which the State of Nevada holds title pursuant to NRS 537.010.
(b) In the amount of $300,000 to the board of directors of a district for the control of floods with jurisdiction over the area to prepare a preliminary engineering plan for the Hiko Springs Wash to facilitate the development of a channel for the control of flooding, and the management of drainage, in order to control sedimentation in Laughlin Bay.
2. Except as otherwise provided in subsection 3, after the disposition of money in the Fort Mohave Valley development fund pursuant to subsection 1 of this section and subsections 1 and 2 of NRS 321.536, and before any disposition of money may be made pursuant to subsection 3 or 4 of NRS 321.536, as amended by this act, the Colorado River commission shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the grants provided in paragraphs (a) and (b) of this subsection and, if the program is approved, make grants upon application therefor in the following order of priority:
(a) In the amount of $5,500,000 to the governmental entity which is providing a system for the supply, storage and distribution of water in the Fort Mohave Valley and its surrounding area, to assist in the financing, refinancing and retirement of debt and other capital financing for the system.
(b) In the amount of $2,000,000 to the governmental entity which is providing a sanitary system for the treatment, disposal or reuse of sewage for the land in the Fort Mohave Valley and its surrounding area to pay for a portion of the cost of acquiring the facilities and equipment necessary to facilitate:
κ1987 Statutes of Nevada, Page 2319 (CHAPTER 822, AB 494)κ
for the land in the Fort Mohave Valley and its surrounding area to pay for a portion of the cost of acquiring the facilities and equipment necessary to facilitate:
(1) The return of treated effluent from the sanitary system to the Colorado River in a manner that provides a credit for nonconsumptive use against the states allocation of water from the Colorado River.
(2) The development of a system for the substitution of treated sewage effluent for existing and future potable water as appropriate.
Any amounts authorized by this subsection must be increased by such amounts as are necessary to cover any interest charged in connection with any advance or work provided or authorized pursuant to subsection 4.
3. If the application for a grant provided for in subsection 2 is not submitted to the Colorado River commission before January 1, 1990, then the priority for payment of the grant pursuant to subsection 2 does not apply for the fiscal year 1990-1991, but does apply for the succeeding fiscal year. If an application is not submitted before January 1, 1991, the priority for payment of the grant does not apply until the fiscal year which begins in the calendar year after the year in which application is submitted.
4. Any entity authorized to receive money pursuant to subsection 2 may accept an advance of money or work from any public or private source to carry out the described activity. Such an advance does not constitute a debt of the State of Nevada or any political subdivision thereof, and the written agreement relating thereto must contain a provision which states explicitly that repayment or compensation for the advanced money or work is only guaranteed upon the entitys successful application for money pursuant to subsection 2. The acceptance of such an advance must be in the form of a written agreement to repay all or a portion of the money advanced or to reimburse the source for the value or cost of the work, whichever is less, as determined by the entity. The failure to complete an activity within the time set forth in the agreement nullifies any agreement to repay or reimburse the source.
5. Such an agreement may provide for the payment of interest on the advance, not to exceed the annual rate provided by the Index of Twenty Bonds which was in effect at the time the agreement was made. If the activity is initiated by the entity before the money in the fund is available, the date from which interest is charged must be the date the Colorado River Commission receives notification of the activity pursuant to subsection 7. In no case may interest be charged for more than 3 years following the notification of the commission.
6. Any advance of work accepted pursuant to this section must be performed in the manner required of the entity. The initiation of any activity before the money in the fund is available does not preclude the entity from applying for and obtaining the grant authorized pursuant to subsection 2.
7. Any entity undertaking or entering into an agreement for the performance of any such activity before the money in the fund is available, or before the approval of the program pursuant to subsection 2, shall notify the Colorado River Commission. The notice must contain a statement of the amount of the money or work advanced and the rate of interest, if any, agreed upon.
κ1987 Statutes of Nevada, Page 2320 (CHAPTER 822, AB 494)κ
amount of the money or work advanced and the rate of interest, if any, agreed upon. The commission shall consider such a notification as an expression of an intention to apply for the money provided for in subsection 2 for that activity.
________
Assembly Bill No. 130Assemblymen Dini, Jeffrey, Sedway, DuBois, Bergevin, Getto, Humke, Schofield, Sader, Evans, McGaughey, Garner, Adler, Kissam, Myrna Williams, Nicholas, Callister, Haller, Triggs, Gaston, Carpenter, Lambert, Wisdom, Spinello, Tebbs, Brookman, Freeman, Thomas and Marvel
CHAPTER 823
AN ACT relating to public assistance; requiring the establishment of a plan for the education and training of recipients of aid to dependent children; providing coverage under industrial insurance for certain recipients who participate in programs of education and training; 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 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, plan means the plan to provide for the education and training of recipients of aid to dependent children.
Sec. 3. The administrator shall, pursuant to the appropriate provisions of 42 U.S.C. §§ 601 to 645, inclusive, establish by regulation a plan to provide for the education and training of recipients of aid to dependent children as a condition of being eligible for that aid. The plan must be approved by the board.
Sec. 4. The plan must include provisions for:
1. Assisting the recipient to plan for a career, including:
(a) Testing of the recipients skills;
(b) Evaluation of the recipients abilities and goals;
(c) Guidance for the recipient in establishing a specific plan for training; and
(d) A contract between the welfare division and the recipient which specifies the responsibilities of each party, including the:
(1) Recipients commitment to specific actions to prepare for and seek employment that will make the recipient self-sufficient.
(2) Welfare divisions commitment to provide assistance and services to the recipient while he is seeking employment.
2. Training of a recipient by an employer, including:
κ1987 Statutes of Nevada, Page 2321 (CHAPTER 823, AB 130)κ
(a) Subsidization of the employers costs incurred in training the recipient; and
(b) An emphasis on training the recipient in increasingly difficult duties under close supervision until the recipient is capable of performing the work on his own.
3. Operation of a program to assist recipients who have limited or no skills to obtain the necessary training and experience for unsubsidized employment.
4. Education and training of a recipient, including:
(a) Courses of training in skills desirable for employment in Nevada;
(b) Payment, for qualified recipients, of the costs of tuition, books and fees for college courses which are directly applicable to the recipients goals for his career; and
(c) Basic education in reading, writing, mathematics, the sciences and English as a second language, and education leading to the equivalent of a high school diploma.
5. Direct placement in a job, including assisting the recipient to search for a job.
6. Supportive services, including:
(a) If the recipient is employed by an employer who does not provide health insurance, providing health insurance for a limited time after the recipient is employed;
(b) Subsidizing the costs of child care while the recipient is participating in the plan and for a limited time after he is employed; and
(c) Reimbursement of the costs of transportation, up to a limit determined by the administrator, while the recipient is participating in the plan.
Sec. 5. The administrator, with the approval of the board:
1. Shall adopt regulations for:
(a) The administration of the plan; and
(b) The determination of eligibility of a recipient to participate in any part of the plan;
2. May contract with any state or private agency to provide any of the services of the plan; and
3. May receive a grant of money from the Federal Government or any other source to defray the costs of the plan.
Sec. 6. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. Any person who participates in a program to obtain education and experience for employment administered by the welfare division of the department of human resources pursuant to subsection 3 of section 4 of this act shall be deemed for the purposes of this chapter to be an employee of the welfare division at the wage of $150 per month and is entitled to the benefits of this chapter.
Sec. 8. Any person who participates in a program to obtain training for employment administered by the welfare division of the department of human resources, if he receives training on the job and a wage directly from an employer, shall be deemed for the purposes of this chapter to be an employee of that employer and is entitled to the benefits of this chapter.
κ1987 Statutes of Nevada, Page 2322 (CHAPTER 823, AB 130)κ
employer, shall be deemed for the purposes of this chapter to be an employee of that employer and is entitled to the benefits of this chapter.
Sec. 9. NRS 616.015 is hereby amended to read as follows:
616.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.120, inclusive, and sections 7 and 8 of this act, have the meanings ascribed to them in those sections.
Sec. 10. The plan for the education and training of recipients of aid to dependent children must be completed and put into effect on or before July 1, 1988.
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Assembly Bill No. 617Committee on Government Affairs
CHAPTER 824
AN ACT relating to projects for public works; requiring advertising for bids for contracts on certain projects; permitting an agency or political subdivision of the state to reject the bids under certain circumstances; and providing other matters properly relating thereto.
[Approved June 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 5, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
3. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
κ1987 Statutes of Nevada, Page 2323 (CHAPTER 824, AB 617)κ
4. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
5. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.
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