[Rev. 2/12/2019 1:08:22 PM]
LAWS OF THE STATE OF NEVADA
κ1989 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTY-FIFTH SESSION OF THE LEGISLATURE
1989
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Senate Bill No. 1Senators Raggio and Neal
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved January 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $2,500,000.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 2Raggio and Jacobsen
CHAPTER 2
AN ACT relating to legislative measures; eliminating the requirement that the list of requests for bill drafts be published in the journals of the senate and the assembly; requiring the legislative counsel to continue to prepare and distribute the list throughout session; and providing other matters properly relating thereto.
[Approved January 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.2475 is hereby amended to read as follows:
218.2475 1. On July 1 preceding each regular session of the legislature, and each week thereafter until the [first day of the session,] adjournment of the legislature sine die, the legislative counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the legislative counsel for the purposes of identification in the order that he received the requests.
κ1989 Statutes of Nevada, Page 2 (CHAPTER 2, SB 2)κ
Except as otherwise provided in subsection [4,] 3, the list must only contain the name of each requester, the date and a brief summary of the request.
2. [On the first day of the legislative session, the entire list must be published in the journals of the senate and assembly. A current list must be so published each week during the legislative session.
3.] The legislative counsel bureau shall make copies of the list available to the public for a reasonable sum fixed by the legislative commission upon the recommendation of the director of the legislative counsel bureau.
[4.] 3. In preparing the list, the legislative counsel shall not include any information concerning a measure requested by a legislator until the particular measure is introduced in the legislature.
Sec. 2. This act becomes effective upon passage and approval, and its amendatory provisions apply to any journals that would otherwise be required to be published on its effective date.
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Assembly Bill No. 64Committee on Legislative Functions
CHAPTER 3
AN ACT relating to legislative acts; changing the effective date of bills and joint resolutions from July 1 to October 1 following passage unless otherwise specified in the bill; and providing other matters properly relating thereto.
[Approved February 14, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 218.530 is hereby amended to read as follows:
218.530 Every law and joint resolution passed by the legislature [shall take effect and be in force on July] becomes effective October 1 following its passage, unless [such] the law or joint resolution [shall specifically prescribe] specifically prescribes a different effective date.
Sec. 2. Each law and joint resolution passed by the 65th session of the Legislature and approved before this act, unless otherwise provided in the law or joint resolution, becomes effective on October 1, 1989.
Sec. 3. This act becomes effective upon passage and approval.
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κ1989 Statutes of Nevada, Page 3κ
Senate Bill No. 4Senators Horn, Malone, Vergiels, Getto, Wagner, Hickey, Rhoads, Joerg, Rawson, Neal, ODonnell, Jacobsen, Smith, Shaffer, OConnell, Coffin, Beyer, Mello and Townsend
CHAPTER 4
AN ACT relating to homesteads; increasing the amount exempt; increasing the value of a dwelling exempt from execution; and providing other matters properly relating thereto.
[Approved February 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding [$90,000] $95,000 in value, to be selected by the husband and wife, or either of them, or a single person claiming the homestead, is not subject to forced sale on execution, or any final process from any court, except as provided by subsection 2.
2. The exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the premises, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
3. Any declaration of homestead which has been filed before July 1, [1983,] 1989, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the value of the property selected and claimed for the exemption up to the value permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, [1983.] 1989.
Sec. 2. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes oath before the judge of the district court of the county in which the premises are situated, that the cash value of the premises exceeds, to the best of the creditors information and belief, the sum of [$90,000,] $95,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate the report as to the value of the premises, and if the value exceeds the sum of [$90,000,] $95,000, whether the premises can be divided so as to leave the premises amounting to the homestead exemption without material injury.
κ1989 Statutes of Nevada, Page 4 (CHAPTER 4, SB 4)κ
2. If it appears, upon the report, to the satisfaction of the judge that the premises can be thus divided, he shall order the excess to be sold under execution. If it appears that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this chapter, he shall order the entire premises to be sold, and out of the proceeds the sum of [$90,000] $95,000 to be paid to the defendant in execution, and the excess to applied to the satisfaction on the execution. No bid under [$90,000] $95,000 may be received by the officer making the sale.
3. When the execution is against a husband or wife, the judge may direct the [$90,000] $95,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead premises.
Sec. 3 NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) One vehicle if the judgment debtors equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during this period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
κ1989 Statutes of Nevada, Page 5 (CHAPTER 4, SB 4)κ
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law.
(m) The dwelling of the judgment debtor occupied as home for himself and family, not exceeding [$90,000] $95,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in a subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 4 This act becomes effective on July 1, 1989.
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Assembly Bill No. 7Assemblyman Sader
CHAPTER 5
AN ACT relating to records of criminal history; authorizing the private investigators licensing board to obtain records of criminal history from agencies of criminal justice; and providing other matters properly relating thereto.
[Approved February 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
κ1989 Statutes of Nevada, Page 6 (CHAPTER 5, AB 7)κ
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee or prospective employee who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities : [for the following purposes:]
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) The private investigators licensing board to investigate an applicant for a license.
(e) Any agency of criminal justice of the United States or of another state or the District of Columbia.
[(e)] (f) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
[(f)] (g) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
[(g)] (h) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
[(h)] (i) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
κ1989 Statutes of Nevada, Page 7 (CHAPTER 5, AB 7)κ
[(i)] (j) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
[(j)] (k) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the laws of the state or other jurisdiction from which the information was received.
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Senate Bill No. 22Committee on Judiciary
CHAPTER 6
AN ACT relating to the juvenile courts; limiting the situations in which a juvenile probation officer has the powers of a peace officer; and providing other matters properly relating thereto.
[Approved February 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.120 is hereby amended to read as follows:
62.120 1. In counties [having a population of] whose population is less that 250,000, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge [may direct.] directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the judge and others entitled under this chapter to receive that information, unless otherwise ordered by the judge.
2. Probation officers and assistant probation officers have the same powers as peace officers [.] when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. Every effort must be made by [the various counties throughout the state] a county to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
Sec. 2. NRS 62.122 is hereby amended to read as follows:
62.122 1. The probation officer under the general supervision of the director of juvenile services and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services [may direct,] directs.
κ1989 Statutes of Nevada, Page 8 (CHAPTER 6, SB 22)κ
work, and he shall perform such other duties as the director of juvenile services [may direct,] directs. All information obtained in discharge of official duty by an officer or other employee of the court [shall be] is privileged and [shall] must not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless [and until] otherwise permitted by the director of juvenile services.
2. Probation officers and assistant probation officers [shall] have the same powers as peace officers [.] when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
Sec. 3. NRS 62.125 is hereby amended to read as follows:
62.125 The director of juvenile services [shall have] has the full power and authority of a peace officer in his judicial district [.] when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
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Assembly Bill No. 41Assemblymen Swain and Thompson
CHAPTER 7
AN ACT relating to museums; changing the name of the Sierra Nevada Museum of Art, Inc., to the Nevada Museum of Art, Inc.; and providing other matters properly relating thereto.
[Approved February 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.110 is hereby amended to read as follows:
361.110 The buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of the [Sierra] Nevada Museum of Art, Inc., the Young Mens Christian Association, The Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, The Girl Scouts of America, The Camp Fire Girls, Inc., the Boy Scouts of America and the Sierra Arts Foundation are exempt from taxation; but when any such property is used for purposes other than those of those organizations respectively, and a rent or other valuable consideration is received for its use, the property must be taxed.
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κ1989 Statutes of Nevada, Page 9κ
Senate Bill No. 24Committee on Judiciary
CHAPTER 8
AN ACT relating to children; requiring the imposition of an administrative assessment for certain minor traffic offenses committed by children; and providing other matters properly relating thereto.
[Approved February 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child is found to have committed a minor traffic offense, except one related to metered parking, and a fine is imposed, the judicial officer shall order the child to pay an administrative assessment of $10 in addition to the fine.
2. The money collected for an administrative assessment must be stated separately on the courts docket. If the child is found not to have committed the offense or the charges are dropped, the money deposited with the court must be returned to the child.
3. The money collected for administrative assessments imposed pursuant to this section must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a special account for the use of the countys juvenile court or for services to juvenile offenders.
Sec. 2 NRS 62.221 is hereby amended to read as follows:
62.221 Whenever any child is found to have [violated a traffic law or ordinance,] committed a minor traffic offense, the judge, or his [duly] authorized representative, shall forward to the department of motor vehicles and public safety, in the form required by NRS 483.450, a record of the violation, other than violation of a law or ordinance governing standing or parking, and may do any or all of the following:
1. Impose a fine. If a fine is imposed, the judge or his authorized representative shall impose an administrative assessment pursuant to section 1 of this act.
2. Recommend to the department of motor vehicles and public safety the suspension of the childs drivers license.
3. Require that the child attend and complete a traffic survival course.
4. Order that the child or his parent pay the reasonable cost of the childs attending the traffic survival course.
5. Order the child to be placed on a work detail to repay any fine imposed.
6. Order the child placed on probation.
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κ1989 Statutes of Nevada, Page 10κ
Assembly Bill No. 93Assemblymen Nevin, Dini, Kerns, Fay, Gibbons, Price, Thompson, Garner, Porter, Wendell Williams, Bogaert, Chowning, Spinello, Regan, Lambert, Spriggs, Arberry, Triggs, Freeman, Evans, Sheerin, Bergevin, McGaughey, Jeffrey, McGinness, Banner, Gaston and Marvel
CHAPTER 9
AN ACT relating to enforcement of judgments; prohibiting execution against a debtors primary home to enforce judgments on medical bills; and providing other matters properly relating thereto.
[Approved March 1, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 21 of NRS is hereby amended by adding thereto a new section to read as follows:
The primary dwelling, including a mobile or manufactured home, of a judgment debtor is exempt from execution upon a judgment for a medical bill. The parcel of land upon which the dwelling is situated and any appurtenances thereto are also exempt if they are owned by the judgment debtor. These exemptions apply during the:
1. Lifetime of the judgment debtor, his spouse, his dependent adult child if that child is mentally or physically disabled or a joint tenant if he was a joint tenant when the judgment was entered; or
2. Minority of any child of the judgment debtor,
if the judgment debtor or joint tenant resides in the dwelling, or the spouse, dependent or minor child of the judgment debtor resides in the dwelling.
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Assembly Bill No. 105Assemblymen Lambert, Wisdom, Freeman, Diamond, Chowning, Spriggs, Brookman, Evans, Myrna Williams and Swain
CHAPTER 10
AN ACT relating to crimes; prohibiting certain lenders from discriminating against customers who apply for certain loans or other financial assistance on account of the customers sex; providing a penalty; and providing other matters properly relating thereto.
[Approved March 1, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.310 is hereby amended to read as follows:
207.310 1. As used in this section:
(a) Customer means a person who applies for a loan or other financial assistance [for the purpose of purchasing, constructing, improving or repairing] to purchase, construct, improve or repair a dwelling.
κ1989 Statutes of Nevada, Page 11 (CHAPTER 10, AB 105)κ
(b) Lender means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, interest rate or other terms of a loan or other financial assistance on account of the race, color, religious creed, national origin , [or] ancestry or sex of:
(a) The customer;
(b) Any person associated with the customer in connection with [such] the loan or other financial assistance or with the purpose of [such] the loan or other financial assistance; or
(c) The present or prospective owners, lessees, tenants or occupants of the dwelling [or dwellings] in relation to which [such] the loan or other financial assistance is to be made or given.
3. [Any] A person who violates the provisions of this section is guilty of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
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Senate Bill No. 103Senators Hickey, Coffin, Horn, Neal, Shaffer, Titus and Vergiels
CHAPTER 11
AN ACT relating to controlled substances; providing for the forfeiture of firearms in the possession of a person who commits a crime related to controlled substances; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive.
κ1989 Statutes of Nevada, Page 12 (CHAPTER 11, SB 103)κ
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.
7. All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332.
8. Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, all proceeds traceable to such an exchange, and all property used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to the subsection.
9. All firearms, as defined by NRS 202.253, which are in the actual or constructive possession of a person who possesses or is consuming, manufacturing, transporting, selling or under the influence of any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive.
Sec. 2. NRS 202.340 is hereby amended to read as follows:
202.340 1. [When any one or more] Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any of the instruments or weapons described in NRS 202.350 are taken from the possession of any person charged with the commission of any public offense or crime such instruments or weapons [shall] must be surrendered:
(a) To the sheriff of the county wherein [the same] they are taken; or
(b) To the head of the police force or department of an incorporated city when the possession thereof is detected by any member of the police force.
2. Except as otherwise provided in subsection 5, the governing body of the county or city shall at least once a year order the officer to whom [any such] the instrument or weapon is surrendered pursuant to subsection 1 to:
(a) Retain [any such] the confiscated instrument or weapon for use by the law enforcement agency headed by [such] the officer.
(b) Sell [any such] the confiscated instrument or weapon to another law enforcement agency at a price not less than its prevailing market value.
(c) Sell [any such] the confiscated instrument or weapon at a public auction to be held at least once [in each] a year, after notice of [such public] the auction describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.
3. All proceeds of the sales provided for in subsection 2 [shall] must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit [such] the proceeds to the general fund of [such] the county or city.
4. Any officer receiving an order as provided in subsection 2 shall comply with [such] the order as soon as practicable.
κ1989 Statutes of Nevada, Page 13 (CHAPTER 11, SB 103)κ
5. The officer to whom [any such] the confiscated instrument or weapon is surrendered shall:
(a) Destroy or direct to be destroyed [such] any instrument or weapon which is determined to be dangerous to the safety of the public.
(b) Return any instrument or weapon, which has not been destroyed pursuant to paragraph (a), upon demand to the person from whom [such instrument or weapon] it was confiscated if [such] the person is acquitted of the public offense or crime of which he was charged.
(c) Retain [such] the confiscated instrument or weapon held by him pursuant to an order of a judge of a court of record or by direction of the district attorney that [such] retention is necessary for purposes of evidence, until [such] the order or direction is rescinded.
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Senate Bill No. 28Senator Raggio
CHAPTER 12
AN ACT relating to justices courts; limiting the jurisdiction of justices courts over actions for the possession of lands and tenements where the relation of landlord and tenant exists; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $2,500.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $2,500.
(c) Except as otherwise provided in paragraph (1) , in actions for a fine, penalty or forfeiture not exceeding $2,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $2,500, though the penalty may exceed that sum.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $2,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $2,500.
κ1989 Statutes of Nevada, Page 14 (CHAPTER 12, SB 28)κ
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists [.] , when damages claimed do not exceed $2,500 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed $2,500.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $2,500.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $2,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $2,500.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) To issue a temporary or extended order for protection against domestic violence.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
________
κ1989 Statutes of Nevada, Page 15κ
Assembly Bill No. 53Assemblymen Spinello, Porter, Thompson, Sedway, Banner, Myrna Williams, Adler, Diamond, Wisdom, Triggs, Wendell Williams, Freeman and Callister
CHAPTER 13
AN ACT relating to polygraphic examinations; prohibiting the use of waivers to limit a polygraphic examiners liability; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:
A person shall not request any person examined to sign a waiver limiting the liability of the examiner or intern. Any such waiver is void.
________
Senate Bill No. 8Committee on Finance
CHAPTER 14
AN ACT relating to state personnel; revising provisions governing the salaries of the classified employees of the state; applying those revisions retroactively; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the director shall prescribe regulations for a pay plan for all employees in the classified service.
2. The pay plan and its amendments become effective only after approval by the commission and the governor.
3. The director shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee must be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary money is made available for the payment.
4. The director shall prescribe regulations that provide for progression through the rate ranges based on merit and fitness alone. The regulations become effective upon the approval of the commission.
5. [During regular legislative sessions salaries for the classified service of the state must be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.
κ1989 Statutes of Nevada, Page 16 (CHAPTER 14, SB 8)κ
where appropriate. The provisions of this subsection are subject to the limitation imposed by NRS 281.123.] In making recommendations during regular legislative sessions concerning salaries for the classified service of the state, the director shall consider factors such as:
(a) Surveys of salaries of comparable jobs in government and private industry within the State of Nevada and western states, where appropriate;
(b) Changes in the cost of living;
(c) The rate of turnover and difficulty of recruitment for particular positions; and
(d) Maintaining an equitable relationship among classifications.
Sec. 2. Every employees salary which was increased or decreased by the decision of any court in a matter concerning subsection 5 of NRS 284.175, as it existed before the effective date of this act, must be returned on that date to the level at which it existed before the decision of the court, subject to any adjustment made by or pursuant to a regulation of the department of personnel or a specific statute after the decision of the court.
Sec. 3. A party to a civil action concerning subsection 5 of NRS 284.175, as is existed before the effective date of this act, whether brought before, on or after that date, is not entitled to have his salary increased pursuant to that subsection.
Sec. 4. The legislature hereby declares that the legislative intent of subsection 5 of NRS 284.175, as it existed before the effective date of this act, was that the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states be used merely as a guide, where appropriate, in setting the salaries of employees in the classified service of the state. The legislature intended that other relevant factors also be considered, such as the salaries necessary to attract qualified personnel to fill certain positions in the classified service, and the financial constraints associated with the budget.
Sec. 5. This act becomes effective upon passage and approval, and applies retroactively to July 1, 1987.
Sec. 6. If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
________
κ1989 Statutes of Nevada, Page 17κ
Assembly Bill No. 47Assemblymen Porter, Diamond, Callister, Adler, Gaston and Wendell Williams
CHAPTER 15
AN ACT relating to foreign corporations; revising the provision prohibiting foreign corporations which have failed or neglected to comply with certain statutory provisions from commencing, maintaining or defending any action or proceeding in a Nevada court; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 80.210 is hereby amended to read as follows:
80.210 1. Every corporation which fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive [, shall be] :
(a) Is subject to a fine of not less than $500, to be recovered in a court of competent jurisdiction [, and shall not be allowed to commence, maintain, or defend] ; and
(b) Except as otherwise provided in this subsection, may not commence or maintain any action or proceeding in any court of this state until it [shall have] has fully complied with the provisions of NRS 80.010 to 80.040, inclusive.
An action or proceeding may be commenced by such a corporation if an extraordinary remedy available pursuant to chapter 31 of NRS is all or part of the relief sought. Such an action or proceeding must be dismissed without prejudice if the corporation does not comply with the provisions of NRS 80.010 to 80.040 inclusive, within 45 days after the action or proceeding is commenced.
2. Any person [or persons who shall act] who acts as agent within this state of any corporation which fails to comply with the provisions of NRS 80.010 to 80.040, inclusive, [shall be] is personally and individually liable to a fine of not less than $500.
3. When the secretary of state is advised that a corporation is doing business in contravention of NRS 80.010 to 80.040, inclusive, he shall report [it] that fact to the governor. The governor shall, as soon as practicable, instruct the district attorney of the county where the corporation has its principal place of business or the attorney general, or both, to institute proceedings to recover [the fine or fines] any applicable fine provided for in this section.
________
κ1989 Statutes of Nevada, Page 18κ
Assembly Bill No. 26Committee on Judiciary
CHAPTER 16
AN ACT relating to crimes; adding insurance fraud and securities fraud to the list of crimes related to racketeering; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery;
14. Resisting, delaying or obstructing a public officer;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. Assault or battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.338, inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at $100 or more;
25. Embezzlement of money or property valued at $100 or more;
26. Obtaining possession of money or property valued at $100 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence; [or]
κ1989 Statutes of Nevada, Page 19 (CHAPTER 16, AB 26)κ
29. Any violation of NRS 201.300 or 201.360 [.] ; or
30. Any violation of NRS 90.185, 91.230, 686A.290 or 686A.291.
________
Assembly Bill No. 95Assemblymen Brookman, Dini, McGinness, Wendell Williams, Arberry, Humke, Bergevin, Carpenter and Porter
CHAPTER 17
AN ACT relating to days of observance; authorizing and requesting the governor to proclaim the fourth Friday of September as Nevada Indian Day; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 236.040 is hereby amended to read as follows:
236.040 The governor of this state is authorized and requested to issue annually a proclamation designating the [third] :
1. Third week of July as Nevada All-Indian Stampede Days to be celebrated in Fallon, Nevada [,] ; and
2. Fourth Friday of September as Nevada Indian Day,
in commemoration of the Indian people and their efforts to maintain their culture, customs and traditions.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 84Committee on Judiciary
CHAPTER 18
AN ACT relating to juveniles; expanding the authority of law enforcement officers to retain the fingerprints of a child 14 years of age or older under certain circumstances; and providing other matters properly relating thereto.
[Approved March 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.350 is hereby amended to read as follows:
62.350 1. [Fingerprints] The fingerprints of a child 14 years of age or older who is [referred to court may be taken and filed by law enforcement officers investigating the commission of] charged with an act [which would constitute] that would be a felony if committed by an adult [. If the court does not find that the child committed the alleged act, the fingerprint card and all copies of the fingerprints shall be destroyed.] may be taken and retained by law enforcement officers as provided in subsection 4.
κ1989 Statutes of Nevada, Page 20 (CHAPTER 18, AB 84)κ
2. If a child under 14 years of age is being investigated for an act [which would constitute] that would be a felony if committed by an adult, he may be fingerprinted with a proper court order.
[2.] 3. If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of [the] a child in custody, he may be fingerprint the child , regardless of his age or the nature of the offense , for [purposes] the purpose of making an immediate comparison with the latent fingerprints. If the child is under 14 years of age and the comparison is [negative,] :
(a) Negative, the fingerprint card and other copies of the fingerprints taken [shall] must be immediately destroyed. [If the comparison is positive and the child is under 14 years of age and referred to court,]
(b) Positive, the fingerprint card and other copies of the fingerprints [shall be delivered] must be:
(1) Delivered to the court for disposition [. If] if the child is referred to court.
(2) Immediately destroyed if the child is not referred to court . [, the prints shall be immediately destroyed.]
Fingerprints shall not be submitted to the Federal Bureau of Investigation or Criminal Identification and Investigation Bureau of California unless the child is found to have committed an act of delinquency [which would constitute] that would be a felony if committed by an adult.
[3.] 4. If the [court finds that] fingerprints of a child 14 years of age or older [has committed an act of delinquency which would constitute a felony if committed by an adult, the prints] are taken pursuant to subsection 1 or 3, they may be retained in a local file , including any local system for the automatic retrieval of fingerprints, or sent to a central state depository but they [shall] must be kept separate from those of adults, under special security measures limited to inspection for the purpose of comparison [purposes] by law enforcement officers or by staff of the depository only in the investigation of a crime.
[4.] 5. A child in custody shall not be photographed for the purpose of criminal identification [purposes] without the consent of the judge unless the case if certified for criminal prosecution.
[5.] 6. Any person who willfully violates any provision of this section is guilty of a misdemeanor.
________
κ1989 Statutes of Nevada, Page 21κ
Senate Bill No. 52Senators Rawson and OConnell
CHAPTER 19
AN ACT relating to emergency medical services; clarifying existing provision regarding the immunity from liability of certain persons who give instruction, provide supervision or obey related instructions under certain circumstances; adding licensed nurses to the group of persons immune from liability for emergency care given gratuitously and in good faith; providing that licensed nurses are not immune from liability for emergency care rendered in a medical facility; and providing other matters properly relating thereto.
[Approved March 14, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.505 is hereby amended to read as follows:
41.505 1. Any physician or registered nurse who is good faith gives instruction or provides supervision to an emergency medical attendant [as defined 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 emergency medical 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, in giving that instruction [,] or providing that supervision . [or rendering that emergency care.] An emergency medical attendant or registered nurse who obeys an instruction given by a physician or registered nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in 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.
3. As used in this section, 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 pursuant to chapter 450B of NRS.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 22κ
Assembly Bill No. 73Assemblymen Swain, Dini, DuBois, Adler, Gaston, Wisdom, Myrna Williams, Sader, Schofield, Evans, Diamond, Chowning, Callister, Garner, Regan, Price, Carpenter, Bergevin, Gibbons, Freeman, Porter, Kerns, Marvel, Spinello, Nevin, Sheerin, Spriggs, Wendell Williams, McGaughey, Lambert, Arberry, Kissam and Sedway
CHAPTER 20
AN ACT relating to historic districts; authorizing cities to create such districts; and providing other matters properly relating thereto.
[Approved March 14, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 384.005 is hereby amended to read as follows:
384.005 1. Any county or city may establish a historic district, the boundaries of which do not include the Comstock historic district, for the purpose of promoting the educational, cultural, economic and general welfare of the public through the preservation, maintenance and protection of structures, sites and areas of historic interest and scenic beauty.
2. Before establishing any historic district, the board of county commissioners of a county or the governing body of a city shall hold a public hearing after giving notice of the time and the place of the hearing in a newspaper of general circulation in that county [.] or city. The notice must be published once a week for 3 consecutive weeks and include the purpose of the hearing and the boundaries of the proposed district. At the hearing any person may appear in support of or in opposition to the establishment of the proposed district.
3. Within 15 days after the hearing, the board or governing body shall:
(a) Establish the historic district and fix its boundaries; or
(b) Determine not to establish the historic district.
4. If the historic district is established, the board or governing body may adopt any ordinances it determines are in the best interest of the historic district in accordance with the purposes expressed in subsection 1. An ordinance establishing a historic district must:
(a) Contain criteria which substantially achieve the preservation and rehabilitation of buildings of historic significance to the district; and
(b) Provide for a designated review board with the power to review proposed alterations to structures within the district.
5. This section is not intended to discourage the exploration, development or extraction of mineral resources.
Sec. 2. NRS 37.038 is hereby amended to read as follows:
37.038 1. Before any person, other than a government or public utility, may exercise the right of eminent domain to take any real property within a historic district organized under chapter 384 of NRS, he must first obtain the approval of the board of county commissioners of the county or the governing body of the city in which that real property is situated. This consent must not be withheld if the person seeking to exercise the right of eminent domain shows that:
κ1989 Statutes of Nevada, Page 23 (CHAPTER 20, AB 73)κ
be withheld if the person seeking to exercise the right of eminent domain shows that:
(a) The property will be put to a public use;
(b) The property is necessary for that public use; and
(c) The intended public use will be of great public benefit to the immediate community or area in which the real property is situated and not significantly harmful to historic landmarks or features.
2. In any subsequent judicial proceeding to condemn that real property, the determination of the board of county commissioners or the governing body whether the property will be put to a public use and whether it is necessary for that use are prima facie evidence of those facts, respectively, unless the court specifically finds that the determinations were:
(a) Arbitrary and capricious; or
(b) Not supported by substantial evidence.
________
Assembly Bill No. 69Assemblymen Myrna Williams, Wisdom, Sedway, Spinello, Lambert, Diamond, Freeman, Triggs, Adler, Gaston, Evans, Brookman and Chowning
CHAPTER 21
AN ACT relating to domestic violence; providing an exception to the requirement that a peace officer arrest a person suspected of committing a recent battery; and providing other matters properly relating thereto.
[Approved March 14, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.137 is hereby amended to read as follows:
171.137 1. [Whether] Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 4 hours, committed a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person.
2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons allegedly committing a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
κ1989 Statutes of Nevada, Page 24 (CHAPTER 21, AB 69)κ
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor which helps the peace officer decide which person is the primary physical aggressor.
3. A peace officer shall not base his decision whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.
4. When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include [any] in his report, if applicable:
(a) His reasons for determining that one of the persons involved in a mutual battery was the primary physical aggressor; and
(b) Any mitigating circumstances [in his report] which prevented him from making an arrest pursuant to subsection 1,
and forward a copy of the report to the department of motor vehicles and public safety.
[3.] 5. The department shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.
________
Senate Bill No. 100Committee on Taxation
CHAPTER 22
AN ACT relating to elections; requiring a special election on May 2, 1989, to vote on proposed constitutional amendments; extending the time for registration for any primary city elections scheduled for May 2, 1989; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
[Approved March 14, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.390 is hereby amended to read as follows:
218.390 1. An enrolled joint resolution proposing an amendment to the constitution of the State of Nevada [shall] must not be presented to the governor for approval and signature, but [shall] must be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he [shall designate] designates in writing.
2. The secretary of state shall cause the enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver [the same] them to the presiding officer of the house in which [such] the proposed amendment originated at the next ensuing session of the legislature. The enrolled resolution accompanied by the engrossed copy thereof [shall] must thereupon be laid before the house for action, and if approved by a majority of the members elected thereto [shall] must again be deposited with and filed by the secretary of state [that the same] so that it may be placed upon the ballot at the next ensuing general election [.]
κ1989 Statutes of Nevada, Page 25 (CHAPTER 22, SB 100)κ
enrolled resolution accompanied by the engrossed copy thereof [shall] must thereupon be laid before the house for action, and if approved by a majority of the members elected thereto [shall] must again be deposited with and filed by the secretary of state [that the same] so that it may be placed upon the ballot at the next ensuing general election [.] or a special election called by the legislature for that purpose.
3. The history of the joint resolution containing a notation that [the same] it has been returned to the house of its origin by the secretary of state [shall] must be noted on the engrossed copy of the resolution, and [shall] must likewise appear upon the enrolled copy thereof. The enrolled copy [shall] must bear the original signatures of the presiding officers and secretary and clerk of the respective houses for both sessions of the legislature at which the proposed amendment to the constitution [shall have been] was considered.
4. The secretary of state shall cause all proposed amendments to the constitution to be published in the printed volume of the statutes for each year when they [shall] have been considered by the legislature.
Sec. 2. 1. The fiscal analysis division of the legislative counsel bureau shall prepare a fiscal note for each constitutional amendment:
(a) Proposed and passed by the 64th session of the Nevada legislature; and
(b) Agreed to and passed by the 65th session of the Nevada legislature on or before March 17, 1989.
2. The first committee of reference shall review each fiscal note prepared by the fiscal analysis division pursuant to subsection 1 and approve the fiscal note with any changes as it deems necessary. Immediately after a fiscal note is approved, the fiscal analysis division shall deliver it to the secretary of state.
3. A fiscal note prepared pursuant to this section is not subject to the provisions of NRS 218.276.
4. As used in this section, first committee of reference means the committee to which the proposed constitutional amendment was first referred in the house of the legislature into which it was introduced.
Sec. 3. A special election must be held throughout the State of Nevada on May 2, 1989, to submit to the registered voters of the state for adoption or rejection any constitutional amendment:
1. For which a fiscal note is delivered to the secretary of state pursuant to section 2 of this act; and
2. For which an enrolled resolution has been delivered to the secretary of state pursuant to subsection 5 of NRS 218.443,
on or before March 17, 1989.
Sec. 4. As used in section 5 to 12, inclusive, of this act, county clerk means registrar of voters in those counties where that office has been created pursuant to the provisions of NRS 244.164.
Sec. 5. On or before March 24, 1989, the secretary of state shall:
1. Prepare notice of the special election, which must include:
(a) The date and purpose of the election;
(b) The text of the proposed constitutional amendments; and
(c) The condensations, explanations and fiscal notes prepared pursuant to NRS 218.443 and section 2 of this act, concerning the proposed constitutional amendments.
κ1989 Statutes of Nevada, Page 26 (CHAPTER 22, SB 100)κ
2. Publish the notice of the special election once in a newspaper of general circulation in the state.
3. Transmit by mail to the county clerk of each county in this state a sufficient number of certified copies of the notice of the special election for the county clerk to carry out the duties imposed upon him by the provisions of this act.
4. Transmit by mail a certified copy of the notice of the special election to the city clerk of each city in which a primary city election is expected to be held on the same day as the special election.
Sec. 6. 1. Each county clerk shall cause the notice of the special election to be published in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before March 31, 1989. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
2. On or before April 21, 1989, the county clerk shall cause one certified copy of the notice of the special election to be posted in each precinct and voting district within the county outside of incorporated cities.
Sec. 7. 1. Registration of voters for the special election and any primary city election scheduled for May 2, 1989, must close at 9 p.m. on April 15, 1989. Each county clerk shall cause notice of the close of registration to be published in a newspaper of general circulation in the county once each week for 2 consecutive weeks next preceding the close of registration. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
2. Every citizen of the United States, 18 years of age or over, who has continuously resided in this state and in the county 30 days and in the precinct 10 days next preceding the date of the special election, and who has properly registered, is entitled to vote at that election.
3. Subsection 2 does not exclude the registration of eligible persons whose 18th birthday or the date of whose completion of the required residence occurs on or before the date of the special election.
Sec. 8. 1. Whenever feasible, ballots printed for primary city elections must include the material required for the special election. The cost to print ballots for the special election, and to include the material required for the special election on ballots printed for primary city elections, must be charged to the respective counties.
2. An official mailing ballot must be mailed to each registered voter in each mailing precinct and in each absent ballot mailing precinct before 5 p.m. on April 20, 1989, to be voted by him at the special election.
3. Any variance from the form prescribed by the secretary of state in any ballot cast at the special election does not invalidate the ballot if it can be ascertained with reasonable certainty from the ballot whether the voter intended to vote for or against the questions submitted at the special election.
Sec. 9. 1. As soon as the polls are closed, the counting board shall proceed to count the votes. The counting procedure must be public, continue without adjournment until completed and be performed substantially in the manner provided in chapter 293 of NRS. When all the votes have been tallied, the counting board shall enter on tally lists the number of votes cast for and against any question submitted to the voters at the special election, and transmit the returns to the county clerk on or before May 9, 1989.
κ1989 Statutes of Nevada, Page 27 (CHAPTER 22, SB 100)κ
for and against any question submitted to the voters at the special election, and transmit the returns to the county clerk on or before May 9, 1989.
2. When all the returns have been received by the county clerk, the board of county commissioners shall meet and canvass the returns. The canvass must be completed on or before May 16, 1989.
3. As soon as the result is declared, the county clerk shall enter upon the records of the board of county commissioners an abstract of the result, which must contain the number of votes cast for and against any question submitted to the voters at the special election. After making the abstract of votes, the board of county commissioners shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of that abstract and transmit the copy to the secretary of state in sufficient time to arrive at the office of the secretary of state on or before May 19, 1989.
Sec. 10. 1. On or before May 26, 1989, the justices of the supreme court, or a majority thereof, shall:
(a) Meet with the secretary of state;
(b) Open and canvass the vote for and against the questions submitted at the special election; and
(c) Forthwith declare the results.
2. If a majority of the votes cast is for a proposed constitutional amendment, the amendment becomes effective immediately upon declaration of the results of the special election pursuant to paragraph (c) of subsection 1. If a majority of the votes cast is against a proposed constitutional amendment, the proposed constitutional amendment fails and does not become effective.
Sec. 11. 1. The secretary of state, each county clerk and each city clerk shall cooperate and take such action as is necessary to conduct lawfully the special election required by this act.
2. The provisions of all state laws relating to elections, to the extent they are consistent with the provisions of this act, apply to the special election.
3. Any public officer or other person, upon whom any duty is imposed pursuant to this act, who willfully neglects that duty, or willfully performs it in such a way as to hinder the objects and purposes of this act, is guilty of a misdemeanor. If such a person is a public officer, his office is forfeited upon conviction of a violation of this subsection.
Sec. 12. Any informalities, omissions or defects in any notice, publication or proceeding required by this act do not render invalid the adoption by a majority of the registered voters of the state voting for a proposed constitutional amendment submitted at the special election, if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether that proposed constitutional amendment was adopted or rejected by a majority of the registered voters voting thereon at the special election.
Sec. 13. 1. There is hereby appropriated from the state general fund the sum of $253,500 to reimburse the counties of this state and Carson City for the portion of the actual costs incurred by them in conducting the special election which necessarily exceeds the cost of conducting the primary city elections on the same day. The money appropriated must be allocated as follows:
κ1989 Statutes of Nevada, Page 28 (CHAPTER 22, SB 100)κ
County (including Carson City) Amount
Carson City...................................................................................................... $24,000
Churchill................................................................................................................ 6,500
Clark.................................................................................................................... 80,000
Douglas............................................................................................................... 18,000
Elko..................................................................................................................... 10,000
Esmeralda............................................................................................................. 5,000
Eureka................................................................................................................... 4,000
Humboldt........................................................................................................... 10,000
Lander................................................................................................................... 6,000
Lincoln.................................................................................................................. 8,000
Lyon...................................................................................................................... 8,000
Mineral................................................................................................................ 10,000
Nye...................................................................................................................... 12,000
Pershing................................................................................................................. 7,000
Storey.................................................................................................................... 7,000
Washoe............................................................................................................... 35,000
White Pine............................................................................................................. 3,000
2. Immediately after ascertaining the actual costs of the special election incurred by the county and Carson City, each board of county commissioners and the board of supervisors of Carson City shall certify those costs to the state board of examiners. The costs must be paid as other claims against the state are paid, except that the state board of examiners shall approve each claim only for the portion of the actual costs incurred by each county in conducting the special election which:
(a) Necessarily exceeded the cost of conducting the primary city elections on the same day; and
(b) Do not exceed the amount allocated to the county in subsection 1.
Any costs incurred by a county in conducting the special election in excess of the amount approved by the state board of examiners must be paid by the county.
3. Any remaining balance of the money appropriated by subsection 1 must not be committed for expenditure after August 1, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 14. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 29κ
Senate Bill No. 108Senators Raggio, Jacobsen, Rawson, Rhoads, Beyer, Mello and Hickey
CHAPTER 23
AN ACT making a supplemental appropriation to the health division of the department of human resources for the support of vital statistics and tuberculosis control; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $98,000 to be allocated as follows:
1. For the data processing expenses for vital statistics the sum of $8,000.
2. For additional medical costs for the control of tuberculosis the sum of $90,000.
Sec. 2. The sums appropriated by section 1 of this act are supplemental to that made by section 31 of chapter 747, Statutes of Nevada 1987, at page 1843.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 18Assemblyman Nevin
CHAPTER 24
AN ACT relating to special fuel; eliminating the provisions requiring a bond for a special fuel users license; authorizing a reduction of the required bond under certain circumstances; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 366.240 is hereby amended to read as follows:
366.240 1. [Upon receipt of the application and bond in proper form, the department shall issue to the applicant a special fuel dealers license or special fuel users license.] The department shall:
(a) Upon receipt of the application and bond in proper form, issue to the applicant a special fuel dealers license.
(b) Upon receipt of the application in proper form, issue to the applicant a special fuel users license.
2. The department may refuse to issue a special fuel dealers license or special fuel users license to any person:
(a) Who formerly held a special fuel dealers license which, before the time of filing the application, has been revoked for cause;
κ1989 Statutes of Nevada, Page 30 (CHAPTER 24, AB 18)κ
(b) Who applies as a subterfuge for the real party in interest whose license, before the time of filing the application, has been revoked for cause;
(c) Who , if he is a special fuel dealer, neglects or refuses to furnish bond as required by this chapter; or
(d) Upon other sufficient cause being shown.
Sec. 2. NRS 366.360 is hereby amended to read as follows:
366.360 1. The department shall cancel any license to act as a special fuel dealer or a special fuel user immediately upon the surrender thereof by the holder.
2. If a surety has lodged with the department a written request to be released and discharged of liability, the department shall immediately notify the special fuel dealer [or special fuel user] who furnished the bond, and unless [the special fuel dealer or special fuel user] he files a new bond as required by the department within 30 days or makes a deposit in lieu thereof as provided in NRS 366.550, the department may cancel [the special fuel dealers or special fuel users] his license.
3. If a special fuel dealer [or special fuel user] becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by [the special fuel dealer or the special fuel user,] him, the department may cancel his license immediately.
Sec. 3. NRS 366.550 is hereby amended to read as follows:
366.550 1. An applicant for or holder of a special fuel dealers license [or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license,] shall provide a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The amount of the bond must be twice the:
(a) Average quarterly taxes, penalties and interest due the State of Nevada during the preceding calendar year; or
(b) Estimated taxes payable for the first full calendar quarter of operation in this state,
determined by the department in such manner as it deems proper, and may be accordingly increased or reduced by the department at any time subject to the limitations prescribed in this chapter. The total amount of the bond or bonds of any holder of a special fuel dealers license must not be less than $1,000 or more than $25,000. The amount so fixed must be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license [or special fuel users license] affects the validity of any bond.
3. In lieu of a bond or bonds an applicant for or holder of a special fuel dealers license [or special fuel users license or the holder of a special fuel dealers license or special fuel users license] may deposit with the state treasurer, under such terms as the department may prescribe:
κ1989 Statutes of Nevada, Page 31 (CHAPTER 24, AB 18)κ
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on this amount accrues to the account of the applicant for or holder of the special fuel dealers [license or special fuel users] license.
4. [The] If the holder of a special fuel dealers license is required to provide a bond of more that $5,000, the department may reduce the requirements for [a] the bond to not less than [$1,000 for the holder of a special fuel users license upon his] $5,000 upon the dealers faithful performance of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.
5. The department shall immediately reinstate the original requirements for a bond for a holder of a special fuel [users] dealers license upon his:
(a) Lack of faithful performance of the requirements of this chapter; or
(b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 61Committee on Taxation
CHAPTER 25
AN ACT relating to taxation; implementing S.J.R. No. 22 of the 64th session concerning the taxation of the net proceeds from the extraction of minerals; making various changes concerning the collection of the tax on the net proceeds of minerals; revising the provisions governing the assessed valuation of taxable property; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby declares that:
1. The legislatures intent in proposing and approving Senate Joint Resolution No. 22 of the 64th session is to provide a separate method of taxation that is intended to be the only manner of taxation of mines, other than patented mines and mining claims upon which less than $100 worth of labor has been actually performed in the preceding year, and minerals, including oil, gas and other hydrocarbons, until the mineral has been extracted and subjected to the ordinary mining processes involved in the extraction.
2. The legislature intends that the tax imposed by this act and the proposed constitutional limitations upon the taxation of minerals and their proceeds preclude a tax upon:
κ1989 Statutes of Nevada, Page 32 (CHAPTER 25, SB 61)κ
(a) The extraction and ordinary mining processes involved in the extraction of minerals, including oil, gas and other hydrocarbons;
(b) Minerals, including oil, gas and other hydrocarbons, until after the completion of the ordinary mining processes involved in the extraction of the mineral, and if exchanged at that time, until after the completion of the exchange; and
(c) The proceeds received in exchange for minerals, including oil, gas and other hydrocarbons, if the minerals are exchanged upon the completion of the ordinary mining processes, until after the completion of the exchange.
3. The legislatures intent in proposing and approving Senate Joint Resolution No. 22 of the 64th session is to provide the opportunity for this and other legislatures to assess a tax on the net proceeds of minerals.
4. The legislature intends that the tax imposed by this act and the proposed constitutional limitations upon the taxation of minerals and their proceeds do not preclude or in any way affect the taxation of motor vehicle or diesel fuel, jewelry, profits or revenues of businesses, or any other tax upon property, sales or businesses, except as provided in subsection 2.
Sec. 2. NRS 360.417 is hereby amended to read as follows:
360.417 Any person who fails to pay any tax provided for in chapter 362, 365, 369, 370, 372, 373 or 374 of NRS to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the department, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax required to be collected under this Title became due until the date of payment.
Sec. 3. NRS 361.405 is hereby amended to read as follows:
361.405 1. The secretary of the state board of equalization forthwith shall certify any change made by the board in the assessed valuation of any property in whole or in part to the county auditor of the county where the property is assessed, and whenever the valuation of any property is raised, the secretary of the state board of equalization shall forward by certified mail to the property owner or owners affected, notice of the increased valuation.
2. As soon as changes resulting from cases having a substantial effect on tax revenues have been certified to him by the secretary of the state board of equalization, the county auditor shall:
(a) Enter all such changes and the value of any construction work in progress [which was] and net proceeds of minerals which were certified to him by the department, on the assessment roll before the delivery thereof to the tax receiver.
(b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.
(c) Certify the results to the board of county commissioners and the department on or before April 15 of each year.
3. The board of county commissioners shall not levy a tax on the net proceeds of minerals added to the assessed valuation pursuant to paragraph (a) of subsection 2, but, except as otherwise provided by specific statute, the net proceeds of minerals must be included in the assessed valuation of the taxable property of the county and all local governments in the county for the determination of the rate of tax and all other purposes for which assessed valuation is used.
κ1989 Statutes of Nevada, Page 33 (CHAPTER 25, SB 61)κ
determination of the rate of tax and all other purposes for which assessed valuation is used.
4. As soon as changes resulting from cases having less than a substantial effect on tax revenue have been certified to him by the secretary of the state board of equalization, the county tax receiver shall adjust the assessment roll or the tax statement or make a tax refund, as directed by the state board of equalization.
Sec. 4. NRS 362.010 is hereby amended to read as follows:
362.010 As used in this chapter, unless the context otherwise requires:
1. Mine [or mining location] means an excavation in the earth from which ores, coal or other mineral substances are extracted, or a subterranean natural deposit of minerals located and identified as such by the staking of a claim or other method recognized by law. The term includes a well drilled to extract minerals.
2. Mineral includes oil, gas and other hydrocarbons, but does not include sand, gravel or water, except hot water or steam in an operation extracting geothermal resources for profit.
3. Patented mine [] or mining claim means each separate, whole or fractional patented mining location, whether such whole or fractional mining location is covered by an independent patent or is included under a single patent with other mining locations.
Sec. 5. NRS 362.030 is hereby amended to read as follows:
362.030 The county assessor shall assess the surface of each patented mine and mining claim in his county [at not less than $500] for which an affidavit was not filed pursuant to NRS 362.050, 362.070 and 362.090 and return the assessment as required by law.
Sec. 6. NRS 362.040 is hereby amended to read as follows:
362.040 At the next succeeding session of the county board of equalization or of the state board of equalization, the owner of any [such] patented mine or mining claim may appear before [any such] the board, in person or by agent or attorney, and upon presentation of an affidavit that at least $100 in development work has been actually performed upon the patented mine or mining claim during the federal mining assessment work period ending within the year for which the assessment has been levied, the board shall strike from the roll the assessment against the patented mine or mining claim named in the affidavit.
Sec. 7. NRS 362.050 is hereby amended to read as follows:
362.050 1. To obtain the exemption of the surface of a patented mine or mining claim from taxation ad valorem, pursuant to section 5 of article 10 of the constitution of this state, the owner must file an affidavit on or before December 30 covering work done during the 12 months next preceding 12 a.m. on September 1 of that year. The exemption then applies to the taxes for the fiscal year beginning on July 1 following the filing of the affidavit.
2. The affidavit of labor [required by NRS 362.020 to 362.090, inclusive,] must describe particularly the work performed, upon what portion of the mine [,] or claim, and when and by whom done, and may be substantially in the following form:
κ1989 Statutes of Nevada, Page 34 (CHAPTER 25, SB 61)κ
State of Nevada }
}ss.
County of............................................................ }
..........................................., being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the ................................. patented mine [,] or mining claim, situated in the .................................. Mining District, County of .................................... State of Nevada, during the federal mining assessment work period ending within the year 19....... The work was done at the expense of ....................................., the owner (or one of the owners) of the patented mine [,] or mining claim, for the purpose of relieving [the same] it from the tax assessment. It was performed by ............................................, at about ...................... feet in a ............................... direction from the monument of location, and was done between the .............. day of ................, 19........., and the ................day of ................., 19.........., and consisted of the following work:
.......................................................................................................................................................
.............................................................................
(Signature)
Subscribed and sworn to before me
this ..................... day of ......................, 19......
....................................................................
Notary Public ( or other person authorized to
administer oaths)
Sec. 8. NRS 362.070 is hereby amended to read as follows:
362.070 The owner of two or more contiguous patented mines or mining claims may perform all the work required by section [1 of article X] 5 of article 10 of the constitution of this state upon one mine or claim only; but the aggregate amount of such work [shall] must be equal to $100 for each of [such] the contiguous patented mines [.] or claims.
Sec. 9. NRS 362.090 is hereby amended to read as follows:
362.090 A single affidavit may be filed for the labor on several patented mines or mining claims belonging to the same person of held in common ownership, provided all are located in the same county.
Sec. 10. NRS 362.095 is hereby amended to read as follows:
362.095 1. Whenever any portion of a patented mine or mining claim is used by the patentee or a successor in interest for a purpose unrelated to mining or agriculture, the portion of such patented mine or mining claim so used shall cease to be a patented mine or mining claim or part thereof and shall be taxed as other real property is taxed.
2. For the purpose of this section, a dwelling placed upon a patented mine or mining claim to be occupied by the operator of such patented mine or mining claim or his agent is not a use unrelated to mining.
3. Whenever any patented mine or mining claim is taxed as real property, such taxation shall not affect the status of contiguous patented mines [.] or mining claims.
Sec. 11. NRS 362.100 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 35 (CHAPTER 25, SB 61)κ
362.100 1. The department shall:
(a) Investigate and determine the net proceeds of all [operating mines and assess] minerals extracted and certify them as provided in NRS 362.100 to 362.240, inclusive.
(b) Appraise and assess all reduction, smelting and milling works, plants and facilities, whether or not associated with a mine, all drilling rigs, and all supplies, machinery, equipment, apparatus, facilities, buildings, structures and other improvements used in connection with any mining, drilling, reduction, smelting or milling operation as provided in chapter 361 of NRS.
2. As used in this section, net proceeds of all [operating mines] minerals extracted includes the proceeds of all:
(a) Operating mines;
(b) Operating oil and gas wells;
(c) Operations extracting geothermal resources for profit, except an operation which uses natural hot water to enhance the growth of animal or plant life; and
(d) Operations extracting minerals from natural solutions.
Sec. 12. NRS 362.105 is hereby amended to read as follows:
362.105 As used in NRS 362.100 to 362.240, inclusive, unless the context otherwise requires:
1. [Royalty payment] Royalty means a portion of the [production proceeds of a mine paid for the privilege of mining.
2. Royalty payments] proceeds from extraction of a mineral which is paid for the privilege of extracting the mineral.
2. Royalties do not include:
(a) [Rental payments] Rents or other compensatory payments which are fixed and certain in amount and payable periodically over [a fixed period] the duration of the lease regardless of the extent of [use of the mine;] extractions; or
(b) Minimum [royalty payments] royalties covering periods when [the mine is not in production, which] no mineral is extracted if the payments are fixed and certain in amount and payable on a regular periodic basis.
Sec. 13. NRS 362.110 is hereby amended to read as follows:
362.110 1. Every person [, corporation or association operating any mine] extracting any mineral in this state [containing gold, silver, copper, zinc, lead or other valuable mineral or mineral deposit, whether metallic or nonmetallic, and every recipient of royalty payments in connection with any mining operation:] or receiving any royalty:
(a) Shall, on or before February 15 of each year, except as otherwise provided in paragraph (b), file with the department a statement showing the gross yield and claimed net proceeds from each [mine owned, worked or operated] geographically separate operation where a mineral is extracted by that person [, corporation or association] during the calendar year immediately preceding the year in which the statement is filed.
(b) May have up to 30 additional days to file the statement, if beforehand he makes written application to the department and the department finds good cause for the extension.
2. The statement must:
κ1989 Statutes of Nevada, Page 36 (CHAPTER 25, SB 61)κ
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. The deductions are limited to the costs incurred during the period covered by the statement.
(b) Be in the form prescribed by the department.
(c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the [mine,] operation, or, if the owner is a natural person, by someone authorized in his behalf.
3. Each recipient of a royalty [payments] as described in subsection 1 shall annually file with the department a list showing each of the lessees responsible for taxes due in connection with the [mine or mines] operation or operations included in the statement filed pursuant to subsections 1 and 2.
Sec. 14. NRS 362.115 is hereby amended to read as follows:
362.115 [1. A mine is affected by this section only if the ratio of its net proceeds to its gross yield, calculated from the actual results of its operation for the calendar year preceding the year in which an estimated payment may be required under this section, exceeds 25 percent. This calculation must be made separately for each geographically separate mine.
2.] In addition to the statement required by subsection 1 of NRS 362.110, each person who is required to file that statement [and who owns, works or operates a mine affected by this section] shall, on or before [the date when the tax for the preceding calendar year is due,] June 15 of each year, file with the department a statement showing the estimated gross yield and estimated net proceeds from each such [mine] operation for the entire current calendar year, and shall pay the tax upon the net proceeds so estimated [with his payment of the tax payable for the preceding calendar year. The Nevada tax commission shall, in its certificate required by NRS 362.130, identify each person required by this section to file an estimate.] to the department on or before July 15 of that year. If an estimate is filed, the amount due under the final [assessment] certification pursuant to NRS 362.130 is the difference between the total tax established upon the [assessment] certification and the sum of the estimated payments made or credited, if any, for that calendar year. If the sum of the estimated payments exceeds the total tax, the taxpayer is entitled to credit the excess against the ensuing estimates or final taxes due until it is exhausted.
Sec. 15. NRS 362.120 is hereby amended to read as follows:
362.120 1. The department shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the period covered by the statement.
2. The gross yield must include the value of any [product of the mine] mineral extracted which was:
(a) Sold;
(b) Exchanged for any thing or service;
(c) Removed from the state in a form ready for use or sale; or
(d) Used in a manufacturing process or in providing a service,
during the period covered by the statement.
3. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:
(a) The actual cost of extracting the [ore from the mines.] mineral.
κ1989 Statutes of Nevada, Page 37 (CHAPTER 25, SB 61)κ
(b) The actual cost of transporting the [product of the mine] mineral to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the [product] mineral and the conversion of the [product] mineral into money.
(e) The actual cost of maintenance and repairs of:
(1) All [mine] machinery, equipment, apparatus and facilities [.] used in the mine.
(2) All milling, refining, smelting and reduction works, plants and facilities.
(3) All facilities and equipment for transportation except those that are under the jurisdiction of the public service commission of Nevada as public utilities.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.
(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All money paid as contributions under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit.
(k) All money paid as royalties by a lessee or sublessee of a mine [,] or well, or by both, [constitutes a deductible item for that lessee or sublessee] in determining the net proceeds of the lessee or sublessee or both . [; but the royalties so]
4. Royalties deducted by [the] a lessee or sublessee constitute part of the [gross yield of the mine for the purpose of determining the] net proceeds of the minerals extracted, upon which a tax must be levied against the person [, corporation, association or partnership to which] to whom the royalty has been paid.
[4.] 5. Every person [, corporation or association] acquiring property in the State of Nevada to engage in [mining] the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty [payments] to the department on forms provided by the department.
[5.] 6. The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:
κ1989 Statutes of Nevada, Page 38 (CHAPTER 25, SB 61)κ
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the facilities or equipment for transportation;
(d) Superintending the management of any of those operations; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.
Sec. 16. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines from the annual statement the net proceeds of any [mine or mines, the Nevada tax commission] minerals extracted, it shall prepare its certificate of the amount of the net proceeds [of the mine or mines in triplicate and shall file one copy of the certificate with the department, one copy with the county assessor of the county in which the mine or mines are located,] and the tax due and shall send [the third] a copy to the [person, corporation or association which is the] owner of the mine, operator of the mine, or recipient of the royalty , [payment,] as the case may be.
2. [Upon the filing of the copy of the certificate with the county assessor and with the department, the assessment must be made in the amount fixed by the certificate of the Nevada tax commission.] The certificate [of assessment must be filed] must be prepared and mailed not later than June 25 immediately following the month of February during which the statement was filed.
3. The taxes [due must be established on June 25 and the assessment must be mailed on or before the first Monday in July. Except as otherwise provided in NRS 362.115, the taxes] are due on [the date on which the first installment of taxes paid pursuant to NRS 361.483 are due. If an appeal of the certification is pending, the person assessed must pay the tax under protest in a timely manner.] the third Monday in July of that year.
Sec. 17. NRS 362.135 is hereby amended to read as follows:
362.135 1. Any person dissatisfied by any certification of the [Nevada tax commission] department may appeal from that determination to the state board of equalization. The appeal must be filed within 30 days after the certification is sent to the taxpayer.
2. Pending determination of the appeal, the person certified as owing the tax shall pay it on or before the date due, and the tax is considered to be paid under protest.
Sec. 18. NRS 362.140 is hereby amended to read as follows:
362.140 [The net proceeds of any mine shall be taxed at the same rate ad valorem as other property is taxed.]
1. Except as otherwise provided in subsections 2, 3 and 4, the rate of tax upon the net proceeds of each geographically separate extractive operation depends upon the ratio of the net proceeds to the gross proceeds of that operation as a whole, according to the following table:
Net Proceeds as Percentage Rate of Tax as Percentage
of Gross Proceeds of Net Proceeds
Less than 10 2.00
10 or more but less than 18 2.50
18 or more but less than 26 3.00 26 or more but less than 34 3.50
κ1989 Statutes of Nevada, Page 39 (CHAPTER 25, SB 61)κ
26 or more but less than 34 3.50
34 or more but less than 42 4.00
42 or more but less than 50 4.50
50 or more 5.00
2. If the combined rate of tax ad valorem which would be assessed but for the provisions of section 5 of article 10 of the constitution of this state, including any rate levied by the State of Nevada, upon property at the situs of the operation is more than 2 percent, the minimum rate of tax under this section equals that rate of tax ad valorem.
3. The rate of tax upon royalties is 5 percent.
4. The rate of tax upon the net proceeds of a geothermal operation taxable pursuant to NRS 362.100 is the combined rate of tax ad valorem applicable to the property at the situs of the operation.
Sec. 19. NRS 362.150 is hereby amended to read as follows:
362.150 Every tax levied under the authority or provisions of NRS 362.100 to 362.240, inclusive, on the proceeds of [mines,] minerals extracted is hereby made a lien on the mines [or mining claims,] from which [ores or] minerals are extracted for sale or reduction, and also on machinery, fixtures, equipment and stockpiles of the taxpayer located at the mine site or elsewhere in the [county.] state. The lien attaches on the 1st day of January of each year, for the calendar year commencing on that day and may not be removed or satisfied until the taxes are all paid, or the title to those mines [or mining claims] has vested absolutely in a purchaser under a sale for those taxes.
Sec. 20. NRS 362.160 is hereby amended to read as follows:
362.160 If the amount of [the tax] any tax or estimated payment required by NRS 362.100 to 362.240, inclusive, is not paid within 30 days after it is due , it is delinquent and must be collected as other delinquent taxes are collected by law, together with the penalties provided for the collection of delinquent taxes.
Sec. 21. NRS 362.170 is hereby amended to read as follows:
362.170 [On all moneys collected from the tax on the proceeds of mines by the several county assessors in this state, there shall be reserved and paid into the county treasury, on or before the 5th day of the month next succeeding the month in which the collections were made, for the benefit of the general fund of their respective counties, by the county assessors a percentage commission of 3 percent on the gross amount of collections from the tax on the proceeds of mines.]
1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site. The department shall report to the state controller for distribution on August 1 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year.
κ1989 Statutes of Nevada, Page 40 (CHAPTER 25, SB 61)κ
2. The county treasurer shall apportion to each local government or other local entity, the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation, including royalty payments, by the rate levied on behalf of that local government or other local entity. The amounts apportioned pursuant to this subsection, including the amount retained by the county, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
3. The department shall report to the state controller on August 1 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.
Sec. 22. NRS 362.175 is hereby amended to read as follows:
362.175 1. If at any time, in the opinion of the [county assessor,] executive director, it becomes impossible or impractical to collect any tax [assessed] certified on the proceeds of [a mine other than a patented mine, the county assessor] minerals extracted, the executive director may apply to the [board of county commissioners and the district attorney] Nevada tax commission to have the amount of [such] the tax and the name of the person against whom [such] the tax is [assessed] certified removed from the tax records of [such assessor.
2. If the board of county commissioners and the district attorney approve such application, such application shall be forwarded to the department who shall submit it to the Nevada tax commission for their approval or disapproval.] the department.
2. If the Nevada tax commission approves [such] the application, the [county assessor] department may remove [such] the name and amount from [his] its tax records.
Sec. 23. NRS 362.180 is hereby amended to read as follows:
362.180 [1.] In any suit arising concerning the [assessment] certification and taxation of the net proceeds of [mines,] minerals extracted, the burden of proof is upon the [owner of the mine, mining claim or patented mine,] taxpayer to show if he so alleges or contends that the [assessment certified by the Nevada tax commission] certification by the department is unjust, improper or otherwise invalid.
[2. Every mine owner is entitled to the benefit of the provisions of NRS 361.420 to 361.435, inclusive, insofar as they may be applicable.]
Sec. 24. NRS 362.200 is hereby amended to read as follows:
362.200 1. The department may examine the records of any person [, partnership, association or corporation] operating or receiving royalties from any [mine] extractive operation in this state. The records are subject to examination at all times by the department or its authorized agents and must remain available for examination for a period of 4 years from the date of any entry therein.
2. If any person [, partnership, association or corporation operating a mine] whose gross yield from an extractive operation as reported to the department for any annual reporting period during the 4 years immediately preceding the examination was $100,000 or more keeps his books and records pertaining to [such] that operation or royalties outside this state, the person [, partnership, association or corporation] shall pay an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which an examiner is actually engaged in examining the books, plus the actual expenses of that examiner during the time he is absent from Carson City, Nevada, for the purpose of making the examination, but the time must not exceed 1 day going to and 1 day coming from the place of examination.
κ1989 Statutes of Nevada, Page 41 (CHAPTER 25, SB 61)κ
person [, partnership, association or corporation] shall pay an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which an examiner is actually engaged in examining the books, plus the actual expenses of that examiner during the time he is absent from Carson City, Nevada, for the purpose of making the examination, but the time must not exceed 1 day going to and 1 day coming from the place of examination. No more than one examination may be charged against a person [, partnership, association or corporation] in any 1 fiscal year.
3. The department may hold hearings and summon and subpena witnesses to appear and testify upon any subject material to the determination of the net proceeds of [mines.] minerals extracted. The hearings may be held at any place the department designates, after not less than 10 days notice of the time and place of the hearing given in writing to the owner or operator of the mine. The owner or operator is entitled, on request made to the executive director, to the issuance of the departments subpena requiring witnesses in behalf of the owner or operator to appear and testify at such hearing.
4. The failure of a witness to obey the subpena of the department subjects the witness to the same penalties prescribed by law for failure to obey a subpena of a district court.
Sec. 25. NRS 362.230 is hereby amended to read as follows:
362.230 1. Every person [, association or corporation operating any mine or mines] extracting any mineral in this state, [any every recipient of royalty payments] or receiving a royalty in connection therewith, who fails to file with the department the statements provided for in NRS 362.100 to 362.240, inclusive, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, shall pay a penalty of not more than 10 percent of the amount of the tax due or $5,000, whichever is less. If any such person [, association or corporation] fails to file [such] the statement, the department may ascertain and [the Nevada tax commission] certify the net proceeds of [such mine or mines] the minerals extracted or the value of [such royalty payments] the royalty from all data and information obtainable, and the amount of the tax due [shall] must be computed on the basis of the amount due so ascertained and certified.
2. The executive director shall determine the amount of [such] the penalty. This penalty becomes a debt due the State of Nevada and, upon collection, [shall] must be deposited in the state treasury to the credit of the state general fund.
3. Any person [, association or corporation operating a mine or mines in this state or any recipient of royalty payments] extracting any mineral or receiving a royalty may appeal from the imposition of penalty and interest to the Nevada tax commission by filing a notice of appeal within 30 days after the decision of the executive director.
Sec. 26. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
κ1989 Statutes of Nevada, Page 42 (CHAPTER 25, SB 61)κ
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Political Subdivision Percent-
age
Churchill County................................................................................................... 3.23
City of North Las Vegas.................................................................................... 46.52
City of Carlin.......................................................................................................... 2.72
Esmeralda County................................................................................................... .20
Eureka County......................................................................................................... .71
City of Winnemucca............................................................................................. 5.56
City of Caliente........................................................................................................ .46
City of Yerington................................................................................................... 4.77
Mineral County...................................................................................................... 9.96
City of Gabbs......................................................................................................... 4.31
Pershing County..................................................................................................... 2.52
City of Lovelock.................................................................................................... 5.77
White Pine County................................................................................................ 5.37
City of Ely............................................................................................................... 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of [mines,] minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations.
κ1989 Statutes of Nevada, Page 43 (CHAPTER 25, SB 61)κ
fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
(c) Of a local government listed in subsection 1 of NRS 354.59873 does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
5. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
Sec. 27. NRS 269.115 is hereby amended to read as follows:
269.115 1. Except as provided in subsection 2, the boards of county commissioners shall levy a tax, not exceeding 1.5 percent per annum, upon the assessed value of all real and personal property [, including the proceeds of mines,] situated in any unincorporated town in their respective counties, made taxable by law for state and county purposes.
2. In addition to the taxes levied in accordance with the provisions of subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the unincorporated town issued pursuant to the provisions of NRS 269.400 to 269.470, inclusive.
Sec. 28. NRS 269.120 is hereby amended to read as follows:
269.120 1. Annually, at the same time of assessing or fixing the amount of taxes for county purposes, the board of county commissioners shall, subject to the restrictions of NRS 269.115, assess, fix and designate the amount of taxes that should be levied and collected for city or town purposes on all real and personal property [, including the proceeds of mines,] assessable for state or county purposes within any town or city in their county . [, which taxes shall] The taxes must be collected at the same time, in the same manner and by the same officers as provided in the revenue laws of this state for the levying and collecting of state and county taxes.
2. The revenue laws [shall,] , in every respect not inconsistent with the provisions of this chapter, [be deemed and held applicable] apply to the levying and collecting of the taxes [hereinbefore mentioned.]
κ1989 Statutes of Nevada, Page 44 (CHAPTER 25, SB 61)κ
levying and collecting of the taxes [hereinbefore mentioned.] pursuant to this section.
3. In all cases where the county commissioners, or the county assessor, or district attorney of the county, or any other officer, or any judge or justice of the peace of the county, is required or authorized by law to adopt or use any form appertaining to the assessment or collection of county taxes, he or they shall also adopt or use a similar form in relation to assessing, levying and collecting [the taxes herein provided for,] taxes pursuant to this section, and may use [the same] that form in any book, paper or document in which he or they have used the first-named form, and in filling up the blanks of the last-named form there [shall] must be inserted the name of the town or city, using the name by which it is commonly designated, or such name as will enable the inhabitants thereof to know that their town or city, as the case may be, is intended to be named in the book, paper or document.
4. All suits instituted to collect state or county taxes on real or personal property [, including the proceeds of mines,] assessed in the town or city, [shall] must include the unpaid taxes [herein authorized to be levied,] levied pursuant to this section, and judgments therein rendered [shall] must also include [such] those taxes.
Sec. 29. NRS 349.238 is hereby amended to read as follows:
349.238 1. There [shall] must be levied annually a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, [including the net proceeds of mines,] fully sufficient [,] together with the revenue which will result from application of the rate to the net proceeds of minerals, without regard to any statutory limitations now or hereafter existing, to pay the interest on the general obligation state securities and to pay and retire the [same] securities as provided in the State Securities Law and in any act supplemental hereto . [; and the] The amount of money to be raised by [such tax shall] the tax must be included in the annual estimate or budget for each county in the state for each year for which [such] the tax is hereby required to be levied. [Such tax shall] The tax must be levied and collected in the same manner and at the same time as other taxes are levied and collected.
2. The proceeds thereof levied to pay interest on [such securities shall] the securities must be kept by the state treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of [such securities shall] the securities must be kept by the treasurer in a special fund, separate and apart from all other funds . [, which] The two special funds [shall] must be used for no other purpose than the payment of the interest on the securities and the principal thereof, respectively, [as the same fall] when due.
Sec. 30. NRS 350.592 is hereby amended to read as follows:
350.592 1. There [shall] must be levied annually in due season a special tax on all property, both real and personal, subject to taxation within the boundaries of the municipality, [including the net proceeds of mines,] fully sufficient [,] together with the revenue which will result from application of the rate to the net proceeds of minerals, without regard to any statutory or charter tax limitations now or hereafter existing, to pay the interest on the general obligation municipal securities and to pay and retire the [same] securities as provided in the Local Government Securities Law and in any act supplemental hereto .
κ1989 Statutes of Nevada, Page 45 (CHAPTER 25, SB 61)κ
securities as provided in the Local Government Securities Law and in any act supplemental hereto . [; and the] The amount of money to be raised by [such tax shall] the tax must be included in the annual estimate or budget for each county within the state for each year for which [such] the tax is hereby required to be levied. [Such tax shall] The tax must be levied and collected in the same manner and at the same time as other taxes are levied and collected.
2. The proceeds thereof levied to pay interest on [such securities shall] the securities must be kept by the treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of [such securities shall] the securities must be kept by the treasurer in a special fund, separate and apart from all other funds . [, which] The two special funds [shall] must be used for no other purpose than the payment of the interest on the securities and the principal thereof, respectively, [as the same falls] when due; but, except as prevented by any contractual limitations from time to time imposed upon the municipality by proceedings appertaining to its outstanding securities, the municipality may provide for a consolidated debt service fund to pay principal of and interest on outstanding securities, [as the same falls] when due.
Sec. 31. NRS 354.220 is hereby amended to read as follows:
354.220 NRS 354.220 to 354.250, inclusive, apply in making applications for refund of money which has been paid into the county treasuries in cases where:
1. Through mistake or inadvertence, a county and school district tax for any 1 tax year has, by reason of the assessment of the same piece of property to two or more persons, been paid two or more times.
2. A remission of the assessed valuation on a patented mine or mining [claims] claim has been ordered by a board having jurisdiction of the matter because annual assessment work was performed thereon, and the remission has not been made by the proper county officers, and taxes on the full valuation have been paid under protest by the owner of the patented mining claims.
3. Where licenses or taxes have been twice paid on the same band of sheep.
4. In the opinion of the board of county commissioners, or the county treasurer in those cases in which he is authorized to make a refund, the applicant for refund has a just cause for making the application and the granting of the refund would be equitable.
Sec. 32. NRS 354.59805 is hereby amended to read as follows:
354.59805 1. Except as otherwise provided in NRS 354.59816 and 354.59873, 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] attributable to the net proceeds of [mines] minerals 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 NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
κ1989 Statutes of Nevada, Page 46 (CHAPTER 25, SB 61)κ
(a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation excluding the assessed valuation attributable to a redevelopment area or tax increment area and as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) 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.
(c) Then reducing the amount resulting from paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
2. For the purpose of calculating the applicable limits provided in this section and NRS 354.59811 and 354.59816 for a fire protection district, the county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.
Sec. 33. NRS 354.59811 is hereby amended to read as follows:
354.59811 For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of [mines] minerals and the assessed valuation attributable to a redevelopment area or tax increment area, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of [mines] minerals but including new real property, possessory interests and mobile homes, for the current fiscal year.
Sec. 34. NRS 354.59816 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 47 (CHAPTER 25, SB 61)κ
354.59816 1. For the fiscal years beginning on and after July 1, 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including the assessed valuation of property on the central assessment roll allocated to the local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of [mines,] minerals, is added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government, including the assessed valuation of property added to the central assessment roll in the past year and allocable to the local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation, including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of [mines,] minerals, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
2. If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.
3. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
Sec. 35. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the respective limits imposed by NRS 354.59805, 354.59811 and 354.59816 upon combined amounts received and upon calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
2. To the maximum combined revenue otherwise allowable under NRS 354.59805, 354.59811 and 354.59816 to a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
κ1989 Statutes of Nevada, Page 48 (CHAPTER 25, SB 61)κ
legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
3. If a county takes over the functions previously performed by a local government other than a city which no longer exists, the executive director of the department of taxation shall add to the maximum allowable revenue from taxes ad valorem, the maximum combined allowable revenue and the basic ad valorem revenue, respectively, otherwise allowable to that county pursuant to NRS 354.59805, 354.59811, 354.59816 and 377.057, an amount equal to the maximum allowable revenue from taxes ad valorem, the maximum combined allowable revenue and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed.
4. Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received from taxes ad valorem, excluding revenue attributable to the net proceeds of [mines] minerals and delinquent payments of taxes, in excess of the maximum allowable combined revenue must not be expended during the fiscal year in which collected, and must be subtracted from the result obtained under subsection 2 of NRS 354.59805 to reduce the maximum amount of revenue which may be derived from taxes ad valorem in the next fiscal year for which the tax rates are certified. On or before January 1 of each year, each county treasurer shall submit a report of the excess ad valorem receipts for the prior year to the department of taxation, in the manner prescribed by the department. The executive director of the department of taxation shall withhold all revenue from the supplemental city-county relief tax otherwise payable to the county until an accurate and complete report is submitted.
5. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
Sec. 36. NRS 380.130 is hereby amended to read as follows:
380.130 1. Whenever it [shall appear] appears to the board of county commissioners of any county having a law library that for any reason any debt incurred in the purchase and establishment of [such] the library has not been fully paid or materially reduced with the [funds] money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding, the board of county commissioners may, at the next annual tax levy, levy a special tax upon all taxable property within the county, both real and personal [, including the net proceeds of mines,] sufficient , together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise a sum which will discharge any such indebtedness, but no more. [Such sum shall] The money must be placed in the law library fund in the county treasury and [shall] must be used for the payment of [such] the indebtedness and for no other purpose.
2. In lieu of the levy of a special tax as provided in subsection 1, the board of county commissioners of any county having a law library may, in the discretion of [such] the board of county commissioners, transfer from the general funds of the county to the law library fund a sufficient sum of money to pay any debts incurred in the purchase and establishment and maintenance of [such] the library, which has not been fully paid or materially reduced with the [funds] money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.
κ1989 Statutes of Nevada, Page 49 (CHAPTER 25, SB 61)κ
the [funds] money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.
Sec. 37. NRS 450.660 is hereby amended to read as follows:
450.660 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy a tax sufficient , together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise the amount so budgeted upon all property, both real and personal, subject to taxation within the boundaries of the district . [, including the net proceeds of mines.] Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized [herein shall] in this section must be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. When levied, the tax [shall] must be entered upon the assessment rolls and collected in the same manner as state and county taxes.
3. When the tax is collected it [shall] must be placed in the treasury of the county to the credit of the current expense fund of the district, and [shall] must be used only for the purpose for which it was raised.
Sec. 38. NRS 474.200 is hereby amended to read as follows:
474.200 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified upon all property, both real and personal, subject to taxation within the boundaries of the district . [, including the net proceeds of mines.] Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized in this section must be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. When levied, the tax must be entered upon the assessment rolls and collected in the same manner as state and county taxes.
3. When the tax is collected it must be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and may be used only for the purpose for which it was raised.
Sec. 39. NRS 474.510 is hereby amended to read as follows:
474.510 1. The board of fire commissioners shall prepare a budget for each district organized in accordance with NRS 474.460, estimating the amount of money which will be needed to defray the expenses of the district, and to meet unforeseen fire emergencies and determine the amount of a fire protection tax sufficient , together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.
2. At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1, upon all property, both real and personal, subject to taxation within the boundaries of the district . [, including the net proceeds of mines.] Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized in this section [shall] must be based upon valuations established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
κ1989 Statutes of Nevada, Page 50 (CHAPTER 25, SB 61)κ
3. The amount of tax to be collected for the purposes of this section [shall] must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 2 [.] and any net proceeds of minerals derived from within the boundaries of the district.
4. If levied, the tax [shall] must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four equal installments at the times specified in NRS 361.483 and the same penalties as specified in NRS 361.483 [shall] must be added for failure to pay [such] the taxes.
5. For the purposes of NRS 474.460 to 474.550, inclusive, the county treasurer shall keep two separate funds for each [such] district, one to be known as the district fire protection operating fund and one to be known as the district fire emergency fund. The sums collected to defray the expenses of any district organized pursuant to NRS 474.460 [shall] must be deposited in the district fire protection operating fund, and the sums collected to meet unforeseen emergencies [shall] must be deposited in the district fire emergency fund. The district fire emergency fund [shall] must be used solely for emergencies and [shall] must not be used for regular operating expenses and [shall] must not exceed the sum of $50,000.
Sec. 40. NRS 517.213 is hereby amended to read as follows:
517.213 1. The county recorder shall include all patented mines and mining claims in the county on the county map of mining claims in a manner which clearly distinguishes the patented mines and mining claims from the unpatented claims.
2. When a record of survey filed with the county by a registered surveyor shows the location of a patented mine or mining claim, the county recorder shall conform the county map to the record of survey if there is any discrepancy between the two maps concerning the location of the mine or claim.
Sec. 41. NRS 517.390 is hereby amended to read as follows:
517.390 1. Whenever a patented mine or mining claim has become the property of a county through operation of the revenue laws of this state, any citizen of the United States may file with the board of county commissioners of such county an affidavit and petition to explore and develop the mine or claim, provided the mine or claim has been the property of the county for less than 1 year, at the time of such filing.
2. The affidavit and petition shall state:
(a) That the petitioner is a citizen of the United States.
(b) That there is belonging to the county, as shown by the official records thereof, a patented mine or mining claim , [or claims,] sufficiently identifying [the same,] it, which has [or have] become the property of the county through operation of the revenue laws of this state.
(c) The amount of the tax, penalties and costs, if any, for which the mine or claim [or claims] became the property of the county.
(d) That it is the petitioners bona fide intention to explore and develop the mine or claim . [or claims.]
Sec. 42. NRS 517.400 is hereby amended to read as follows:
517.400 After March 7, 1947, the amount or sum for which a patented mine or mining claim became the property of the county is hereby defined to mean 1 years taxes, plus penalties and costs.
κ1989 Statutes of Nevada, Page 51 (CHAPTER 25, SB 61)κ
Sec. 43. NRS 517.420 is hereby amended to read as follows:
517.420 1. At the expiration of 6 months, or sooner if the petitioner so desires, the county treasurer shall make and execute a deed conveying the title of the county to such mine or claim [or claims] to the petitioner for the sum for which the property became the property of the county.
2. [No deed shall] A deed shall not be executed for any less number of mines or claims than the number named in the 6 months prospecting permit referred to in NRS 517.410.
3. All [moneys] money received from the sale of such patented mines or mining claims [shall] must be credited to the countys general fund.
Sec. 44. NRS 517.450 is hereby amended to read as follows:
517.450 1. Whenever a patented mine or mining claim has been, for a year or more, the property of a county through operation of the revenue laws of this state and no prospecting permit granted under the provisions of NRS 517.410 or 517.430 is in force with respect to [such] the mine or claim, any citizen of the United States may file with the board of county commissioners of [such] the county an affidavit and petition to have [such] the mine or claim advertised for sale to the highest bidder.
2. The affidavit and petition [shall] must state:
(a) That the petitioner is a citizen of the United States.
(b) That for the past year or more there has belonged to the county, as shown by the official records thereof, a patented mine or mining claim , [or claims,] sufficiently identifying [the same,] it, which has [or have] become the property of the county through operation of the revenue laws of this state.
(c) That no prospecting permit granted under the provisions of NRS 517.410 or 517.430 is in force with respect to [such claim or claims.] the mine or claim.
(d) The amount of the tax, penalties and costs, if any, for which the mine or claim [or claims] became the property of the county.
Sec. 45. NRS 517.460 is hereby amended to read as follows:
517.460 1. Upon receipt of an affidavit and petition as required by NRS 517.450, the board of county commissioners, by an order appearing in its minutes, shall direct the county treasurer to sell the patented mine or mining claim [or claims] described in the affidavit and petition, after giving notice of the sale, for a total amount not less that the amount of the taxes, costs, penalties and interest legally chargeable against [such claim or claims] the mine or claim so stated in the order.
2. Notice of [such sale shall] the sale must be posted in at least three public places, including one at the courthouse and one at each claim, for a period of not less than 20 days [prior to] before the day of sale or, in lieu of such posting, by publication of such notice for a like period [of time] in some newspaper published within the county, if the board of county commissioners by its order so directs.
3. Upon compliance with [such] the order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him of a consideration not less than that specified in the order, a deed conveying the title of the county to [such claim or claims.] the mine or claim.
4. All moneys received from the sale of such patented mines or mining claims [shall] must be credited to the countys general fund.
κ1989 Statutes of Nevada, Page 52 (CHAPTER 25, SB 61)κ
Sec. 46. NRS 362.020, 362.210 and 362.220 are hereby repealed.
Sec. 47. This act becomes effective only if Senate Joint Resolution No. 22 of the 64th session is approved by this session and ratified by the people. If ratification takes place:
1. At a special election, this act becomes effective immediately upon declaration of the results of the election by the justices of the supreme court and the rates of tax provided in this act apply for the taxes and estimated payments required by NRS 362.100 to 362.240, inclusive, as amended by this act, for the calendar year 1989.
2. At the general election in 1990, this act becomes effective on January 1, 1991.
________
Senate Bill No. 58Committee on Commerce and Labor
CHAPTER 26
AN ACT relating to dentistry; expanding the voting authority of dental hygienists on matters before the board of dental examiners; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 631.130 is hereby amended to read as follows:
631.130 1. The governor shall appoint:
(a) Seven members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.
(b) Two members who:
(1) Are graduates of accredited schools or colleges of dental hygiene;
(2) Are residents of Nevada; and
(3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the board.
(c) One member who is a representative of the general public.
2. The members who are dental hygienists may [participate only] vote on all matters except matters relating to the discipline of dentists. The members who are dental hygienists may not participate in examinations for the licensing of [dental hygienists and vote only on matters relating to the practice of dental hygiene.] dentists.
3. The member who is a representative of the general public must not participate in grading any examination required by the board.
________
κ1989 Statutes of Nevada, Page 53κ
Assembly Bill No. 27Assemblymen Adler, Myrna Williams, Nevin, Schofield, Garner, Wendell Williams, Sheerin, Carpenter, Humke, Chowning, Callister, Thompson, Diamond, Evans, Banner, Fay, Gibbons, Brookman, Bogaert, Spinello, Dini, Price, Bergevin, Kissam, Lambert, Arberry, McGinness and Triggs
CHAPTER 27
AN ACT relating to financial administration of local governments; increasing the authorized duration of short-term financing from 5 years to 10 years; limiting the term of short-term financing under certain circumstances; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.440 is hereby amended to read as follows:
354.440 1. Whenever the governing body of any local government is authorized to enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.
2. Except as provided in subsection 5 of NRS 496.155, the negotiable notes or bonds:
(a) Must mature not later than [5] 10 years after the date of issuance.
(b) Must bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
(c) May, at the option of the local government, contain a provision which allows redemption of the notes or bonds before maturity, upon such terms as the governing body determines.
3. If the maximum term of the financing is more than 5 years, the term may not exceed the estimated useful life of the asset to be purchased with the proceeds from the financing.
Sec. 2. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance may lend any available money in the state treasury, other than that in the state permanent school fund and the state insurance fund, to local governments situated within the boundaries of the State of Nevada. Such loans must be made only to local governments which have observed the regulations and followed the procedure for obtaining short-term financing set forth in chapter 354 of NRS. Such loans must be made for a period of not longer than [5] 10 years and must bear interest at a rate which does not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
2. In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
Sec. 3. NRS 350.516 is hereby amended to read as follows:
350.516 Cost of any project, or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including without limitation:
κ1989 Statutes of Nevada, Page 54 (CHAPTER 27, AB 27)κ
interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the municipality from [funds] money available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;
9. The costs of funding any short-term financing, construction loans and other temporary loans of not exceeding [5] 10 years appertaining to a project and of the incidental expenses incurred in connection with such loans;
10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;
11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and
12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.
Sec. 4. NRS 350.572 is hereby amended to read as follows:
350.572 The municipality may issue, in one series or more, without the municipal securities being authorized at any election in the absence of an expressed provision to the contrary in the act authorizing the project and the issuance of municipal securities therefor or in any act supplemental thereto, in anticipation of taxes or pledged revenues, or both, and constituting either general obligations or special obligations of the municipality, any one or more or all of the following types of municipal securities:
κ1989 Statutes of Nevada, Page 55 (CHAPTER 27, AB 27)κ
general obligations or special obligations of the municipality, any one or more or all of the following types of municipal securities:
1. Notes, evidencing any amount borrowed by the municipality;
2. Warrants, evidencing the amount due to any person for any services or supplies, equipment or other materials furnished to or for the benefit of the municipality and appertaining to a project;
3. Bonds, evidencing any amount borrowed by the municipality and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in like principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and
5. Interim debentures, evidencing any short-term financing, construction loans, and other temporary loans of not exceeding [5] 10 years, in supplementation of long-term financing and the issuance of bonds, as provided in NRS 350.672 to 350.682, inclusive.
Sec. 5. NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires:
1. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, authorized by this chapter.
2. Board means the board of county commissioners.
3. City means an incorporated city.
4. Commission means the regional transportation commission.
5. Cost of the project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding [5] 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
κ1989 Statutes of Nevada, Page 56 (CHAPTER 27, AB 27)κ
the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
6. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.
7. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, authorized by this chapter. The term does not include renovation, reconditioning, patching, general maintenance or other minor repair.
8. Project means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.
9. Town means an unincorporated town.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 109Committee on Elections
CHAPTER 28
AN ACT relating to elections; revising the filing fees for certain candidates for district office; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashiers check or certified check.
United States Senator................................................................................... $250
Representative in Congress.......................................................................... 150
Governor......................................................................................................... 150 Justice of the supreme court................................................ 150
κ1989 Statutes of Nevada, Page 57 (CHAPTER 28, AB 109)κ
Justice of the supreme court........................................................................ 150
Any state office, other than governor or justice of the supreme court 100
[Any district office for which the compensation is more than $25 per month] District judge ................................................................................... 75
[Any district office for which the compensation is $25 or less per month 15]
Any county office [other than a trustee of a school district, hospital or hospital district] ............................................................................................... 40
State senator................................................................................................... 30
Assemblyman................................................................................................ 15
[Trustee of a county school district, hospital or hospital district] Any district office other than district judge ................................................................ 15
Justice of the peace, constable or other town or township office......... 10
For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.
2. No filling fee may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
________
Assembly Bill No. 199Committee on Government Affairs
CHAPTER 29
AN ACT relating to administrative regulations; establishing an earlier deadline for the submission of proposed regulations to the legislative counsel before a legislative session; extending the period for adopting temporary regulations during a legislative session; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.063 is hereby amended to read as follows:
233B.063 1. At or before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation an agency shall deliver to the legislative counsel a copy of the proposed regulation or amendment or an identification of the regulation to be repealed. The legislative counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is submitted to him between [November] August 1 of an even-numbered year and June [1] 15 of the succeeding odd-numbered year, the legislative counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him.
κ1989 Statutes of Nevada, Page 58 (CHAPTER 29, AB 199)κ
odd-numbered year, the legislative counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the legislative counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted during the [November 1-June 1] August 1-June 15 period mentioned in subsection 2, the legislative counsel shall return it with any appropriate revisions within 30 days.
3. An agency may adopt a temporary regulation between [December] September 1 of an even-numbered year and June [1] 15 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on [August] September 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a permanent regulation between [December] September 1 of an even-numbered year and June [1] 15 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.
________
Assembly Bill No. 211Committee on Government Affairs
CHAPTER 30
AN ACT relating to boards of county commissioners; allowing a board to meet outside of the county with another governing body or as a committee of the whole; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.085 is hereby amended to read as follows:
244.085 1. Except as provided in [subsections 2, 3, 4 and 5,] this section, the meetings of the boards of county commissioners [shall] must be held at the county seats of their respective counties, or at a place not more than 10 miles from the county seat within the boundaries of the county, at least once in each calendar month, on a day or days to be fixed by ordinance.
2. If the day fixed by ordinance falls on a Saturday or on [any] a nonjudicial day, the meeting must be held on the next judicial day.
3. The first meeting of the board in odd-numbered years must be held on the [1st] first Monday in January, but if the [1st] first Monday in January is a nonjudicial day, the meeting must be held on the next judicial day.
4. The meeting day and place as fixed by ordinance must remain unchanged, unless notice of a proposed change is published once a week for 3 consecutive weeks in a newspaper of general circulation in the county.
5. The board may meet with the governing body of any other governmental unit at any location , [within the county,] but the meeting may not be held at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting.
κ1989 Statutes of Nevada, Page 59 (CHAPTER 30, AB 211)κ
at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting.
6. When the board of county commissioners resolves itself into a committee of the whole, the committee of the whole may meet for informational purposes at any place [within the county] to discuss only matters of general interest to the particular area. The committee of the whole cannot take any final action and its power is limited to recommendations to the board of county commissioners.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 41Committee on Human Resources and Facilities
CHAPTER 31
AN ACT relating to medical laboratories; expanding the authority of a medical laboratory to conduct certain examinations; requiring the laboratory report to contain under certain circumstances a recommendation that the results be interpreted by a licensed provider of health care; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 652.190 is hereby amended to read as follows:
652.190 1. A laboratory [shall] may examine specimens only at the request of [a] :
(a) A licensed physician [or other] ;
(b) Any other person authorized by law to use the findings of laboratory tests and examinations in his practice [and] ; or
(c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.
2. The laboratory shall report the results of [tests] the examination only to [such persons or their authorized representative.] the person requesting the test or procedure. The laboratory report [shall] must contain the name of the laboratory and of the laboratory director.
[2.] 3. If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of [such] the other laboratory and its director [shall] must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.
4. Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.
κ1989 Statutes of Nevada, Page 60 (CHAPTER 31, SB 41)κ
the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.
________
Senate Bill No. 70Senator Horn (by request)
CHAPTER 32
AN ACT relating to human transplants; providing a supplier of any tissue or organ used for transplantation with limited immunity from liability for the transmission of any infectious disease associated with the transplantation; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 460.010 is hereby amended to read as follows:
460.010 The procurement, processing, distribution or use of [whole] any:
1. Whole human blood, plasma, blood [products and blood derivatives] product or blood derivative for the purpose of injection or transfusion ; or
2. Tissue or organ for the purpose of transplantation,
into the human body constitutes, as to the transmission of infectious disease, the rendition of a service and not a sale by every person participating therein, and no implied warranty of merchantability or fitness, nor any doctrine of liability other than negligence or willful misconduct, applies to [such] the service.
________
Senate Bill No. 23Committee on Judiciary
CHAPTER 33
AN ACT relating to juvenile courts; prohibiting the termination of employment of a person who appears in juvenile court with a child; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for an employer or his agent to:
(a) Terminate the employment of a person who, as the parent, guardian or custodian of a child, appears with or on behalf of the child in any court, as a consequence of his appearance or prospective appearance in court; or
κ1989 Statutes of Nevada, Page 61 (CHAPTER 33, SB 23)κ
(b) Assert to the person that his appearance or prospective appearance with or on behalf of the child will result in the termination of his employment, if the employer or his agent receives notice of the appearance.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorneys fees fixed by the court.
4. For the purposes of this section, notice is given:
(a) In the case of a detention hearing, when the parent, guardian or custodian gives the employer or his agent oral notice in advance of the hearing, and immediately upon return to employment, provides the employer with a certificate of attendance.
(b) In the case of any hearing after the initial detention hearing, when the parent, guardian or custodian gives the employer or his agent, in advance of the hearing, the employers copy of the written notice of hearing.
Sec. 2. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of this parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order.
3. Except as provided otherwise in this section a child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime, except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein.
κ1989 Statutes of Nevada, Page 62 (CHAPTER 33, SB 23)κ
Whenever it is possible to do so, special efforts must be made to keep children who are in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained must, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after the child submits an application, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
5. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of section 1 of this act. The certificate of attendance must not set forth the name of the child or the offense alleged.
6. The officer in charge of any facility for the detention of juveniles may by written order direct the transfer to the county jail of a child placed in the facility. The child must not be detained in the county jail for more than 24 hours unless a district judge orders him detained for a longer period. This order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection must, where possible, be placed in a cell separate from adults.
[6.] 7. During the pendency of a criminal or quasi-criminal charge of murder or attempted murder, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.
Sec. 3. NRS 62.193 is hereby amended to read as follows:
62.193 1. Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. The general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge, or, in case of a reference, as ordered by the referee.
2. The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employers copy of the notice must set forth the date and time of the hearing and the provisions of section 1 of this act. The employers copy of the notice must not set forth the name of the child or the offense alleged.
3. The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.
[3.] 4. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care theretofore ordered in the proceedings, unless otherwise ordered by the court.
κ1989 Statutes of Nevada, Page 63 (CHAPTER 33, SB 23)κ
finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care theretofore ordered in the proceedings, unless otherwise ordered by the court.
[4.] 5. If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection, proceed immediately to make a proper disposition of the case.
[5.] 6. In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.
[6.] 7. On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.
[7.] 8. If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately or at a postponed hearing, to make proper disposition of the case.
[8.] 9. The district attorney may disclose to the victim of an act committed by a child the disposition of the childs case regarding that act. The victim shall not disclose to any other person the information so disclosed by the district attorney.
________
Senate Bill No. 11Senators Smith, Coffin, Joerg, Getto, Beyer, ODonnell and Vergiels
CHAPTER 34
AN ACT relating to the dissolution of marriage; repealing the provision that permits the former spouse of a member of the Armed Forces to bring an action for the partition of military retirement benefits; and providing other matters properly relating thereto.
[Approved March 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.161 is hereby repealed.
Sec. 2. 1. Except as otherwise provided in subsection 2, the provisions of section 1 of this act:
(a) Terminate the jurisdiction of the district court over any action brought pursuant to NRS 125.161 that is pending on the effective date of this act.
κ1989 Statutes of Nevada, Page 64 (CHAPTER 34, SB 11)κ
(b) Do not impair or destroy any right or obligation arising from any:
(1) Agreement for the settlement of such an action that is entered into before the effective date of this act, unless the agreement otherwise provides;
(2) Judgment entered in accordance with such an agreement, whether or not the judgment is a final judgment, unless the agreement incorporated in the judgment otherwise provides; or
(3) Other judgment entered in such an action, if the judgment is a final judgment.
2. Notwithstanding the provisions of paragraph (a) of subsection 1, if an agreement for the settlement of an action brought pursuant to NRS 125.161 is entered into before the effective date of this act, the district court retains jurisdiction to:
(a) Enter a judgment in accordance with the agreement; and
(b) Provide for the enforcement of the judgment in any manner otherwise provided by law,
on or after the effective date of this act.
3. As used in this section, final judgment means any order or judgment that is subject to appeal but which, as of the effective date of this act:
(a) Has not been appealed within the time allowed by Rule 4(a) of Nevada Rules of Appellate Procedure, if that time has expired; or
(b) Has been appealed and affirmed on appeal.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 70Assemblymen Myrna Williams, Wisdom, Sedway, Spinello, Lambert, Diamond, Freeman, Triggs, Adler, Gaston, Evans, Sader, Brookman and Chowning
CHAPTER 35
AN ACT relating to domestic violence; requiring peace officers to provide certain information to suspected victims; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When investigating an act of domestic violence, a peace officer shall:
(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
(1) My name is officer ...................................... (naming the investigating officer). Nevada law requires me to inform you of the following information.
κ1989 Statutes of Nevada, Page 65 (CHAPTER 35, AB 70)κ
(2) If I have probable cause to believe that an act of domestic violence has been committed against you in the last 4 hours I am required, unless mitigating circumstances exist, to arrest immediately the person suspected of committing the act.
(3) If I am unable to arrest the person suspected of committing the act of domestic violence against you, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the act of domestic violence against you may be placed on probation, ordered to see a counselor, put in jail or fined.
(4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.
(5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your children;
(V) Stay away from any place you or your children regularly go; and
(VI) Avoid or limit all communication with you or your children.
(6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:
(I) The rent or mortgage due on the place in which you live;
(II) The amount of money necessary for the support of your children; and
(III) Part or all of the costs incurred by you in obtaining the order for protection.
(7) To get an order for protection, go to room number ................ (state the room number of the office of the court) at the court, which is located at ................................... (state the address of the court). Ask the clerk of the court to provide you with forms for an order of protection.
(8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested.
(9) At times when the courts are closed, you may obtain emergency assistance or shelter by contacting your local program against domestic violence at ............................ (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at .................................. (state toll-free telephone number of statewide program).
2. As used in this section, act of domestic violence means any of the following acts committed by a person against another to whom he is related by blood or marriage, with whom he is or was actually residing or with whom he has a child in common, or upon his minor child or a minor child of that person:
(a) A battery.
κ1989 Statutes of Nevada, Page 66 (CHAPTER 35, AB 70)κ
(b) An assault.
(c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct to harass the other.
(f) False imprisonment.
(g) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
3. The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.
________
Assembly Bill No. 54Assemblymen Humke, Gaston, Gibbons, Bogaert, Swain, Evans, Sader, Lambert, Nevin and Kerns
CHAPTER 36
AN ACT relating to juvenile courts; extending certain provisions concerning the operation of juvenile courts in large counties to other counties; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.100 is hereby amended to read as follows:
62.100 1. The judge or judges of the court in each judicial district which does not include a county [having a population of 250,000] whose population is 100,000 or more shall, when facilities for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children have been established within that district, and may at any other time in their discretion, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee. Of the members first appointed, one must be appointed for a term of 1 year, two for terms of 2 years, and two for terms of 3 years.
κ1989 Statutes of Nevada, Page 67 (CHAPTER 36, AB 54)κ
3 years. Thereafter, all appointments must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee are the following:
(a) The paramount duty of the probation committee is to advise the court, at its request.
(b) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children established by boards of county commissioners.
(c) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary, and [must thereafter] shall report its findings, conclusions and recommendations to the judge or judges.
(d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports must be submitted to the court and filed as public documents with the clerk of the court.
(e) The judge or judges shall, with the advice of the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county.
(f) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the judge or judges.
(g) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 2. NRS 62.105 is hereby amended to read as follows:
62.105 1. The judge or judges of the court in each district which includes a county [having a population of 250,000] whose population is 100,000 or more shall, by an order entered in the minutes of the court, appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee.
κ1989 Statutes of Nevada, Page 68 (CHAPTER 36, AB 54)κ
which must be entered in the records, faithfully to perform the duties of a member of the committee. Of the members first appointed, one must be appointed for a term of 1 year, two for terms of 2 years, and two for terms of 3 years. Thereafter, all appointments must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges. Any member who is absent from three consecutive meetings of the committee without the permission of the chairman forfeits his office and the vacancy must be filled as provided in this subsection.
2. The duties of the probation committee are the following:
(a) The paramount duty of the probation committee is to advise the court, at its request.
(b) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children established by boards of county commissioners.
(c) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary, and [must] shall report its findings, conclusions and recommendations to the director of juvenile services.
(d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports must be submitted to the court and filed as public documents with the clerk of the court.
(e) The director shall, with the advice of the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county.
(f) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county.
(g) The probation committee shall act as a hearing board pursuant to the provisions of subsection 2 of NRS 62.117.
Sec. 3. NRS 62.110 is hereby amended to read as follows:
62.110 1. The judge or judges of each judicial district which does not include a county [having a population of 250,000] whose population is 100,000 or more shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home. If more than one probation officer is appointed, one of them [shall] must be designated as chief probation officer.
κ1989 Statutes of Nevada, Page 69 (CHAPTER 36, AB 54)κ
of them [shall] must be designated as chief probation officer. All probation officers and detention personnel must be appointed from lists of eligible persons established through competitive examinations. Probation officers and employees may be removed, discharged or reduced in position only after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the judge in answer thereto.
2. Whenever the judge serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers must be allocated between the counties by the judge.
3. The salaries of the probation officers, detention home personnel and other employees must be fixed by the judge with the advice of the probation committee and consent of the board or boards of county commissioners.
Sec. 4. NRS 62.117 is hereby amended to read as follows:
62.117 In each judicial district which includes a county [having a population of 250,000] whose population is 100,000 or more any probation officer or employee of the probation department, any detention home or other commitment facility administered or financed by the county, appointed under the provisions of NRS 62.115, who has been employed in that capacity for 12 months or more and is dismissed from that employment may:
1. Within 15 days [of] after his dismissal, request a written statement from the director of juvenile services specifically setting forth the reasons for the dismissal . [; and within] Within 15 days [of] after the date of the request he [shall] must be furnished that written statement.
2. Within 30 days after receipt of the written statement, request, in writing, a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of the hearings.
3. Appeal the decision of the probation committee to the board or boards of county commissioners.
Sec. 5. NRS 62.120 is hereby amended to read as follows:
62.120 1. In counties whose population is less than [250,000] 100,000, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the judge and others entitled under this chapter to receive that information, unless otherwise ordered by the judge.
2. Probation officers and assistant probation officers have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. Every effort must be made by a county to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
Sec 6. NRS 62.123 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 70 (CHAPTER 36, AB 54)κ
62.123 1. The judge or judges of each judicial district which includes a county [having a population of 250,000] whose population is 100,000 or more shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of human resources, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services may also be responsible for carrying out preventative programs relating to juvenile delinquency. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. The director of juvenile services must be appointed by the judge of the juvenile division from a list of candidates recommended by the probation committee.
3. The director of juvenile services shall serve at the pleasure of the court and [be] is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of juvenile services is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the judge of the juvenile division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.
5. The salary of the director of juvenile services must be fixed by the judge of the juvenile division, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.
Sec. 7. Sec. 5 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 91Assemblymen Humke, Gaston, Spinello, Sader, Arberry, Marvel, Evans, Sedway, Swain, DuBois, Wendell Williams, Lambert and Gibbons
CHAPTER 37
AN ACT relating to truancy; authorizing the delivery of a truant to an agency providing family counseling; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.160 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 71 (CHAPTER 37, AB 91)κ
392.160 1. Any peace officer, the attendance officer, or any other school officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,
who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. Except as otherwise provided in subsection 3:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the childs school of attendance.
(b) After school hours, he shall deliver the child to the parent, guardian or other person having control or charge of the child.
3. The board of trustees of a school district may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, counseling agency means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
________
Assembly Bill No. 238Committee on Judiciary
CHAPTER 38
AN ACT relating to crimes against property; providing that the felonious use of an automatic teller card is an exception to the general provisions governing grand larceny; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.220 is hereby amended to read as follows:
205.220 Except as otherwise provided in NRS 205.225 [,] and 205.237, every person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of $100 or more, or the motor vehicle of another regardless of its value, is guilty of grand larceny, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and by a fine of not more than $10,000.
________
κ1989 Statutes of Nevada, Page 72κ
Assembly Bill No. 249Committee on Judiciary
CHAPTER 39
AN ACT relating to civil liability; clarifying the scope of the exemption from the elimination of joint and several liability for the concerted acts of defendants; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.141 is hereby amended to read as follows:
41.141 1. In any action to recover damages for death of injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.
2. In those cases, the judge shall instruct the jury that:
(a) The plaintiff may not recover if his comparative negligence or that of his decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants.
(b) If the jury determines the plaintiff is entitled to recover, it shall return:
(1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to his comparative negligence; and
(2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action.
3. If a defendant in such an action settles with the plaintiff before the entry of judgment, the comparative negligence of that defendant and the amount of the settlement must not thereafter be admitted into evidence nor considered by the jury. The judge shall deduct the amount of the settlement from the net sum otherwise recoverable by the plaintiff pursuant to the general and special verdicts.
4. Where recovery is allowed against more than one defendant in such an action, except as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to him.
5. This section does not affect the joint and several liability, if any, of the defendants in an action based upon:
(a) Strict liability;
(b) An intentional tort;
(c) The emission, disposal or spillage of a toxic or hazardous substance;
(d) The concerted acts of the defendants; or
(e) An injury to any person or property resulting from a product which is manufactured, distributed, sold or used in this state.
6. As used in this section:
(a) Concerted acts of the defendants does not include negligent acts committed by providers of health care while working together to provide treatment to a patient.
κ1989 Statutes of Nevada, Page 73 (CHAPTER 39, AB 249)κ
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
________
Assembly Bill No. 90Assemblymen Humke, Gaston, Spinello, Arberry, Marvel, Evans, Sedway, Swain, DuBois, Wendell Williams, Lambert and Gibbons
CHAPTER 40
AN ACT relating to pupils; prohibiting the board of trustees of a county school district from authorizing the expulsion, suspension or removal of a pupil from the public school system for truancy; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.467 is hereby amended to read as follows:
392.467 1. [The] Except as otherwise provided in subsection 4, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.
2. No pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted under this section. Such hearings must be closed to the public.
4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
________
κ1989 Statutes of Nevada, Page 74κ
Assembly Bill No. 193Committee on Ways and Means
CHAPTER 41
AN ACT making an appropriation to the state board of examiners for the stale claims account and the statutory contingency fund; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state board of examiners the sum of $1,844,862 to be allocated as follows:
1. To the stale claims account created pursuant to NRS 353.097 the sum of $894,390 to restore and increase the balance of the fund to $900,000.
2. To the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $950,472 to restore the balance of the fund to $1,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 191Committee on Ways and Means
CHAPTER 42
AN ACT relating to governmental finances; authorizing the use of money in the emergency fund for emergency repairs of state buildings; making an appropriation; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.263 is hereby amended to read as follows:
353.263 1. As used in this section emergency means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or the imminent danger thereof. The term includes damage to or disintegration of a building owned by this state or of the mechanical or electrical system of such a building when immediate repairs are necessary to maintain the integrity of the structure or its mechanical or electrical system.
2. The emergency fund is hereby created as a trust fund. Money for the fund must be provided by direct legislative appropriation.
3. When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the board may authorize the expenditure of not more than $50,000 from the emergency fund to meet the emergency.
4. The chief shall enumerate expenditures from the fund made in the preceding biennium in each executive budget report.
κ1989 Statutes of Nevada, Page 75 (CHAPTER 42, AB 191)κ
Sec. 2. There is hereby appropriated from the state general fund to the state board of examiners for the emergency fund created pursuant to NRS 353.263 the sum of $201,249 to restore the funds balance and increase the fund to $400,000.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 266Assemblyman Thompson
CHAPTER 43
AN ACT relating to county fire departments; authorizing boards of county commissioners to create districts for county fire departments; and providing other matters properly relating thereto.
[Approved March 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.2961 is hereby amended to read as follows:
244.2961 The board of county commissioners may [:] by ordinance create a district for a fire department. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:
1. Organize, regulate and maintain [a] the fire department.
2. Appoint and prescribe the duties of the fire chief.
3. Designate arson investigators as peace officers.
4. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept.
5. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
6. Include the budget of the district in the budget of the county.
Sec. 2. NRS 244.2963 is hereby amended to read as follows:
244.2963 If the board of county commissioners establishes a district for a fire department, [that] the department:
1. Assumes all rights, duties, liabilities and obligations of any fire department in any unincorporated town in the county which is subject to the provisions of NRS 269.500 to 269.625, inclusive.
2. Assumes all rights, duties, liabilities and obligations of any county fire protection district only upon dissolution of the district as provided in chapter 474 of NRS.
Sec. 3. NRS 244.2965 is hereby amended to read as follows:
244.2965 1. Subject to the limitations contained in subsection 2, a board of county commissioners which establishes a district for a county fire department shall establish the boundaries of the [area which it] district which must include only the area which the department is to serve, and may alter those boundaries by ordinance.
κ1989 Statutes of Nevada, Page 76 (CHAPTER 43, AB 266)κ
2. The [area to be served by the fire department] district must not include any territory within the boundaries of an incorporated city.
Sec. 4. NRS 244.2967 is hereby amended to read as follows:
244.2967 A board of county commissioners which [establishes] creates a district for a county fire department shall levy a tax for its support and for the payment of the interest and principal on any indebtedness incurred for its buildings or equipment, on all property within the boundaries of the [service area of the fire department,] district and shall establish a separate fund in the county treasury for the receipt and expenditure of and accounting for the proceeds of this tax.
Sec. 5. NRS 350.538 is hereby amended to read as follows:
350.538 1. Municipality means and county, any incorporated city or town (including without limitation any city or town organized under the provisions of a special legislative act or other special charter), any unincorporated town, any school district, or any quasi-municipal district (including without limitation any district created pursuant to NRS 244.2961 or governed by Title 25 of NRS) of this state, or any other public agency authorized to issue general or special obligations on behalf of any of these. Where the context so indicates, municipality means the geographical area comprising the municipality.
2. Municipality does not include an irrigation district or other special district governed by Title 48 of NRS.
Sec. 6. NRS 474.570 is hereby amended to read as follows:
474.570 A board of county commissioners shall dissolve any fire protection district created pursuant to the provisions of this chapter whenever all the territory within the district is included within the boundaries of [the service area of] a district for a county fire department [.] created pursuant to NRS 244.2961. No petition or election is required for the dissolution of a district pursuant to this section.
Sec. 7. 1. A district for a fire department is hereby created for each fire department organized pursuant to NRS 244.2961 which exists on the effective date of this act.
2. The boundaries of a district created pursuant to this section are the same as the existing boundaries of the service area of the fire department for which it is created.
3. A district created pursuant to this section shall be deemed to have been created by ordinance pursuant to NRS 244.2961.
Sec. 8. The governing body of any district created pursuant to section 7 of this act may submit a proposal to issue bonds to the qualified electors of the district on May 2, 1989, if the governing body delivers the ballot question for the proposal on or before March 31, 1989, to the county clerk or registrar of voters, if that office has been created pursuant to NRS 244.164 in the county in which the district is located. Notwithstanding the provisions of NRS 350.004 and 350.005, the governing body is not required to submit any proposal to issue bonds pursuant to this section to the general obligation bond commission for its approval.
Sec. 9. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 77κ
Senate Bill No. 68Committee on Judiciary
CHAPTER 44
AN ACT relating to witnesses; permitting the affidavit of an expert to be used in lieu of his testimony in certain proceedings for the purpose of establishing the quantity of a controlled substance; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.315 is hereby amended to read as follows:
50.315 1. [Whenever any] If a person has qualified in the district court of any county as an expert witness to testify regarding the presence in the blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in an administrative proceeding or in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove [the] :
(a) The identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis ;
(b) The quantity of the purported controlled substance; and [the]
(c) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type [which have been] certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath, blood or urine to determine the amount by weight of alcohol in his blood;
(b) The identity of a person from whom the affiant obtained a sample of breath, blood or urine;
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons blood.
3. The affidavit of a person who prepared a chemical solution or gas [which] that has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation; and
(b) That he prepared a solution or gas having the chemical composition [which is] specified by the manufacturer of the device as necessary for accurately calibrating it.
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
κ1989 Statutes of Nevada, Page 78 (CHAPTER 44, SB 68)κ
(a) The affiants occupation;
(b) That on a specified date he calibrated such a device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit of a person who withdraws a sample of blood from another for analysis by an expert as mentioned in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The identity of the person from whom the affiant withdrew the sample;
(c) The fact that the affiant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The person to whom the affiant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations [which prescribe] prescribing the form of the affidavits described in this section.
Sec. 2. NRS 50.325 is hereby amended to read as follows:
50.325 1. [Whenever] If a person is charged with an offense punishable pursuant to chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove [the] :
(a) The existence of any alcohol [or the] ;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison or organic solvent,
the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
2. The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney.
3. If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
κ1989 Statutes of Nevada, Page 79 (CHAPTER 44, SB 68)κ
presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
4. If at the trial or preliminary hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period of not to exceed 3 judicial days to receive the testimony. Should 3 judicial days not be sufficient in a county whose population is less than 25,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge, justice of the peace or hearing officer may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.
________
Assembly Bill No. 28Assemblymen Thompson, Bergevin, Spinello, McGaughey, DuBois, Fay, Regan, Diamond, Callister, Adler, Chowning, Jeffrey, Carpenter, Sheerin, Dini, Schofield, Wendell Williams, Porter, Sedway, Bogaert, Kerns, Price, Sader, Lambert, Garner and Kissam
CHAPTER 45
AN ACT relating to trade practices; prohibiting certain methods of solicitation by telephone; providing a penalty; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person shall not use an automatic system to select and dial telephone numbers to play automatically a recorded message to:
(a) Solicit a person the purchase goods or services; or
(b) Request information for a survey if that information is to be used directly to solicit a person to purchase goods or services.
2. This section does not prohibit the use of an automatic system to dial the number of and play a recorded message to a person with whom the systems owner has a preexisting business relationship.
3. A person who violates this section if guilty of a misdemeanor.
________
κ1989 Statutes of Nevada, Page 80κ
Assembly Bill No. 233Assemblymen Sheerin, Adler, Bergevin, Dini, Sedway and Jeffrey
CHAPTER 46
AN ACT making an appropriation to the division of state lands of the state department of conservation and natural resources for the acquisition of the Donald Andersen property in Carson City for expansion of the Capitol Complex; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of state lands of the state department of conservation and natural resources the sum of $1,226,100 for the acquisition of the Donald Andersen property in Carson City, as part of the master plan for the expansion of the Capitol Complex.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 159Committee on Finance
CHAPTER 47
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $2,500,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 81κ
Senate Bill No. 67Committee on Judiciary
CHAPTER 48
AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in, and repealing certain provisions in Statutes of Nevada 1985 and Statutes of Nevada 1987; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 103 of chapter 127, Statutes of Nevada 1985, at page 540, is hereby amended to read as follows:
Sec. 103. NRS 78.3768, 97.065, 169.135, 239A.060, 244A.041, 271.165, 342.080, 349.190, 350,548, 361A.070, 366.050, 369.080, 370.030, 394.096, 396.827, 406.010, 408.075, 452.015, 453.116, 454.0093, 463.0183, 463B.030, 482.090, 483.130, 484.114, 485.100, 489.130, 501.073, 568.220, 581.020, 582.020, 583.395, 584.365, 585.160, 586.190, 587.045, 587.300, 588.120, 598.190, 598.430, 599A.030, 600.040, 600.270, 613.240, 624.030, 627.120, 631.080, 639.011, 641A.070, 648.009, 649.040, 677.120, 678.200, 689.085 and 706.8815 are hereby repealed.
Sec. 2. Section 2 of chapter 442, Statutes of Nevada 1985, at page 1258, is hereby amended to read as follows:
Sec. 2. 1. This section becomes effective upon passage and approval.
2. [All other sections ] Section 1 of this act [become effective 1] becomes effective:
(a) One minute after a proclamation by the governor of the [amendment of Article III(a)(2) of the Tahoe Regional Planning Compact as proposed by Assembly Bill No. 433 of this session.] withdrawal of California from the Tahoe Regional Planning Compact or of his finding that the Tahoe Regional Planning Compact has become unable to perform its duties or exercise its powers; or
(b) Upon proclamation by the governor of the amendment of the compact as provided in chapter 22, Statutes of Nevada 1987,
whichever is later.
Sec. 3. Section 5 of chapter 54, Statutes of Nevada 1987, at page 115, is hereby amended to read as follows:
Sec. 5. Section 1 of chapter 23, Statutes of Nevada 1987, at page 54, is hereby amended to read as follows:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as 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.
κ1989 Statutes of Nevada, Page 82 (CHAPTER 48, SB 67)κ
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.
κ1989 Statutes of Nevada, Page 83 (CHAPTER 48, SB 67)κ
|
ANNUAL SALARIES |
TABLE |
|||||||||
|
Class |
County |
County Commissioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark .......... |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
|
2 |
Washoe ...... |
20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
42,800 |
|
|
3 |
Carson City ..................... |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
[35,700 |
-------] |
|
|
|
|
|
|
|
|
|
|
-------- |
35,700 |
------- |
|
|
|
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 |
------- |
------- |
|
κ1989 Statutes of Nevada, Page 84 (CHAPTER 48, SB 67)κ
Sec. 4. Section 1 of chapter 115, Statutes of Nevada 1987, at page 209, is hereby amended to read as follows:
Section 1. NRS 710.145 is hereby amended to read as follows:
710.145 1. Notwithstanding the provisions of any other statute, a telephone system which is under the control and management of a county may extend its operation across county boundaries if [the] :
(a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;
(b) The public service commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive and that regulation thereof is unnecessary; or
(c) The public service commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days notice to all telephone utilities providing service in the county into which [such] the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of [such system.
2.] the system. No such extension may be permitted for a distance of more than 10 miles.
[3.] 2. Except as otherwise provided in subsection 1, nothing in this section [shall be construed to vest] vests jurisdiction over a county telephone system in the public service commission of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
Sec. 5. Chapter 170, Statutes of Nevada 1987, at page 392, is hereby amended by adding thereto a new section to be designated as section 3.5, immediately following section 3, to read as follows:
Sec. 3.5 Section 10 of chapter 493, Statutes of Nevada 1983, at page 1342, is hereby amended to read as follows:
Sec. 10. Sections 1 to 9, inclusive, of this act shall become effective upon proclamation by the governor of this state of the official publication of the North American datum of 1983 for Nevada by the National Geodetic Survey of the National Oceanic and Atmospheric Administration.
Sec. 6. Section 1 of chapter 194, Statutes of Nevada 1987, at page 437, is hereby amended to read as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, it is unlawful for any person to display for the purpose of sale or lease any vehicle upon any vacant lot or unimproved portion of a public right of way.
2. A registered owner may display for the purpose of sale or lease his vehicle upon a vacant lot if:
(a) The activity is authorized by the applicable zoning regulations; and
(b) The displayer is the owner of the lot or has received the written consent of the owner and the evidence of the written consent:
(1) Is posted on the vehicle in a manner easily seen and read. If the vehicle has a windshield, the consent must be posted inside the windshield, facing outward.
κ1989 Statutes of Nevada, Page 85 (CHAPTER 48, SB 67)κ
(2) Is signed by the owner of the vacant lot.
(3) Contains the name and address of the owner of the vacant lot.
(4) Contains the name and address of the person who owns the vehicle.
(5) States the period for which the display is authorized.
3. Any person who violates the provisions of this section is guilty of a misdemeanor.
4. This section does not prohibit any dealer of vehicles licensed pursuant to chapter 482 of NRS from displaying for sale or lease vehicles in the ordinary course of his business.
Sec. 7. Section 11 of chapter 197, Statutes of Nevada 1987, at page 444, is hereby amended to read as follows:
Sec. 11. NRS 610.120 is hereby amended to read as follows:
610.120 1. The state director of apprenticeship [may:] shall:
(a) Administer the provisions of this chapter with the advice and guidance of the state apprenticeship council.
(b) In cooperation with the state apprenticeship council and local or state joint apprenticeship committees, set up conditions and [training standards for apprentice agreements, which conditions or standards shall in no case be] standards for proposed programs, that are not less stringent than those prescribed by this chapter.
(c) Approve any [apprentice] agreement which meets the standards established under this chapter and terminate or cancel any [apprentice] agreement in accordance with the provisions of [such agreement.] the agreement, the program, this chapter and the standards approved by the state apprenticeship council.
(d) Keep a record of [apprentice] agreements and their dispositions.
(e) Issue certificates of completion of apprenticeship at the request of the local joint apprenticeship committee.
(f) Perform such other duties as are necessary to carry out the intent and purposes of this chapter.
2. The administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for [such] that instruction [is] are the responsibility of the local joint apprenticeship committees.
Sec. 8. 1. Section 2 of chapter 255, Statutes of Nevada 1987, at page 550, is hereby amended to read as follows:
Sec. 2. NRS 50.245 is hereby amended to read as follows:
50.245 Where criminal or quasi-criminal cases originating in the municipal court of an incorporated city are brought before the district court, the county clerk shall give a statement of the amounts due to witnesses to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the city treasurer to pay the [amount] amounts due. Upon the production of the order, or a certified copy thereof, the city treasurer shall pay the sum specified therein out of any fund in the city treasury not otherwise specially appropriated or set apart. It is not necessary for such an order to be otherwise audited or approved.
κ1989 Statutes of Nevada, Page 86 (CHAPTER 48, SB 67)κ
2. Chapter 255, Statutes of Nevada 1987, at page 549, is hereby amended by adding thereto a new section to be designated as section 8, immediately following section 7, to read as follows:
Sec. 8. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.
Sec. 9. Sections 2 to 5, inclusive, of chapter 259, Statutes of Nevada 1987, at pages 555 and 556, are hereby amended to read respectively as follows:
Sec. 2. As used in Sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Client means a person who consults or is interviewed by a marriage and family therapist for the purpose of diagnosis or treatment.
2. A communication is confidential if it is not intended to be disclosed to any third person other than a person:
(a) Present during the consultation or interview to further the interest of the client;
(b) Reasonably necessary for the transmission of the communication; or
(c) Participating in the diagnosis or treatment under the direction of the marriage and family therapist, including a member of the clients family.
3. Marriage and family therapist has the meaning ascribed to it in NRS 641A.060.
Sec. 3. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications among himself, his marriage and family therapist or any other person who is participating in the diagnosis or treatment under the direction of the marriage and family therapist.
Sec. 4. 1. The privilege may be claimed by the client, by his guardian or conservator, or by the personal representative of a deceased client.
2. The person who was the marriage and family therapist may claim the privilege but only on behalf of the client. His authority to do so is presumed in the absence of evidence to the contrary.
Sec. 5. There is no privilege under sections 3 or 4 of this act:
1. If the client communicates to the marriage and family therapist that he intends or plans to commit what the client knows or reasonably should know is a crime.
2. If the marriage and family therapist is required to testify in an administrative or court-related investigation or proceeding involving the welfare of his client or the minor children of his client.
3. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the marriage and family therapist in the course of diagnosis or treatment has determined that the client is in need of hospitalization.
4. As to communications relevant to an issue of the treatment of the client in any proceeding in which the treatment is an element of a claim or defense.
κ1989 Statutes of Nevada, Page 87 (CHAPTER 48, SB 67)κ
Sec. 10. Section 3 of chapter 567, Statutes of Nevada 1987, at page 1356, is hereby amended to read as follows:
Sec. 3. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except for the provisions of subsection 4 of NRS 706.171 and NRS 706.281, 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:
(a) The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph [(e),] (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) [The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of transportation for that particular work.
(e)] The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
[(f)] (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
[(g)] (f) A private motor carrier of property which is used to attend livestock shows and sales.
2. Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 11. Section 23 of chapter 314, Statutes of Nevada 1987, at page 678, is hereby amended to read as follows:
Sec. 23. NRS 361A.280 is hereby amended to read as follows:
361A.280 1. [When] For purposes of this section, base year means the fiscal year in which the property is converted to a higher use.
2. If any portion of agricultural or open-space real property which is receiving agricultural or open-space use assessment is converted to a higher use, there [shall] must be added to the tax extended against [the] that portion of the property on the next property tax statement, an amount equal to the sum of the following:
(a) The deferred tax, which is the difference between the taxes paid or payable on the basis of the agricultural or open-space use assessment and the taxes which would have been paid or payable on the basis of the taxable value [determination] calculated pursuant to subsections 3 and 4 for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use.
κ1989 Statutes of Nevada, Page 88 (CHAPTER 48, SB 67)κ
for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use. The 84-month period includes the most recent year of agricultural or open-space use assessment [but does not include any period before July 1, 1976.] ; and
(b) A penalty equal to 20 percent of the accumulated deferred tax on all portions of property for each year in which the owner failed to give the notice required by NRS 361A.270.
3. Except as otherwise provided in subsection 4, the value for the base year may be calculated by determining the taxable value of the property immediately preceding the conversion to a higher use pursuant to NRS 361.227. The taxable value for the fiscal year before the base year may be calculated by dividing the taxable value of the base year by the factor for land applied to the parcel for that prior year pursuant to NRS 361.260. The quotient is the taxable value for the year before the base year. The taxable value for each fiscal year before that time may be calculated in the same manner, by dividing the taxable value for the year succeeding the fiscal year by the factor for land applied to the parcel during the prior year.
4. For any fiscal year before 1982-83 and for any fiscal year in which the area where the parcel is located was physically reappraised, the median percentage increase in the taxable value of the five nearest similar parcels not receiving agricultural assessment may be used in place of the factor for land in making the calculation of taxable value pursuant to subsection 3.
[2.] 5. For any year in which the value of the parcel is affected by a factor which may not have an equally proportionate effect on similar nearby parcels, such as a change in zoning ordinances, variances from those ordinances or natural disasters, the taxable value of the property must be determined pursuant to NRS 361.227.
6. The deferred tax and penalty are a perpetual lien until paid as provided in NRS 361.450; but if the property is not converted to a higher use within 84 months after the date of attachment, the lien for that earliest year then expires.
[3. Each year a statement of liens attached pursuant to this section must be recorded with the county recorder by the tax receiver in a form prescribed by the department upon completion of the tax statement.
4.] 7. If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem [, a lien for a proportional share of the deferred taxes that would otherwise have been due in the following year, attaches on the day preceding the sale or transfer. The lien must be enforced against the property when it is converted to a higher use, even though the owner at the time of conversion enjoys an exemption from taxation.] , any such liens for deferred taxes must be canceled.
8. The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to section 5 of this act.
κ1989 Statutes of Nevada, Page 89 (CHAPTER 48, SB 67)κ
Sec. 12. Section 23 of chapter 321, Statutes of Nevada 1987, at page 713, is hereby repealed.
Sec. 13. Section 66 of chapter 321, Statutes of Nevada 1987, at page 728, is hereby repealed.
Sec. 14. Section 12 of chapter 327, Statutes of Nevada 1987, at page 758, is hereby amended to read as follows:
Sec. 12. Except as otherwise provided by the certificate or articles of incorporation of the issuing corporation, a resolution of the stockholders granting voting rights to the control shares acquired by an acquiring person must be approved by:
1. The holders of a majority of the outstanding shares of the corporation; and
2. If the acquisition will result in any change of the kind described in subsection 2 of NRS 78.390, the holders of a majority of each class or series affected,
excluding those shares held by any interested stockholder.
Sec. 15. Sections 1, 3, 5 and 8 of chapter 353, Statutes of Nevada 1987, at pages 800, 801, 803 and 804, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any conduct:
(a) Which is intended to deceive; [or]
(b) Which the board has determined is a violation of the standards of practice established by regulation of the board [.] ; or
(c) Which is in violation of a regulation adopted by the state board of pharmacy.
3. Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.
4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
5. Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform.
6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine are experimental.
7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
8. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
κ1989 Statutes of Nevada, Page 90 (CHAPTER 48, SB 67)κ
9. Failing to comply with the requirements of NRS 630.254.
10. Habitual intoxication from alcohol or dependency on controlled substances.
11. Failure by a licensee or applicant to report, within 30 days, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.
12. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
Sec. 3. NRS 633.131 is hereby amended to read as follows:
633.131 1. Unprofessional conduct includes:
(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine.
(b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.
(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any licensed person to practice osteopathic medicine.
(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by [board regulations.] regulations of the board.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance.
(i) Performing, assisting in or advising an unlawful abortion or [in] the injection of any liquid silicone substance into the human body.
(j) Willful disclosure of a communication privileged pursuant to a statute or court order.
(k) Willful disobedience of the regulations of the state board of health , the state board of pharmacy or [of] the state board of osteopathic medicine.
κ1989 Statutes of Nevada, Page 91 (CHAPTER 48, SB 67)κ
(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
(b) For two or more persons holding valid licenses issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.
Sec. 5. NRS 638.140 is hereby amended to read as follows:
683.140 The following acts, among others, are grounds for disciplinary action:
1. Violation of [regulations] a regulation adopted by the state board [;] of pharmacy or the Nevada state board of veterinary medical examiners;
2. Habitual drunkenness;
3. Addiction to the use of a controlled substance;
4. Conviction of or a plea of nolo contendere to a felony, or any offense involving moral turpitude;
5. Incompetence, gross negligence, or other malpractice pertaining to veterinary medicine as evidenced by a claim of malpractice settled against the holder of a license;
6. Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance or a dangerous drug as defined in chapter 454 of NRS; or
7. Willful failure to comply with any provision of this chapter, a regulation, subpena or order of the board, or an order of a court.
Sec. 8. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he [is] :
(a) Is a prescribing practitioner, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, or a registered pharmacist under the provisions of this chapter [.] ; and
(b) Complies with the regulations adopted by the board.
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person may act as a manufacturer or wholesaler unless he has obtained a permit from the board.
κ1989 Statutes of Nevada, Page 92 (CHAPTER 48, SB 67)κ
provisions of this chapter, but no person may act as a manufacturer or wholesaler unless he has obtained a permit from the board.
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until he has obtained a permit from the board.
4. Each application for such a permit must be made on a form furnished by the board and no application may be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to the applicant. Each permit must be issued to a specific person for a specific location, and renewed biennially.
Sec. 16. Sections 3 and 4 of chapter 385, Statutes of Nevada 1987, at pages 901 and 902, respectively, are hereby amended to read respectively as follows:
Sec. 3. NRS 268.096 is hereby amended to read as follows:
268.096 1. In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the city council or other governing body of each incorporated city shall impose a tax at the rate of 1 percent of the gross receipts from the rental of lodging in that city upon all persons in the business of providing lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 3.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.
3. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
Sec. 4. NRS 268.0962 is hereby amended to read as follows:
268.0962 The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:
1. Three-eighths [of all proceeds of the tax] must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.
2. Five-eighths [of all proceeds of the tax] must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city to be used to advertise the resources of that county or incorporated city related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
κ1989 Statutes of Nevada, Page 93 (CHAPTER 48, SB 67)κ
accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
Sec. 17. Sections 3 and 8 of chapter 413, Statutes of Nevada 1987, at pages 940 and 943, respectively, are hereby amended to read respectively as follows:
Sec. 3. NRS 99.040 is hereby amended to read as follows:
99.040 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at [the rate of 12 percent per annum] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases:
(a) Upon contracts, express or implied, other than book accounts.
(b) Upon settlement of book or store accounts from the day on which the balance is ascertained.
(c) Upon money received to the use and benefit of another and detained without his consent.
(d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made.
The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
2. The provisions of this section do not apply to money owed:
(a) For the construction or remodeling of a building pursuant to NRS 624.325; or
(b) By a contractor to his subcontractor pursuant to section 1 of [this act.] chapter 261, Statutes of Nevada 1987.
Sec. 8. 1. The provisions of this act apply only to causes of action which arise on or after July 1, 1987.
2. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1987.
Sec. 18. Section 1 of chapter 421, Statutes of Nevada 1987, at page 962, is hereby amended to read as follows:
Section 1. NRS 458.300 is hereby amended to read as follows:
458.300 Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect treatment under the supervision of a state-approved facility for the treatment of abuse of alcohol or drugs before he is sentenced unless:
1. The crime is a crime against the person punishable as a felony or gross misdemeanor as provided [for] in chapter 200 of NRS;
2. The crime is that of selling a controlled substance [;] , trafficking of a controlled substance, possessing a controlled substance for the purpose of sale, or conspiracy to sell, traffic or possess for the purpose of sale a controlled substance;
3. The crime is that of driving under the influence of intoxicating liquor or while an habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in NRS 484.379, or such driving which causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;
κ1989 Statutes of Nevada, Page 94 (CHAPTER 48, SB 67)κ
such driving which causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;
4. The alcoholic or drug addict has a record of one or more convictions of a crime [of violence or of selling a controlled substance,] described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of two or more convictions of any felony;
5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment [on two prior occasions within any consecutive 2-year period.] within the preceding 5 years.
Sec. 19. Section 5 of chapter 426, Statutes of Nevada 1987, at page 981, is hereby amended to read as follows:
Sec. 5. A landlord must give his tenants at least 24 hours notice in writing when planned repairs of a utility or a service which the mobile home park provides will cause interruption of the utility or service.
Sec. 20. Section 2 of chapter 438, Statutes of Nevada 1987, at page 1022, is hereby amended to read as follows:
Sec. 2. In addition to any other applicable fee, there must be paid to the department a fee of 50 cents for each license plate issued for a motor vehicle, trailer or semitrailer. The fee paid pursuant to this section must be deposited with the state treasurer for credit to the fund for prison industries to defray the cost of producing the license plate.
Sec. 21. Section 34 of chapter 484, Statutes of Nevada 1987, at page 1121, is hereby amended to read as follows:
Sec. 34. As used in sections 34 to 37, inclusive, of this act, unless the context otherwise requires:
1. Client means a person who consults or is interviewed by a social worker for the purpose of diagnosis or treatment.
2. A communication is confidential if it is not intended to be disclosed to any third person other than a person:
(a) Present during the consultation or interview to further the interest of the client;
(b) Reasonably necessary for the transmission of the communication; or
(c) Participating in the diagnosis or treatment under the direction of the social worker, including a member of the clients family.
3. Social worker means any person licensed under chapter 641B of NRS.
Sec. 22. Sections 2 and 5 of chapter 489, Statutes of Nevada 1987, at pages 1142 and 1143, respectively, are hereby amended to read respectively as follows:
Sec. 2. NRS 294A.050 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 95 (CHAPTER 48, SB 67)κ
294A.050 1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes [advertising] :
(a) Advertising on behalf of any candidate or group of candidates [or political] ;
(b) Political advertising for any person other than a candidate ; or
(c) Advertising for the passage or defeat of a question or group of questions on the ballot,
shall make available for inspection, at any reasonable time beginning at least 10 days before each primary election, primary city election, general election or general city election and ending at least 30 days after the election, information setting forth the cost of all such advertisements accepted and broadcast, disseminated or published . [for each candidate, group of candidates or person other than a candidate.]
2. For purposes of this section the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or [other person,] the person or group which requested the advertisement, at the principal place of business of the enterprise.
Sec. 5. Sections 1 and 2 of this act become effective at 12:01 a.m. on July 1, 1987.
Sec. 23. Section 1 of chapter 503, Statutes of Nevada 1987, at page 1162, is hereby amended to read as follows:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, any involuntary transfer or reassignment of an unlicensed employee must be based on assignment and seniority and may not be made as a form of discipline.
2. An unlicensed employee may be reassigned for less than 30 days in response to temporary requirements for work.
3. If an unlicensed employee believes an involuntary transfer or reassignment was made as a form of discipline, he is entitled to a hearing on that issue.
Sec. 24. Section 1 of chapter 533, Statutes of Nevada 1987, at page 1196, is hereby amended to read as follows:
Section 1. NRS 433.554 is hereby amended to read as follows:
433.554 1. Any employee of the division or other person who:
(a) Has reason to believe that a client of the division or of a private institution or facility offering mental health services has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the [division facility involved or a staff physician of the] facility;
κ1989 Statutes of Nevada, Page 96 (CHAPTER 48, SB 67)κ
(c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a client,
is guilty of a misdemeanor.
2. Any employee of the division or other person who willfully abuses or neglects any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.
4. For the purposes of this section : [abuse means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment.]
(a) Abuse means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the client;
(2) Striking the client;
(3) The use of excessive force when placing the client in physical restraints; and
(4) The use of physical or chemical restraints in violation of state or federal law.
(b) Client includes any person who seeks, on his own or others initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.
(c) Neglect means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:
(1) Establish or carry out an appropriate plan of treatment for the client;
(2) Provide the client with adequate nutrition, clothing or health care; and
(3) Provide a safe environment for the client.
Sec. 25. Section 14 of chapter 535, Statutes of Nevada 1987, at page 1205, is hereby amended to read as follows:
Sec. 14. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the board:
κ1989 Statutes of Nevada, Page 97 (CHAPTER 48, SB 67)κ
(a) Failure of a person operating a cosmetological establishment , school of cosmetology or facility for demonstrations to comply with the requirements of this chapter.
(b) Failure to comply with the regulations adopted by the board for cosmetological establishments, facilities for demonstrations, schools of cosmetology or the practice of the occupations of a cosmetologist.
(c) Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.
(d) Gross malpractice.
(e) Continued practice by a person knowingly having an infectious or contagious disease.
(f) Drunkenness or addiction to the use of a controlled substance.
(g) Advertisement by means of knowingly false or deceptive statements.
(h) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(i) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
(j) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 26. 1. Section 1 of chapter 545, Statutes of Nevada 1987, at page 1241, is hereby amended to read as follows:
Section 1. NRS 428.050 is hereby amended to read as follows:
428.050 1. In addition to the tax levied pursuant to NRS 428.285 and any tax levied pursuant to section 42 of chapter 377, Statutes of Nevada 1987, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. [Except as provided in subsection 2,] In a county whose population is 250,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation. In a county whose population is less than 250,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.
2. The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.
κ1989 Statutes of Nevada, Page 98 (CHAPTER 48, SB 67)κ
3. No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1, NRS 428.285 and section 42 of chapter 377, Statutes of Nevada 1987, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including , but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.
4. [No] Except as otherwise provided in this subsection, no interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3, NRS 428.285 and section 42 of chapter 377, Statutes of Nevada 1987. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.
2. Chapter 545, Statutes of Nevada 1987, at page 1241, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
Sec. 27. Section 5 of chapter 550, Statutes of Nevada 1987, at page 1275, is hereby amended to read as follows:
Sec. 5. NRS 463.366 is hereby amended to read as follows:
463.366 [A] 1. Except as otherwise provided in subsection 2, a licensee shall pay a patrons claim within 20 days after the decision of the board directing him to do so becomes final. Failure to pay within that time is grounds for disciplinary action pursuant to NRS 463.311 to 463.3145, inclusive.
2. If a licensee intends to file a petition for judicial review of the boards decision pursuant to sections 2 to 5, inclusive, of Assembly Bill No. 360 of this session, the licensee must first deposit in an interest-bearing account in a financial institution an amount equal to the amount in dispute. The licensee shall pay the full amount of the patrons claim, including interest, within 20 days after a final, nonappealable order of a court of competent jurisdiction so directs.
3. The licensee may withdraw the amount deposited in the financial institution upon:
(a) Payment of the full amount of the patrons claim, plus interest, if the licensee has given notice to the board of the payment; or
(b) A final determination by the court that the licensee is not required to pay the claim.
Sec. 28. 1. Section 49 of chapter 554, Statutes of Nevada 1987, at page 1311, is hereby repealed.
2. Sections 61 and 66 of chapter 554, Statutes of Nevada 1987, at pages 1315 and 1319, respectively, are hereby amended to read respectively as follows:
κ1989 Statutes of Nevada, Page 99 (CHAPTER 48, SB 67)κ
Sec. 61. NRS 677.545 is hereby amended to read as follows:
677.545 1. Except as limited by subsection 2, if the commissioner has taken possession of the property and business of a corporation licensed under this chapter pursuant to NRS 677.540, or a receiver, other than the state, has been appointed for and taken possession of the property and business of a corporation, the commissioner may solicit offers from and authorize or require the acquisition of the corporation by or its merger with another institution or company in the following order of priority:
(a) A corporation which is licensed pursuant to this chapter.
(b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions whose parent corporation has offices of operations in other states.
(c) A bank, savings and loan association or thrift company, or its parent corporation, licensed pursuant to the laws of the United States or of another state, whose operations are principally conducted within the [states] state of Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, New Mexico, Oregon, Utah, Washington or Wyoming.
(d) A bank, savings and loan association or thrift company, or its parent corporation, licensed pursuant to the laws of the United States or of another state, whether or not its principal place of business is in another state.
The commissioner shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.
2. The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if a selection affords the greatest financial recovery by the corporations depositors of all offers received. The commissioner may not accept any offer which affords the corporations depositors a smaller financial recovery than they would receive if the corporation were liquidated. If the commissioner receives one or more acceptable offers he may negotiate with the institutions submitting acceptable offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the corporations depositors.
[3. If a thrift company of which the commissioner took possession before May 1, 1985, is acquired by or merged with any depository institution or its parent or affiliate, that thrift company, or the acquiring institution, or the institution which results from the merger has all the rights, powers and privileges of any other depository institution in this state of the same class. If the institution which acquires or merges with the thrift company does not own or operate a bank or a savings and loan association in this state it may acquire, establish or operate a bank or association. The legislature intends that this subsection authorize an institution or its parent or affiliate which is organized under the laws of another state or of the United States and which principally conducts its operations in another state to acquire, establish or operate a bank or savings and loan association in this state.
κ1989 Statutes of Nevada, Page 100 (CHAPTER 48, SB 67)κ
operations in another state to acquire, establish or operate a bank or savings and loan association in this state.
4. If the institution which acquires or merges with a thrift company pursuant to subsection 3, or a parent or affiliate of that institution, has acquired a bank located in Nevada pursuant to NRS 666.128, the limitations imposed by NRS 666.132 no longer apply to the operations of the institution or its parent or affiliate.]
Sec. 66. NRS 119A.610, 360.274, 360.275, 360.276, 360.277, 367.055, 374.045, 448.010, 448.020, 448.030, 448.040, 448.050 [, 449.580, 598.660, 598.665, 598.670 and 598.675] and 449.580 are hereby repealed.
Sec. 29. 1. Section 1 of chapter 558, Statutes of Nevada 1987, at page 1325, is hereby amended to read as follows:
Section 1. NRS 353.205 is hereby amended to read as follows:
353.205 The state budget for each fiscal year must be set up in three parts:
1. Part 1 must consist of a budget message by the governor which outlines the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It must also embrace a general budget summary setting forth the aggregate figures of the budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, object and funds, and the income by organizational units, sources and funds.
2. Part 2 must embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. It must also include statements of the bonded indebtedness of the state government, showing the requirements for redemption of debt, the debt authorized and unissued, and the conditions of the sinking funds , [. In addition, it must contain the number of positions assigned to each occupational class defined by the index prepared pursuant to NRS 284.171 for each state agency for which money is budgeted] and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
3. Part 3 must include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if adopted by the legislature.
As soon as each part is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.
κ1989 Statutes of Nevada, Page 101 (CHAPTER 48, SB 67)κ
2. Chapter 558, Statutes of Nevada 1987, at page 1325, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
Sec. 30. Section 2 of chapter 561, Statutes of Nevada 1987, at page 1337, is hereby amended to read as follows:
Sec. 2. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. Any real property in existence on the following July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 3 must be placed on the unsecured tax roll.
3. The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.
4. In arriving at the taxable value of all public utilities of an intra-county nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.
[3.] 5. In addition to the inquiry and examination required in subsection 1, for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
[4.] 6. The county assessor shall physically reappraise all real property at least once every 5 years.
Sec. 31. Section 45 of chapter 569, Statutes of Nevada 1987, at page 1378, is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 102 (CHAPTER 48, SB 67)κ
Sec. 45. 1. Sections 8, 10, 18, 23, 25, 27, 30, 34 and 41 of this act become effective at 12:01 a.m. on July 1, 1987.
2. Sections 17, 22.3, 31 and 33 of this act become effective at 12:02 a.m. on July 1, 1987.
Sec. 32. Sections 2 and 6 of chapter 588, Statutes of Nevada 1987, at pages 1427 and 1429, respectively, are hereby amended to read respectively as follows:
Sec. 2. NRS 374.785 is hereby amended to read as follows:
374.785 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.
2. The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.
3. The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:
(a) Transfer one-half of 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax for the counties.
(b) [Determine the amount of money equal to the taxes and any fees, interest and penalties which relate to the operation of each project for the generation, transmission or distribution of electricity, or to any other electrical facilities, whose construction is commenced on or after January 1, 1982. For the purposes of this paragraph, commencement of construction has the meaning ascribed to it in NRS 704.840. This amount must be apportioned:
(1) Ten percent to the county in which the project is located; and
(2) The remainder among all counties of the state in proportion to their respective populations.
The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this apportionment fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.
(c)] Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection . [and the sum of any amounts determined pursuant to paragraph (b).
(d)] (c) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school account in the state general fund.
[(e)] (d) Transfer the amount owed to each county to the intergovernmental trust fund and remit the money to the credit of the county school district fund.
κ1989 Statutes of Nevada, Page 103 (CHAPTER 48, SB 67)κ
4. For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.
Sec. 6. 1. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.
2. Section 5 of this act becomes effective upon passage and approval.
Sec. 33. Sections 2 and 3 of chapter 634, Statutes of Nevada 1987, at pages 1488 and 1489, respectively, are hereby amended to read respectively as follows:
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 [For the purpose of] As used in NRS 278.010 to 278.630, inclusive, section 9 of Senate Bill No. 248 of this session, [and] section 1 of [this act:] Assembly Bill No. 561 of this session, and section 1 of this act, unless the context otherwise requires:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
4. Commission means the planning commission of the city, the county or the region, as established by ordinance.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, section 9 of Senate Bill No. 248 of this session, [and] section 1 of [this act,] Assembly Bill No. 561 of this session, and section 1 of this act, and those of any applicable local ordinance, which is designated to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to278.630, inclusive, section 9 of Senate Bill No. 248 of this session, [and] section 1 of [this act,] Assembly Bill No. 561 of this session, and section 1 of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
κ1989 Statutes of Nevada, Page 104 (CHAPTER 48, SB 67)κ
10. Lot means a distinct part or parcel or land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivider means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
Sec. 3. Section 2 of this act becomes effective at 12:02 a.m. on July 1, 1987.
Sec. 34. 1. Section 1 of chapter 640, Statutes of Nevada 1987, at page 1496, is hereby amended to read as follows:
Section 1. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing. [Except as otherwise provided in the charter of a city, where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, he is the proper person to negotiate, directly or through one or more representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative any matter beyond the scope of his authority.]
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or work week.
(h) Total number of days work required of an employee in a work year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
κ1989 Statutes of Nevada, Page 105 (CHAPTER 48, SB 67)κ
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) The policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in work force.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of [funds,] money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation work load factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining.
κ1989 Statutes of Nevada, Page 106 (CHAPTER 48, SB 67)κ
The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
7. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
2. Chapter 640, Statutes of Nevada 1987, at page 1496, is hereby amended by adding thereto a new section to be designated as section 2, immediately following section 1, to read as follows:
Sec. 2. Section 1 of this act becomes effective at 12:02 a.m. on July 1, 1987.
Sec. 35. 1. Sections 8 and 9 of chapter 644, Statutes of Nevada 1987, at pages 1509 and 1510, respectively, are hereby amended to read respectively as follows:
Sec. 8. NRS 649.355 is hereby amended to read as follows:
649.355 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate bank account in which must be deposited all money collected. The account must be maintained in a bank located in this state and bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. The trust account must at all times contain sufficient money to pay all money due or owing to all customers, and no disbursement may be made from [such] the account except to customers or to pay costs advanced for [such] those customers, except that a licensee may periodically withdraw from [such] the account such money as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all money deposited in [such] the account, which [record shall] must indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and [shall] must show clearly for whose account the money is deposited and to whom the money belongs. [All such] The money must be remitted to the creditors respectively entitled thereto within 30 days following the end of the month in which payment is received. [All such] The records and money are subject to inspection by the commissioner or his authorized representative. The records must be maintained at the premises in this state at which the licensee is authorized to conduct business.
4. [Any disclosed shortage in trust accounts must be made up by the licensee within 5 days after the commissioner gives written notice to do so. It the licensee fails or refuses to make up the shortage within the time required, the commissioner may do any one or more of the following, as may be warranted under the circumstances:
(a) Issue a cease and desist order prohibiting the licensee from accepting or collecting on any new claims or accounts.
κ1989 Statutes of Nevada, Page 107 (CHAPTER 48, SB 67)κ
(b) Suspend the licensees license, pending a hearing and determination of the case.
(c) Compel the licensee to file within 48 hours of demand an additional bond in such form and amount as the commissioner deems necessary to cover the shortage.
(d) Institute custodial, conservatorship, receivership or liquidation proceedings.] If the commissioner finds that a licensees records are not maintained pursuant to subsections 2 and 3, he may require the licensee to deliver an audited financial statement prepared from his records by a certified public accountant who holds a certificate to engage in the practice of public accounting in this state. The statement must be submitted within 60 days after the commissioner requests it. The commissioner may grant a reasonable extension for the submission of the financial statement if an extension is requested before the statement is due.
Sec. 9. NRS 649.395 is hereby amended to read as follows:
649.395 1. The commissioner may suspend or revoke the license of a collection agency, by an order made in writing and filed in his office and served on the licensee by registered or certified mail at the address shown in the records of the commissioner, if:
(a) The licensee is adjudged liable in any court of law for breach of any bond given under the provisions of this chapter; or
(b) After notice and hearing, the licensee is found guilty of:
(1) Fraud or misrepresentation;
(2) An act or omission inconsistent with the faithful discharge of his duties and obligations; or
(3) A violation of any provision of this chapter.
2. The commissioner may suspend or revoke the license of a collection agency without notice and hearing if:
(a) The suspension or revocation is necessary for the immediate protection of the public; and
(b) The licensee is afforded a hearing to contest the suspension or revocation within 20 days after the written order of suspension or revocation is served upon the licensee.
3. Upon revocation of his license, all rights of the licensee under this chapter terminate, and no application may be received from any person whose license has once been revoked.
2. Chapter 644, Statutes of Nevada 1987, at page 1507, is hereby amended by adding thereto a new section to be designated as section 10, immediately following section 9, to read as follows:
Sec. 10. Sections 8 and 9 of this act become effective as 12:01 a.m. on July 1, 1987.
Sec. 36. Section 5 of chapter 646, Statutes of Nevada 1987, at page 1514, is hereby amended to read as follows:
Sec. 5. NRS 428.030 is hereby amended to read as follows:
428.030 1. When any [poor] person meets the uniform standards of eligibility established by the board of county commissioners or by section 26 of [this act,] Assembly Bill No. 289 of this session, if applicable, [and does not have relatives of sufficient ability to care for and maintain him, or when such relatives refuse or neglect to care for and maintain him,] then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of [this act,] Assembly Bill No.
κ1989 Statutes of Nevada, Page 108 (CHAPTER 48, SB 67)κ
him,] then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of [this act,] Assembly Bill No. 289 of this session, for this purpose.
2. The board of county commissioners shall pay hospitals for the costs of treating indigent inpatients who reside in the county an amount which is not less than 85 percent of the payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of [this act,] Assembly Bill No. 289 of this session, for this purpose.
3. The board of county commissioners may:
(a) Make contracts for the necessary maintenance of poor persons;
(b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of poor persons;
(c) Authorize the payment of cash grants directly to the poor persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).
Sec. 37. Sections 15 and 17 of chapter 656, Statutes of Nevada 1987, at pages 1542 and 1543 respectively, are hereby amended to read respectively as follows:
Sec. 15. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, does not include:
1. Persons insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.
2. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
3. Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. Persons not normally engaged in the production and sale of water but [which] who sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
κ1989 Statutes of Nevada, Page 109 (CHAPTER 48, SB 67)κ
of furnishing water, for compensation, to persons within the political subdivision.
6. Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties, or other entities which are reselling the energy to the public.
7. Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive, and sections 2 to 6, inclusive, of this act.
8. Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.
Sec. 17. 1. Section 9 of this act becomes effective at 12:01 a.m. on July 1, 1987.
2. Section 15 of this act becomes effective at 12:02 a.m. on July 1, 1987.
Sec. 38. Section 66 of chapter 658, Statutes of Nevada 1987, at page 1577, is hereby amended to read as follows:
Sec. 66. Section 1 of Senate Bill No. 297 of this session is hereby amended to read as follows:
Section 1. NRS 639.210 is hereby amended to read as follows:
639.210 The board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:
1. Is not of good moral character;
2. Is guilty of habitual intemperance;
3. Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a physicians prescription, while on duty in any establishment licensed by the board;
4. Is guilty of unprofessional conduct or conduct contrary to the public interest;
5. Is addicted to the use of any controlled substance;
6. Has been convicted of a violation of any law related to controlled substances of the Federal Government or of this or any other state;
7. Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;
8. Has willfully made to the board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;
9. Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
10. Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;
11. Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to the practice of pharmacy , or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to the practices of pharmacy committed by a registered pharmacist in his employ;
κ1989 Statutes of Nevada, Page 110 (CHAPTER 48, SB 67)κ
failed to report a violation of any of the provisions of this chapter or any law or regulation relating to the practices of pharmacy committed by a registered pharmacist in his employ;
12. Has failed to renew his certificate, license or permit by failing to pay the renewal fee therefor;
13. Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;
14. Has, as a managing pharmacist, violated any [provisions] provision of law or regulation concerning recordkeeping or inventory in a store over which he presides , or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his supervision; or
15. Has repeatedly been negligent, [as] which may be evidenced by claims of malpractice settled against him.
Sec. 39. Sections 1.7 and 39 of chapter 663, Statutes of Nevada 1987, at pages 1592 and 1604, respectively, are hereby amended to read respectively as follows:
Sec. 1.7 NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.135, inclusive, [and] section 3 of [this act,] chapter 778, Statutes of Nevada 1987, and section 1.3 of this act, have the meanings ascribed to them in those sections.
Sec. 39. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, investigator of the bureau of enforcement of the registration division of the department, designated employees of the manufactured housing division of the department of commerce, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who as reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from [any public property or, at] that property. At the request of the owner or person in possession or control of any private property [,] who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.
2. Any person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:
(a) Have the vehicle taken to the nearest garage or other place designated for storage by [the] :
(1) The state agency or political subdivision [for storage.] making the request, if the vehicle is removed from public property.
(2) The owner or person in possession of the property, if the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and any other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.
κ1989 Statutes of Nevada, Page 111 (CHAPTER 48, SB 67)κ
and legal owner of the vehicle and supply the information to the person who is storing the vehicle.
Sec. 40. Section 1 of chapter 675, Statutes of Nevada 1987, at page 1621, is hereby amended to read as follows:
Section 1. Chapter 381 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 381.160 and 381.435, the administrator shall adopt regulations establishing fees for admission to the institutions of the department.
Sec. 41. Sections 3 and 4 of chapter 684, Statutes of Nevada 1987, at pages 1642 and 1643, respectively, are hereby amended to read respectively as follows:
Sec. 3. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the division for review of health resources and costs;
(3) The administrator of the health division;
(4) The administrator of the rehabilitation division;
(5) The state welfare administrator; and
(6) The administrator of the youth services division.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, sections 2 to 33, inclusive, of chapter 377, Statutes of Nevada 1987, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
(d) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 4. Sections 2 and 3 of this act become effective at 12:01 a.m. on July 1, 1987.
Sec. 42. Section 20 of chapter 688, Statutes of Nevada 1987, at page 1654, is hereby amended to read as follows:
Sec. 20. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and sections 14 and 15 of this act, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.
κ1989 Statutes of Nevada, Page 112 (CHAPTER 48, SB 67)κ
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a controlled substance.
3. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and [issue] adopt a regulation controlling the substance if it finds the substance has a potential for abuse.
4. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
5. If any substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law and notice thereof is given to the board, the board shall similarly control the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and sections 14 and 15 of this act, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, that board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling [,] or deletion pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and sections 14 and 15 of this act, by the board, control under such sections is stayed until the board publishes its decision.
6. Authority to control pursuant to this section does not extend to distilled spirits, wine, malt beverages or tobacco.
7. The board shall not include any nonnarcotic substance on any schedule if that substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.
Sec. 43. Sections 21, 22, 30 and 31 of chapter 688, Statutes of Nevada 1987, at pages 1654, 1655, 1657 and 1658, respectively, are hereby amended to read respectively as follows:
Sec. 21. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
1. If registered by the board:
(a) A practitioner.
κ1989 Statutes of Nevada, Page 113 (CHAPTER 48, SB 67)κ
(b) A physicians assistant at the direction of his supervising physician.
2. Without being registered with the board:
(a) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
(1) From an original container which has been furnished as floor or ward stock;
(2) From a container dispensed by a registered pharmacist pursuant to a prescription [;] or furnished pursuant to a chart order; or
(3) Furnished by a practitioner.
(b) In [an institutional pharmacy,] a pharmacy in a correctional institution, a registered nurse licensed to practice professional nursing or a licensed practical nurse, in multiple doses for administration in single doses to prisoners in that institution.
(c) An advanced emergency medical technician as authorized by regulations 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.
(f) A medical intern in the course of his internship.
(g) An ultimate user as defined in this chapter.
3. A person designated by the head of a correctional institution which does not contain [an institutional] a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
Sec. 22. NRS 453.377 is hereby amended to read as follows:
453.377 A controlled substance may be dispensed by:
1. A registered pharmacist upon a legal prescription from a practitioner or to [an institutional] a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.
2. [An institutional pharmacy,] A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.
3. A practitioner or a physicians assistant if authorized by the board.
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.
κ1989 Statutes of Nevada, Page 114 (CHAPTER 48, SB 67)κ
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.
8. A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the board.
Sec. 30. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing practitioner or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a chart order or prescription; or
(c) Furnished by a practitioner.
3. A registered nurse licensed to practice professional nursing or a licensed practical nurse, in [an institutional pharmacy,] a pharmacy in a correctional institution, in multiple doses for administration in single doses to prisoners in that institution.
4. A physicians assistant at the direction of his supervising physician.
5. An intermediate medical technician or an advanced emergency medical 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] a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
10. An ultimate user.
Sec. 31. NRS 454.215 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 115 (CHAPTER 48, SB 67)κ
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner or to [an institutional] a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;
2. [An institutional pharmacy,] A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;
3. A practitioner, or a physicians assistant if authorized by the board;
4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board;
5. A medical intern in the course of his internship;
6. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs; [or]
7. A registered nurse employed at an institution of the department of prisons to an offender in that institution [,] ; or
8. A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the board,
except that no person may dispense a dangerous drug in violation of a regulation adopted by the board.
Sec. 44. 1. Sections 1 and 3 of chapter 689, Statutes of Nevada 1987, at pages 1659 and 1661, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 354.59805 is hereby amended to read as follows:
354.59805 1. Except as otherwise provided in NRS 354.59816 and section 1 of 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 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,] Assembly Bill No. 251 of this session, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
[1.] (a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation excluding the assessed valuation attributable to a redevelopment area or tax increment area as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this [subsection:
(a)] paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
κ1989 Statutes of Nevada, Page 116 (CHAPTER 48, SB 67)κ
[(b)] (2) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
[2.] (b) Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before March 15 preceding the fiscal year to which it applies. A local government may, on or before April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
[3.] (c) Then reducing the amount resulting from [subsections 1 and 2] paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
2. For the purpose of calculating the applicable limits provided in this section and NRS 354.59811 and 354.59816 for a fire protection district, the county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.
Sec. 3. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Percent-
Political Subdivision age
Churchill County.............................................................................. 3.23
City of North Las Vegas.................................................................. 46.52
City of Carlin..................................................................................... 2.72
Esmeralda County........................................................................... .20
Eureka County.................................................................................. .71
City of Winnemucca........................................................................ 5.56
City of Caliente................................................................................. .46
City of Yerington.............................................................................. 4.77
Mineral County................................................................................. 9.96
City of Gabbs.................................................................................... 4.31
Pershing County................................................................................ 2.52
City of Lovelock............................................................................... 5.77
White Pine County........................................................................... 5.37
City of Ely.......................................................................................... 7.90 For the fiscal year beginning July 1, 1981, the monthly amount is $71,110.
κ1989 Statutes of Nevada, Page 117 (CHAPTER 48, SB 67)κ
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion with each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding net proceeds of mines, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
(c) Of a local government listed in subsection 1 of section 1 of Assembly Bill No. 698 of this session does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
κ1989 Statutes of Nevada, Page 118 (CHAPTER 48, SB 67)κ
5. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
2. Chapter 689, Statutes of Nevada 1987, at page 1659, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4. Sections 1 and 3 of this act become effective at 12:01 a.m. on July 1, 1987.
Sec. 45. Section 2 of chapter 695, Statutes of Nevada 1987, at page 1672,is hereby amended to read as follows:
Sec. 2. NRS 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.030 to 231.130, inclusive, [and] sections 2 to 5, inclusive, of [this act,] chapter 661, Statutes of Nevada 1987, and section 1 of this act, unless the context otherwise requires, motion pictures includes films to be shown in theaters and on television, industrial, training and educational films, commercials for television, and video discs and tapes.
Sec. 46. 1. Section 9 of chapter 706, Statutes of Nevada 1987, at page 1686, is hereby amended to read as follows:
Sec. 9. NRS 354.59811 is hereby amended to read as follows:
354.59811 For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding net proceeds of mines [,] and the assessed valuation attributable to a redevelopment area or tax increment area, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.
2. This rate must then be applied to the total assessed valuation, excluding net proceeds of mines but including new real property, possessory interests and mobile homes, for the current fiscal year.
2. Sections 10 and 19 of chapter 706, Statutes of Nevada 1987, at pages 1686 and 1693, respectively, are hereby amended to read respectively as follows:
Sec. 10. NRS 354.59816 is hereby amended to read as follows:
354.59816 1. For the fiscal years beginning on and after July 1, 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including the assessed valuation of property on the central assessment roll allocated to the local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year.
κ1989 Statutes of Nevada, Page 119 (CHAPTER 48, SB 67)κ
the local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government, including the assessed valuation of property added to the central assessment roll in the past year and allocable to the local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation, including the assessed valuation of property on the central assessment roll allocable to the local government but excluding net proceeds of mines, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
2. If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.
3. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
Sec. 19. NRS 482.181 is hereby amended to read as follows:
482.181 1. [The] Except as otherwise provided in subsection 3, the department shall certify monthly to the state board of examiners the amount of privilege tax collected for each county by the department and its agents during the preceding month, and that the money must be distributed monthly as provided in this section.
2. The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but it the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
κ1989 Statutes of Nevada, Page 120 (CHAPTER 48, SB 67)κ
higher rate must be used to determine the amount attributable to debt service.
3. An amount equal to any privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
4. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[4.] 5. The department shall make distributions directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 47. Section 27 of chapter 727, Statutes of Nevada 1987, at page 1776, is hereby amended to read as follows:
Sec. 27. The removal of ground water from any basin in Nevada, to alleviate potential hazards to persons and property resulting from the rise of ground water caused by secondary recharge, is hereby declared to be a beneficial use if it is accomplished pursuant to the terms and conditions of a waiver issued pursuant to paragraph (c) of subsection 2 of NRS 534.050.
Sec. 48. 1. Sections 1 and 11.6 of chapter 740, Statutes of Nevada 1987, at pages 1793 and 1800, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a [registration fee of $15.] fee for registration of $17.
2. For every motorcycle, a [registration fee of $15.] fee for registration of $17.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. For every motor vehicle there is an additional fee of $5 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
5. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
6. For every travel trailer, a [registration fee of $15.] fee for registration of $17.
Sec. 11.6. NRS 408.137 is hereby amended to read as follows:
408.137 1. Whenever the legislature is not in session, the [board] director may borrow, with the approval of the state board of examiners, money from financial institutions for short periods to carry out the responsibilities of the department.
κ1989 Statutes of Nevada, Page 121 (CHAPTER 48, SB 67)κ
money from financial institutions for short periods to carry out the responsibilities of the department.
2. To secure short-term financing, the [board] director may pledge only revenue which [it] he anticipates the department will receive.
3. The lending institution has no claim against the state, and may recover from the [board] director under the loan agreement only to the extent that the revenues pledged as security for the loan become available.
2. Section 11 of chapter 740, Statutes of Nevada 1987, at page 1799, is hereby repealed.
Sec. 49. 1. Sections 8 and 12 of chapter 748, Statutes of Nevada 1987, at pages 1854 and 1856 respectively, are hereby amended to read respectively as follows:
Sec. 8. NRS 635.070 is hereby amended to read as follows:
635.070 Without unnecessary delay after the examination, the board shall act on the examination. If an applicant is found qualified, he must be [registered and licensed] issued a license to practice podiatry, or as a podiatry hygienist, as the case may be . [, and is entitled to receive in testimony thereof a certificate signed by the president and the secretary of the board.]
Sec. 12. NRS 635.115 is hereby amended to read as follows:
635.115 1. [Each] Every even-numbered year each podiatrist must, at the time of paying the annual [fee for registration,] renewal fee, present to the secretary of the board satisfactory evidence that during the preceding 2 years he attended at least 50 hours of instruction in courses approved by the board for purposes of continuing professional education [.] and is currently certified in the techniques of administering cardiopulmonary resuscitation. The board may waive all or part of the requirement of continuing education in a particular year if the podiatrist was prevented from that attendance by circumstances beyond his control.
2. If a podiatrist fails to provide proof of his continuing education and does not obtain a waiver from the board, [the secretary shall not renew] his license [.] must not be renewed.
2. Section 13 of chapter 748, Statutes of Nevada 1987, at page 1856, is hereby amended to read as follows:
Sec. 13. NRS 635.130 is hereby amended to read as follows:
635.130 1. The board [may revoke any certificate it has issued] , after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:
(a) Refuse to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $1,000.
2. The board may take disciplinary action against a licensee for any of the following causes:
[1.] (a) The making of a false statement in any affidavit required of the applicant for application, examination or [registration] licensure under this chapter.
κ1989 Statutes of Nevada, Page 122 (CHAPTER 48, SB 67)κ
[2. Lending the use of the holders name to an unregistered person.
3.] (b) Lending the use of the holders name to an unlicensed person.
(c) If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
[4.] (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.
[5.] (e) Conviction of a crime involving moral turpitude.
[6.] (f) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
[7.] (g) The commission of fraud by or on behalf of the licensee regarding his license or practice.
[8.] (h) Gross incompetency.
[9.] (i) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.
[10.] (j) False representation by or on behalf of the licensee regarding his practice.
[11.] (k) Unethical or unprofessional conduct.
[12. Willful and]
(l) Willful or repeated violations of this chapter or regulations adopted by the board.
[13.] (m) Willful violation of the regulations adopted by the state board of pharmacy.
3. Section 16 of chapter 748, Statutes of Nevada 1987, at page 1857, is hereby amended to read as follows:
Sec. 16. Sections 8, 12 and 13 of this act become effective as 12:01 a.m. on July 1, 1987.
Sec. 50. Sections 63, 389, 423 and 424 of chapter 758, Statutes of Nevada 1987, at pages 1897, 2011, 2022 and 2023, respectively, are hereby amended to read respectively as follows:
Sec. 63. NRS 657.005 is hereby amended to read as follows:
657.005 As used in this Title, except as otherwise specifically provided or the context otherwise requires, the words and terms defined in NRS [657.011] 657.016 to 657.085, inclusive, and section 62 of this act, have the meanings ascribed to them in those sections.
Sec. 389. NRS 677.630 is hereby amended to read as follows:
677.630 1. A licensee may purchase, hold, develop and convey real property, including apartments and other buildings, for the following purposes only:
(a) Real property conveyed to it in satisfaction of debts contracted in the course of its business.
(b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees sales under deeds of trust under securities held by it. A licensee shall not bid against its debtor at any such sale in a larger amount than is necessary to satisfy its debt and costs.
κ1989 Statutes of Nevada, Page 123 (CHAPTER 48, SB 67)κ
(c) Real property necessary as premises for the transaction of its business. A licensee shall not invest directly or indirectly an amount exceeding one-third of its paid-up capital and surplus in the lot and building in which the business of the company is carried on, furniture and fixtures, and vaults, necessary and proper to carry on its business.
(d) Real property purchased or held for the purpose of development. An investment for this purpose must not exceed the market value of the property as evidenced by an appraisal prepared within 120 days before the investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers or the Independent Fee Appraisers Society, or by an appraiser approved by the [administrator.] commissioner. Before the investment is made:
(1) The license shall provide the [administrator] commissioner with a certified copy of one or more appraisal reports and a report from a title insurer which shows the chain of title and the amount of consideration for which the title was transferred, if that information is available, for at least 3 years.
(2) The [administrator] commissioner may require a statement from the licensee disclosing whether any director, officer or employee of the licensee has, or has had within the last 3 years, any direct or indirect interest in the property. For the purposes of this subparagraph, interest includes ownership of stock in a corporation which has an interest in the property.
If the total amount to be invested in real property for residential development exceeds its capital accounts or 10 percent of the total deposits of the licensee, whichever is less, the investment may not be made without the written approval of the [administrator.] commissioner. Any person who fails to make a disclosure required by this section is guilty of a misdemeanor.
2. No real estate acquired pursuant to paragraph (a) or (b) of subsection 1 may be held for a longer period than 5 years unless it has been improved by the licensee and is producing a fair income based upon the appraised value.
Sec. 423. Section 24.5 of chapter 656, Statutes of Nevada 1985, is hereby amended to read as follows:
Sec. 24.5 NRS 666.205 is hereby amended to read as follows:
666.205 1. The commissioner may apply to the district court for an order compelling compliance with any provision of NRS 666.065 to 666.195, inclusive. The court may award the commissioner the costs of bringing the action and attorneys fees.
2. The commissioner may bring an action against a person who violates a court order or injunction issued pursuant to this section of NRS 666.065 to 666.195, inclusive, to recover a civil penalty of not more than $10,000 for each violation.
3. The commissioner may bring an action to require a [bank] holding company for a depository institution which acquired a [bank] depository institution in Nevada [pursuant to NRS 666.132] to divest itself of all interest in the acquired [bank] institution if the [bank] holding company violates:
κ1989 Statutes of Nevada, Page 124 (CHAPTER 48, SB 67)κ
666.132] to divest itself of all interest in the acquired [bank] institution if the [bank] holding company violates:
(a) An order to cease and desist issued pursuant to NRS 666.175; or
(b) A court order or injunction issued pursuant to this section or NRS 666.065 to 666.195, inclusive.
Sec. 424. Section 35 of chapter 656, Statutes of Nevada 1985, is hereby amended to read as follows:
Sec. 35. Section 17 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 17. The commissioner may examine and supervise any foreign depository institution or holding company which has been authorized to do business in this state . [pursuant to section 14 of this act.] Such institutions and holding companies are subject to regulation in the same manner as institutions and holding companies organized under the laws of this state and must pay the same fees for supervision and examination.
Sec. 51. Section 6 of chapter 762, Statutes of Nevada 1987, at page 2028, is hereby amended to read as follows:
Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
An owner of a house of prostitution, the person who operates the house or his agent who employs or continues to employ a prostitute after he knows or should know that the prostitute has tested positive in a test approved by regulation of the state board of health for exposure to the human immunodeficiency virus, is liable for any damages caused to a person exposed to the virus as a result of the employment.
Sec. 52. Section 2 of chapter 771, Statutes of Nevada 1987, at page 2047, is hereby amended to read as follows:
Sec. 2. 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,] Assembly Bill No. 130 of this session, and section 1 of this act, have the meaning ascribed to them in those sections.
Sec. 53. Sections 29 and 32 of chapter 775, Statutes of Nevada 1987, at pages 2064 and 2066, respectively, are hereby amended to read respectively as follows:
Sec. 29. NRS 630A.340 is hereby amended to read as follows:
630A.340 The following acts, among others, constitute grounds for initiating disciplinary action [pursuant to this chapter are:] or denying the issuance of a license:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS [.] ;
(b) A felony [.] ;
κ1989 Statutes of Nevada, Page 125 (CHAPTER 48, SB 67)κ
(c) Any offense involving moral turpitude [.] ; or
(d) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.
A plea of nolo contendere to any offense listed in paragraph (a), (b), (c) or (d) shall be deemed a conviction.
3. Suspension , [or] revocation , modification or limitation of [the] a license to practice any type of medicine by any other jurisdiction.
4. Surrender of a license to practice any type of medicine or the discontinuance of the practice of medicine while under investigation by any licensing authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.
5. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
[5.] 6. Professional incompetence.
Sec. 32. NRS 630A.370 is hereby amended to read as follows:
630A.370 The following acts, among others, constitute [unprofessional conduct:
1. Habitual drunkenness or habitual addiction to the use of a controlled substance.] grounds for initiating disciplinary action or denying the issuance of a license:
1. Inability to practice homeopathic medicine with reasonable skill and safety because of an illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other addictive substance.
2. Engaging in any:
(a) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
3. Administering, dispensing or prescribing any controlled substance, [or any dangerous drug as defined in chapter 454 of NRS, other than in the course of legitimate professional practice or] except as authorized by law.
4. Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body to cause an abortion.
5. Practicing or offering to practice beyond the scope permitted by law, or performing services which the homeopathic physician knows or has reason to know he is not competent to perform.
6. Performing any procedure without first obtaining the informed consent of the patient or his family or prescribing any therapy which by the current standards of the practice of homeopathic medicine is experimental.
7. Continued failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing who practice homeopathy and electrodiagnosis.
Sec. 54. 1. Section 5 of chapter 782, Statutes of Nevada 1987, at page 2088, is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 126 (CHAPTER 48, SB 67)κ
Sec. 5. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The fund for education and recovery relating to manufactured housing is hereby created as a special revenue fund [for the purpose of satisfying] to satisfy claims against persons licensed under this chapter. Any balance in the fund over $500,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:
(a) For a dealers or manufacturers original license, or an original limited dealers license issued pursuant to section 2 of this act, of $1,000.
(b) For a dealers or manufacturers renewal license, or a renewal limited dealers license issued pursuant to section 2 of this act, of $600.
(c) For an original or renewal license for:
(1) A serviceman, rebuilder or installer, of $150.
(2) A salesman, of $25.
(3) A responsible managing employee, of $50.
Fees collected pursuant to this section must be deposited in the state treasury for credit to the fund.
3. Payments from the fund must be made only upon an appropriate court order.
2. Chapter 782, Statutes of Nevada 1987, at page 2087, is hereby amended by adding thereto a new section to be designated as section 6, immediately following section 5, to read as follows:
Sec. 6. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1987.
Sec. 55. Section 71 of chapter 786, Statutes of Nevada 1987, at page 2108, is hereby amended to read as follows:
Sec. 71. Whenever practicable the board shall apply the rules of evidence then prevailing in the federal courts under the Federal Rules of Evidence.
Sec. 56. Sections 28 and 53 of chapter 788, Statutes of Nevada 1987, at pages 2127 and 2134, respectively, are hereby amended to read respectively as follows:
Sec. 28. NRS 641A.310 is hereby amended to read as follows:
641A.310 The board may refuse to grant a [certificate] license or may suspend or revoke a [certificate] license for any of the following reasons:
1. Conviction of a felony, or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof. [The board may inquire into the circumstances surrounding the commission of the offense in order to fix the degree of discipline advisable or to determine whether such a conviction is an offense involving moral turpitude.]
2. Habitual drunkenness or addiction to the use of a controlled substance.
κ1989 Statutes of Nevada, Page 127 (CHAPTER 48, SB 67)κ
3. Impersonating a [certified] licensed marriage and family [counselor] therapist or allowing another person to use his [certificate.] license.
4. Using fraud or deception in applying for a [certificate] license or in passing the examination provided for in this chapter.
5. Rendering or offering to render services outside the area of his training, experience or competence.
6. Committing unethical practices contrary to the interest of the public as [deemed] determined by the board.
7. Unprofessional conduct as determined by the board.
8. Negligence, fraud or deception in connection with services he is licensed to provide pursuant to this chapter.
Sec. 53. Section 5 of chapter 634, Statutes of Nevada 1985, as last amended by chapter 484, Statutes of Nevada 1987, at page 1124, is hereby amended to read as follows:
Sec. 5. NRS 433.209 is hereby amended to read as follows:
433.209 Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in the State of Nevada [;] and certified by the American Board of Psychiatry and Neurology;
2. A psychologist certified to practice in this state ; [or employed as such by the division;]
3. A social worker who holds a masters degree in social work, [or is a candidate for that degree] is licensed by the state as a clinical social worker and is employed by the division;
4. A registered nurse who [holds a masters degree in the field of psychiatric nursing and is] :
(a) Is licensed to practice professional nursing in this state;
(b) Holds a masters degree in the field of psychiatric nursing; and
(c) Is employed by the division; or
5. A marriage and family therapist licensed pursuant to chapter 641A of NRS.
Sec. 57. Section 1 of chapter 792, Statutes of Nevada 1987, at page 2143, is hereby amended to read as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department of motor vehicles and public safety shall inquire of each qualified elector who applies in person to register a motor vehicle, for the issuance, renewal or correction of any type of drivers license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.
2. If the elector desires to complete an application for registration, he shall complete and sign an affidavit containing the following statement: I ................................, do solemnly swear (or affirm) under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuring election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, county of ................................,
κ1989 Statutes of Nevada, Page 128 (CHAPTER 48, SB 67)κ
and will have continuously resided in the State of Nevada, county of ................................, at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear (or affirm) under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence.
3. For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of the affidavit and application. The authorized employee shall check the application for completeness and verify the information required by the affidavit of registration. The authorized employee shall stamp the application for registration to validate it and shall provide the applicant with a receipt verifying the submission of the application. The department shall, except as otherwise provided in this subsection, forward each such application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election the applications must be forwarded daily.
4. Upon receipt of such an application, the county clerk or registrar of voters shall determine whether the application is complete. If he determines that the application is complete, the applicant shall be deemed registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant by mail at the mailing address stated on the application of the additional information required. The applicant shall be deemed registered as of the date of the initial submission of the application if the additional information is provided before the close of registration. If the applicant has not provided the additional information before the close of registration, the incomplete application is void.
5. The secretary of state shall, with the approval of the director of the department of motor vehicles and public safety, adopt regulations which:
(a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;
(b) Provide for the form of the application of registration to be used by the department of motor vehicles and public safety; and
(c) Provide for the transfer of the completed applications of registration from the department of motor vehicles and public safety to the appropriate county clerk or registrar of voters for inclusion in the election board registers and registrar of voters register.
Sec. 58. 1. Sections 5, 26, 28 and 30 of chapter 800, Statutes of Nevada 1987, at pages 2207, 2218, 2220 and 2221, respectively, are hereby amended to read respectively as follows:
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] section 2 of chapter 455, Statutes of Nevada 1987, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.
κ1989 Statutes of Nevada, Page 129 (CHAPTER 48, SB 67)κ
sections 3 and 4 of this act, have the meanings ascribed to them in those sections.
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 therapist, 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.
(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.
κ1989 Statutes of Nevada, Page 130 (CHAPTER 48, SB 67)κ
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. 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 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 therapist, 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;
κ1989 Statutes of Nevada, Page 131 (CHAPTER 48, SB 67)κ
(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.
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. 30. Sections 5, 19, 20, 26 and 28 of this act become effective as 12:01 a.m. on July 1, 1987.
2. Section 23 of chapter 800, Statutes of Nevada 1987, at page 2217, is hereby repealed.
Sec. 59. 1. Sections 2 to 7, inclusive of chapter 803, Statutes of Nevada 1987, at pages 2223 and 2224, are hereby amended to read respectively as follows:
Sec. 2. NRS 658.096 is hereby amended to read as follows:
658.096 1. The commissioner 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 commissioner deems necessary. All money received by the commissioner 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.
κ1989 Statutes of Nevada, Page 132 (CHAPTER 48, SB 67)κ
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 commissioner 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 commissioner shall examine the corporation as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the commissioner and more frequently upon the order of the commissioner. The commissioner 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 commissioner 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.] report of the examination at the rate established pursuant to section 1 of this act.
4. The commissioner 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 commissioner shall examine the corporation as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the commissioner and more frequently upon the order of the commissioner. The commissioner 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 commissioner 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 commissioner 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 commissioner shall examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensees business, and the commissioner may conduct such examinations at additional times.
κ1989 Statutes of Nevada, Page 133 (CHAPTER 48, SB 67)κ
any other documents relevant to the conduct of the licensees business, and the commissioner may conduct such examinations at additional times.
2. For the purpose of the examinations, the commissioner 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 and entry or access is a violation of this chapter.
3. For each examination the commissioner 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 commissioner 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 commissioner 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 commissioner 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.
(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.
2. Sections 8 to 11, inclusive, of chapter 803, Statutes of Nevada 1987, at pages 2225 and 2226, are hereby amended to read respectively as follows:
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 license as a collection agency. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
κ1989 Statutes of Nevada, Page 134 (CHAPTER 48, SB 67)κ
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 commissioner, must be charged for each original license issued. A fee of $200 must be charged for each annual renewal of a license.
3. A fee of $10 must be charged for each duplicate license or license for a transfer of location issued.
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a license as a collection agency.
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 commissioner for good cause shown.
8. A nonrefundable fee of $125 for the application and an examination must accompany each application for a permit to operate a branch office of a licensed collection agency. A fee of $100 must be charged for each annual renewal of such a permit.
9. For each examination the commissioner 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. Failure to pay the fee within 30 days after receipt of the bill is a ground for revoking the collection agencys license.
10. Except as otherwise provided in subsection 1, all money received by the commissioner under this chapter must be deposited in the state treasury for credit to the state general fund.
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 commissioner 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 commissioner 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 commissioner 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 commissioner.
κ1989 Statutes of Nevada, Page 135 (CHAPTER 48, SB 67)κ
3. One section of the annual report must contain such other information as the commissioner may require to be furnished. This section need not be published and must be treated as confidential by the commissioner.
4. Every association shall pay to the commissioner 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 commissioner 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 commissioner 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 commissioner 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 commissioner 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 commissioner 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. 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 commissioner 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.
κ1989 Statutes of Nevada, Page 136 (CHAPTER 48, SB 67)κ
4. All sums so received by the commissioner must be forthwith delivered to the state treasurer and must be paid into the state general fund.
3. Sections 12 and 13 of chapter 803, Statutes of Nevada 1987, at page 2227, are hereby amended to read respectively as follows:
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 commissioner 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 commissioner or his authorized representatives must be allowed free access to the offices, files, safes and vaults of such licensees.
3. For each examination the commissioner 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 commissioner 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 commissioner 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.
4. Chapter 803, Statutes of Nevada 1987, at page 2222, is hereby amended by adding thereto a new section designated as section 15, immediately following section 14, to read as follows:
Sec. 15. Sections 2 to 13, inclusive, of this act become effective at 12:01 a.m. on July 1, 1987.
Sec. 60. 1. Section 3 of chapter 809, Statutes of Nevada 1987, at page 2255, is hereby amended to read as follows:
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, unless the context otherwise requires, the words and terms defined in NRS 706.016 to 706.146, inclusive, and section 25 of [this act,] chapter 725, Statutes of Nevada 1987, have the meanings ascribed to them in those sections.
2. Chapter 809, Statutes of Nevada 1987, at page 2255, is hereby amended by adding thereto a new section to be designated as section 12, immediately following section 11, to read as follows:
Sec. 12. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1987.
κ1989 Statutes of Nevada, Page 137 (CHAPTER 48, SB 67)κ
Sec. 61. Section 1 of chapter 810, Statutes of Nevada 1987, at page 2261, is hereby amended to read 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 [8 to 10 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 [11 to 16] 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 16 games, the sum of $1,000 for each game to and including 16 games and the sum of $200 for each game in excess of 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 races held at a track which uses the pari-mutuel system of wagering located outside of the State of Nevada, or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be deemed a game within the meaning of this section.
3. All licenses must be issued for the calendar year beginning January 1 and expiring December 31. If the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. If the operation is new or has been temporarily closed with the approval of the board, the commission shall prorate the license fee on a monthly basis. If any licensee desires to enlarge his operations during the calendar year, he must, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and is entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
κ1989 Statutes of Nevada, Page 138 (CHAPTER 48, SB 67)κ
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, are not gambling games under the provision of this section.
5. All games operated or conducted in one room or a group of rooms in the same or a contiguous building are considered one operation 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. 62. This act becomes effective upon passage and approval.
________
Assembly Bill No. 92Assemblymen Gaston, Wisdom, Regan, Wendell Williams, Diamond, Porter, Spriggs, McGinness, Chowning, Triggs, Carpenter, Myrna Williams, Schofield, DuBois, Swain, Evans, Sheerin, Garner and Nevin
CHAPTER 49
AN ACT relating to domestic violence; providing mandatory penalties where the violation of an order for protection is accompanied by a violent physical act; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.100 is hereby amended to read as follows:
33.100 1. Any person who violates a temporary or extended order is guilty of a misdemeanor [.] , unless a more severe penalty is prescribed by law for the act which constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:
(a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of 100 hours of work for the community;
(b) Sentence him to imprisonment in the county jail for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the applicant, in an amount as determined by the court, for all costs and attorneys fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and any minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
κ1989 Statutes of Nevada, Page 139 (CHAPTER 49, AB 92)κ
2. The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.
________
Senate Bill No. 7Senator Jacobsen
CHAPTER 50
AN ACT relating to governmental affairs; authorizing the director of the department of general services to contract for the minting of certain medallions and bars; limiting the use of the state seal; establishing a program to provide counties with money to abate dangerous conditions resulting from mining practices which took place at mines that are no longer operating; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 3 to 6, inclusive, of this act, unless the context otherwise requires, director means the director of the department of general services.
Sec. 3. 1. The director, after consulting with the executive director of the commission on tourism, the administrator of the department of museums and history and the executive director of the department of minerals, may contract with a mint to produce medallions made of gold, silver, platinum or non-precious metals and bars made of gold, silver or platinum.
2. The decision of the director to award a contract to a particular mint must be based on the ability of the mint to:
(a) Provide a product of the highest quality;
(b) Advertise and market the product property, including the promotion of museums and tourism in this state; and
(c) Comply with the requirements of the contract.
3. The director shall award the contract to the lowest responsible bidder, except that if in his judgment no satisfactory bid has been received, he may reject all bids.
4. All bids for the contract must be solicited in the manner prescribed in NRS 333.310 and comply with the provisions of NRS 333.330.
Sec. 4. 1. The ore used to produce a medallion or bar must be mined in Nevada, if the ore is available. If it is not available, ore newly mined in the United States may be used. Each medallion or bar made of gold, silver or platinum must be 0.999 fine. Additional series of medallions made of gold, silver or platinum at degrees of fineness of 0.900 or greater may be approved by the director with the concurrence of the interim finance committee. The degree of fineness of the materials used must be clearly indicated on each medallion.
2. Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25 ounce and 0.1 ounce.
κ1989 Statutes of Nevada, Page 140 (CHAPTER 50, SB 7)κ
3. Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and 100 ounces.
4. Each medallion must bear on its obverse The Great Seal of the State of Nevada and on its reverse a design selected by the director, in consultation with the executive director of the commission on tourism, the administrator of the department of museums and history and the executive director of the department of minerals.
Sec. 5. 1. The director shall set and collect a royalty for the use of The Great Seal of the State of Nevada from the mint which produces the medallions or bars. The amount of the royalty must be:
(a) Based on the usual and customary fee charged as a commission by dealers of similar medallions or bars; and
(b) Adjusted at least once each year to ensure it is competitive with the usual and customary fee.
2. The director shall report every 6 months to the legislature, if it is in session, or to the interim finance committee, if the legislature is not in session. The report must contain:
(a) The amount of the royalties being charged; and
(b) The information used to determine the usual and customary fee charged by dealers.
3. The money collected pursuant to this section must be deposited in the fund for the department of minerals created pursuant to NRS 513.103.
Sec. 6. NRS 235.010 is hereby amended to read as follows:
235.010 1. There [shall] must be a seal of the State of Nevada called The Great Seal of the State of Nevada, the design of which [shall be] is as follows: In the foreground, there [shall] must be two large mountains, at the base of which, on the right, there [shall] must be located a quartz mill, and on the left a tunnel, penetrating the silver leads of the mountain, with a miner running out a carload of ore, and a team loaded with ore for the mill. Immediately in the foreground, there [shall] must be emblems indicative of the agricultural resources of the state, as follows: A plow, a sheaf and sickle. In the middle ground, there [shall] must be a railroad train passing a mountain gorge and a telegraph line extending along the line of the railroad. In the extreme background, there [shall] must be a range of snow-clad mountains, with the rising sun in the east. Thirty six stars and the motto of our state, All for Our Country, [shall] must encircle the whole group. In an outer circle, the words The Great Seal of the State of Nevada [shall] must be engraved with Nevada at the base of the seal and separated from the other words by two groups of three stars each.
2. The size of the seal [shall] must not be more than 2 3/4 inches in diameter.
3. The seal [shall] must be kept by the governor and used by him officially. The secretary of state [shall] must have access to the seal at all times, and may use it in the verification of all his official acts.
4. [Every] A reproduction or facsimile of the seal may only be used:
(a) With the written permission of the governor;
(b) In the performance of official acts by an agency of one of the branches of state government;
κ1989 Statutes of Nevada, Page 141 (CHAPTER 50, SB 7)κ
(c) On items distributed by an agency of one of the branches of state government which are not necessary to carry out the duties of that agency, if the use of the reproduction or facsimile is approved by the head of that agency;
(d) On medallions or bars minted pursuant to the direction of the director; or
(e) As otherwise permitted by a specific statute.
5. Except as otherwise provided in NRS 205.175, a person who [maliciously or with intent to mislead or defraud uses,] uses or allows to be used, any reproduction or facsimile of [the great seal of the State of Nevada, in any manner whatsoever, shall be] The Great Seal of the State of Nevada in violation of subsection 4 is guilty of a misdemeanor.
Sec. 7. Chapter 513 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners in each county may apply to the department for money to abate a dangerous condition resulting from mining practices which took place at a mine that is no longer operating.
2. The department shall, within the limits of the money available pursuant to paragraphs (b) and (c) of NRS 513.103, provide counties with money to abate such dangerous conditions based on the relative degree of danger of those conditions.
3. If a county which receives money from the department subsequently receives monetary compensation from the mine owner or other person responsible for the existence of the dangerous condition, it shall reimburse the department to the extent of the compensation received. Any money received by the department pursuant to this subsection must be deposited in the fund for the department of minerals created pursuant to NRS 513.103.
Sec. 8. NRS 513.103 is hereby amended to read as follows:
513.103 1. The fund for the department of minerals is hereby created in the state treasury as a special revenue fund.
2. The following special fees and money must be deposited in the fund:
(a) All fees collected [under] pursuant to NRS 513.094, 517.185 and chapter 522 of NRS.
(b) All money collected pursuant to section 5 of this act.
(c) Any money received by the department from a county pursuant to section 7 of this act.
(d) Any money appropriated to the department from the state general fund.
3. No money except that appropriated from the state general fund reverts to the state general fund.
4. The money in the fund is appropriated to the department . [and] The money deposited in the fund pursuant to paragraph (a) of subsection 2, and the interest earned thereon, must be expended for the purposes of administering chapter 522 of NRS and the provisions of this chapter [and chapter 522 of NRS.] , except for section 7 of this act. The money deposited pursuant to paragraphs (b) and (c) of subsection 2, and the interest earned thereon, must be distributed to the counties pursuant to section 7 of this act, except that portion required to pay the cost of administering the provisions of that section.
κ1989 Statutes of Nevada, Page 142 (CHAPTER 50, SB 7)κ
portion required to pay the cost of administering the provisions of that section. All interest earned on the fund must remain in the fund.
Sec. 9. 1. The director of the department of general services, in consultation with the executive director of the commission on tourism, the administrator of the department of museums and history and the executive director of the department of minerals, shall conduct a contest to select the design for the reverse of one or more medallions minted pursuant to section 3 of this act.
2. The theme of the design must be related to Nevada and the artist must be a resident of Nevada. The director of the department of general services shall determine the rules for the contest, including the number and identity of the judges.
3. Prizes must be given for the designs awarded first, second and third place by the judges. The prize for first place must be the first 1-ounce medallion minted. The prize for second place must be the first 0.5-ounce medallion minted. The prize for third place must be the first 0.25-ounce medallion minted.
Sec. 10. This act becomes effective upon passage and approval.
________
Senate Bill No. 153Committee on Finance
CHAPTER 51
AN ACT relating to legislative employees; clarifying the method for establishing the compensation of the chief clerk of the assembly and the secretary of the senate; ratifying and directing the payment of their current salaries; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The compensation of the secretary of the senate and the chief clerk of the assembly must be provided for in the budget for the legislature for the ensuing biennium. The compensation:
(a) Must include an annual salary payable on a biweekly basis. The salary must not be increased during the biennium unless otherwise provided by a legislative act; and
(b) Must not include compensation for overtime.
2. Except as otherwise provided in this section, the secretary of the senate and the chief clerk of the assembly are subject to the same requirements of and entitled to the same benefits and rights as specified for employees of the legislative counsel bureau. For the purposes of this subsection, references in the statutes and in the rules and policies of the legislative counsel bureau to the chief of a division or the director of the legislative counsel bureau must be replaced by:
κ1989 Statutes of Nevada, Page 143 (CHAPTER 51, SB 153)κ
(a) The majority leader of the senate in the case of the secretary of the senate.
(b) The speaker of the assembly in the case of the chief clerk of the assembly.
3. Notwithstanding the provisions of subsection 2, the secretary of the senate and the chief clerk of the assembly are not employees of the legislative counsel bureau.
Sec. 2. 1. The legislature hereby declares that:
(a) The purpose of Senate Bill No. 594 of the sixty-fourth session of the Nevada legislature was to make the secretary of the senate and the chief clerk of the assembly full-time employees of the legislature and to require the establishment of a salary payable throughout the ensuing biennium for each office.
(b) The legislature inadvertently budgeted for the payment of those salaries for only the first three-quarters of the biennium.
(c) The legislature did not intend for the salaries payable to those officers to end or to change during the last quarter of the biennium.
(d) The salaries to be paid during the last quarter of this biennium to those officers is the amount fixed by law during the sixty-fourth session of the Nevada legislature and included in the budget for the interim operations of the legislature.
2. The legislature hereby:
(a) Ratifies the payment of the secretary of the senate and the chief clerk of the assembly from January 1, 1989, through the effective date of this act; and
(b) Directs continued payment of the secretary of the senate and the chief clerk of the assembly from the effective date of this act through June 30, 1989,
at the rate in effect for those officers on December 31, 1988.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 280Committee on Judiciary
CHAPTER 52
AN ACT relating to dangerous weapons; revising provisions governing the disposition of confiscated weapons; authorizing a metropolitan police department to keep the money from the sale of certain confiscated weapons; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.340 is hereby amended to read as follows:
202.340 1. When any one or more of the instruments or weapons described in NRS 202.350 are taken from the possession of any person charged with the commission of any public offense or crime [such] the instruments or weapons [shall] must be surrendered [:
κ1989 Statutes of Nevada, Page 144 (CHAPTER 52, AB 280)κ
(a) To the sheriff of the county wherein the same are taken; or
(b) To the] to:
(a) The head of the police force or department of an incorporated city [when] if the possession thereof [is] was detected by any member of the police force [.] of the city; or
(b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.
In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument of weapon was taken.
2. Except as provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any [such] instrument or weapon is surrendered pursuant to subsection 1 to:
(a) Retain [any such] the confiscated instrument or weapon for use by the law enforcement agency headed by [such officer.] the officer;
(b) Sell [any such] the confiscated instrument or weapon to another law enforcement agency at a price not less than its prevailing market value [.] ; or
(c) Sell [any such] the confiscated instrument or weapon at a public auction to be held at least once in each year, after notice [of such public] giving the place and time of the auction and describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.
3. All proceeds of [the sales provided for in] a sale ordered pursuant to subsection 2 [shall] by:
(a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit [such] the proceeds to the general fund of [such] the county or city.
(b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.
4. Any officer receiving an order as provided in subsection 2 shall comply with [such] the order as soon as practicable.
5. The officer to whom [any such] a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:
(a) Destroy or direct to be destroyed [such] any instrument or weapon which is determined to be dangerous to the safety of the public.
(b) Return any instrument or weapon, which has not been destroyed pursuant to paragraph (a), upon demand , to the person from whom [such] the instrument or weapon was confiscated if [such] the person is acquitted of the public offense or crime of which he was charged.
(c) Retain [such] the confiscated instrument or weapon held by him pursuant to an order of a judge of a court of record or by direction of the attorney general or district attorney that [such] the retention is necessary for purposes of evidence, until [such] the order or direction is rescinded.
Sec. 2. Section 2 of Senate Bill No. 103 of the 65th session of the Nevada Legislature is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 145 (CHAPTER 52, AB 280)κ
Sec. 2. NRS 202.340 is hereby amended to read as follows:
202.340 1. [When any one or more] Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any of the instruments or weapons described in NRS 202.350 are taken from the possession of any person charged with the commission of any public offense or crime the instruments or weapons must be surrendered to:
(a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or
(b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.
In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.
2. Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:
(a) Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;
(b) Sell the confiscated instrument or weapon to another law enforcement agency at a price not less than its prevailing market value; or
(c) Sell the confiscated instrument or weapon at a public auction to be held at least once in each year, after notice giving the place and time of the auction and describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.
3. All proceeds of a sale ordered pursuant to subsection 2 by:
(a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.
(b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.
4. Any officer receiving an order as provided in subsection 2 shall comply with the order as soon as practicable.
5. The officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:
(a) Destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.
(b) Return any instrument or weapon, which has not been destroyed pursuant to paragraph (a), upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which he was charged.
(c) Retain the confiscated instrument or weapon held by him pursuant to the order of a judge of a court of record or by direction of the attorney general or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.
κ1989 Statutes of Nevada, Page 146 (CHAPTER 52, AB 280)κ
attorney general or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 76Assemblymen Myrna Williams, Kissam and Lambert
CHAPTER 53
AN ACT relating to local improvements; expanding the authority of the governing body of a local government which makes a special assessment to provide for payment of the assessment in installments; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.415 is hereby amended to read as follows:
271.415 1. In case of an election to pay in installments, the assessment [is payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarterly installments of principal.] may be made payable in any manner sufficient to pay the principal and interest in not less than 2 nor more than 21 years after the effective date of the assessment ordinance.
2. Interest in all cases on the unpaid balance accruing from the effective date of the assessment ordinance until the respective due dates of the installments is payable [annually, semiannually or quarterly,] at the times specified by the governing body in the assessment ordinance. The governing body shall:
(a) Before assessment bonds are issued or if bonds are not issued, fix the rate or rates of the interest on the unpaid balance of the assessment by resolution at any time after the adoption of the assessment ordinance; or
(b) If assessment bonds are sold, fix or adjust the rate or rates of interest on the unpaid balance of the assessment due after the date the bonds are sold at no more than 1 percent above the highest rate of interest payable on the assessment bonds [.
3. Nothing herein contained limits] at any maturity.
3. This section does not limit the discretion of the governing body in determining whether assessments are payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, are due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon the unpaid balance of the assessment and accrued interest after any delinquency at a rate not exceeding 2 percent per month, and any penalties and collection costs payable after delinquency.
κ1989 Statutes of Nevada, Page 147 (CHAPTER 53, AB 76)κ
not exceeding 2 percent per month, and any penalties and collection costs payable after delinquency.
5. The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided [herein] in this section and in the assessment ordinance.
________
Assembly Bill No. 78Assemblymen Myrna Williams, Kissam and Lambert
CHAPTER 54
AN ACT relating to public securities; expanding the permissible methods of repaying public securities that provide for the payment of compound interest; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 99.065 is hereby amended to read as follows:
99.065 1. Bonds or other securities issued by this state or any of its political subdivisions may provide for the payment of compound interest. The amount of the compound interest must be treated as interest and not as an addition to the principal of the bond or other security.
2. If interest is compounded on some or all of an issue of securities, [the total amount paid in each year as interest and redemption of principal, plus any amount paid into a sinking fund, must not exceed the amount which would be required to pay the interest and redeem the principal of those securities in equal installments over their term. This subsection does not prohibit or limit the payment of interest without redemption of principal during the construction of a project financed by the issuance of securities.] repayment of the securities:
(a) Must commence no later than the fifth year after issue; and
(b) If in installments, must be made no less often than annually.
________
κ1989 Statutes of Nevada, Page 148κ
Senate Bill No. 48Senator Malone
CHAPTER 55
AN ACT relating to notaries public; authorizing a peace officer who is required to be a notary public as a condition of his employment to use his business address and telephone number on an application for appointment; and providing other matters properly relating thereto.
[Approved March 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each person applying for appointment as a notary public shall:
(a) At the time he submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be approved by the clerk of the county in which the applicant resides.
2. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant who is employed as a peace officer and is required to be a notary public as a condition of that employment must not be required to disclose his residential address or telephone number on any such document which will become available to the public.
3. The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
[3.] 4. The secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary.
________
κ1989 Statutes of Nevada, Page 149κ
Assembly Bill No. 174Assemblyman Price
CHAPTER 56
AN ACT making an appropriation to the motor pool fund to replace existing vehicles and purchase additional vehicles; and providing other matters properly relating thereto.
[Approved March 31, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the motor pool fund created pursuant to NRS 336.110 the sum of $992,015 to purchase an additional 33 vehicles and to replace 83 existing vehicles in the motor pool fleet.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 15Senators Horn, Beyer, Getto, Shaffer, Coffin, Neal, Hickey, Raggio, Vergiels, Rawson, Smith, Titus, Malone, Mello, ODonnell and Jacobsen
CHAPTER 57
AN ACT relating to master plans; requiring the inclusion of a plan for the preservation of historical properties; and providing other matters properly relating thereto.
[Approved March 31, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, [shall] must include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principals governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan [shall] must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds.
κ1989 Statutes of Nevada, Page 150 (CHAPTER 57, SB 15)κ
soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan [shall] must also indicate the maximum tolerable air pollution level.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public funds in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing, Survey of housing conditions and needs and plans and procedure for improvement of housing standards and for the provision of adequate housing.
[(e)] (f) Land use plan. An inventory and classification of natural land types and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.
[(f)] (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
[(g)] (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
[(h)] (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor.
[(i)] (j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
[(j)] (k) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
[(k)] (l) Solid waste disposal plan. Showing general plans for disposal of solid waste.
[(l)] (m) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of street naming or numbering, and house numbering, with recommendations concerning proposed changes.
[(m)] (n) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(n)] (o) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, [shall be deemed to prohibit] prohibits the preparation and adoption of any such subject as a part of the master plan.
κ1989 Statutes of Nevada, Page 151 (CHAPTER 57, SB 15)κ
be deemed to prohibit] prohibits the preparation and adoption of any such subject as a part of the master plan.
________
Assembly Bill No. 6Assemblyman Sader
CHAPTER 58
AN ACT relating to securities; expanding the exemption from registration and filing requirements for certain securities; repealing the prospective expiration of the Uniform Securities Act; making technical changes; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 90.310 is hereby amended to read as follows:
90.310 1. It is unlawful for any person to transact business in this state as a broker-dealer or sales representative unless licensed or exempt from licensing under this chapter.
2. It is unlawful for any issuer [of] or any broker-dealer licensed under this chapter to employ or contract with a person as a sales representative within this state unless the sales representative is licensed or exempt from licensing under this chapter.
3. It is unlawful for a broker-dealer or an issuer engaged in offering securities in this state to employ or contract with, in connection with any of the broker-dealers or issuers activities in this state, any person who is suspended or barred from association with a broker-dealer or investment adviser by the administrator. A broker-dealer or issuer does not violate this subsection unless he knows or in the exercise of reasonable care should know of the suspension or bar. Upon request from a broker-dealer or issuer, and for good cause shown, the administrator by order may waive the prohibition of this subsection with respect to a particular person who has been suspended or barred.
Sec. 2. NRS 90.320 is hereby amended to read as follows:
90.320 1. The following broker-dealers are exempt from licensing under NRS 90.310:
(a) A broker-dealer who is registered or [, except as provided in subsection 2,] is not required to be registered under the Securities Exchange Act of 1934 and who has no place of business in this state if:
(1) The transactions effected by the broker-dealer in this state are exclusively with the issuer of the securities involved in the transactions, other broker-dealers licensed or exempt under this chapter, and financial or institutional investors;
(2) The broker-dealer is licensed under the securities laws of a state in which he maintains a place of business and he offers and sells in this state to a person who is an existing customer of the broker-dealer and whose principal place of residence is not in this state; or
κ1989 Statutes of Nevada, Page 152 (CHAPTER 58, AB 6)κ
(3) The broker-dealer is licensed under the securities laws of the state in which he maintains a place of business and during any 12 consecutive months he does not effect [more than 15] transactions with more than five persons in this state in addition to the transactions with the issuers of the securities involved in the transactions, financial or institutional investors, or broker-dealers, whether or not the offeror or an offeree is then present in this state.
(b) Other broker-dealers the administrator by regulation or order exempts.
2. The following sales representatives are exempt from licensing under NRS 90.310:
(a) A sales representative acting for a broker-dealer exempt under subsection 1;
(b) A sales representative acting for an issuer in effecting transactions in a security exempted by paragraphs (a), (b), (c), (d), (l), (m) and (n) of subsection 2 of NRS 90.520;
(c) A sales representative acting for an issuer effecting offers or sales of securities in transactions exempted by NRS 90.530;
(d) A sales representative acting for an issuer effecting transactions with employees, partners, officers or directors of the issuer, a parent or a wholly owned subsidiary of the issuer, if no commission or other similar compensation is paid or given directly or indirectly to the sales representative for soliciting an employee, partner, officer or director in this state; and
(e) Other sales representative the administrator by regulation or order exempts.
Sec. 3. NRS 90.350 is hereby amended to read as follows:
90.350 1. An applicant for licensing as a broker-dealer, sales representative or investment adviser shall file with the administrator an application for licensing and a consent to service of process pursuant to NRS 90.770 and pay the fee required by NRS 90.360. The application for licensing must contain the information the [director] administrator determines by regulation to be necessary and appropriate to facilitate the administration of this chapter.
2. The requirements of subsection 1 are satisfied by an applicant who has filed and maintains a completed and current registration with the Securities and Exchange Commission of a self-regulatory organization if the information contained in that registration is readily available to the administrator through a central depository system approved by him. Such an applicant must also file a notice with the administrator in the form and content determined by the administrator by regulation and a consent to service of process pursuant to NRS 90.770 and the fee required by NRS 90.360. The administrator, by order, may require the submission of additional information by an applicant.
Sec. 4. NRS 90.520 is hereby amended to read as follows:
90.520 1. As used in this section:
(a) Guaranteed means guaranteed as to payment of all or substantially all of principal and interest or dividends.
(b) Insured means insured as to payment of all or substantially all of principal and interest or dividends.
2. [The] Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:
(a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise unless the:
κ1989 Statutes of Nevada, Page 153 (CHAPTER 58, AB 6)κ
the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise unless the:
(1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration under [paragraph (b)] paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person; [or
(2) The security]
(2) Security is issued by this state or an agency, instrumentality or political subdivision of this state [.] ; or
(3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moodys Investor Service, Inc., or Standard and Poors Corporation.
(b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.
(c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.
(d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.
(e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:
(1) Subject to the jurisdiction of the Interstate Commerce Commission;
(2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of the act;
(3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or
κ1989 Statutes of Nevada, Page 154 (CHAPTER 58, AB 6)κ
(4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.
(f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt under this section.
(g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.
(h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(i) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the automated quotation system of the National Association of Securities Dealers, Inc., that are not included under paragraph (h), any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(j) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:
(1) Registered under NRS 90.470, 90.480 or 90.490;
(2) Exempt under this section; or
(3) Not otherwise required to be registered under this chapter.
(k) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.
(l) A promissory note, draft, bill of exchange or bankers acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.
κ1989 Statutes of Nevada, Page 155 (CHAPTER 58, AB 6)κ
(m) A security issued in connection with an employees stock purchase, savings, option, profit-sharing, pension or similar employees benefit plan.
(n) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the public.
(o) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:
(1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Advisor Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or
(2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt under this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.
3. For the purpose of paragraph (o) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
4. The exemption provided by paragraph (o) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:
(a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or
(b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.
5. An exemption provided by [any other] paragraph (c), (e) to (j), inclusive, or (l) of subsection 2 [except paragraph (k), (m) or (n) is available only if, before a sale is made, the person claiming the exemption files with the administrator a signed notice of intention to sell or issue] is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and [pays] a nonrefundable fee of $150 [.] has been paid.
Sec. 5. NRS 90.530 is hereby amended to read as follows:
90.530 The following transactions are exempt from NRS 90.460 and 90.560:
1. An isolated nonissuer transaction, whether or not effected through a broker-dealer.
κ1989 Statutes of Nevada, Page 156 (CHAPTER 58, AB 6)κ
2. A nonissuer transaction in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act of 1934 and has been subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 90 days next preceding the transaction, or has filed and maintained with the administrator for not less than 90 days preceding the transaction information, in such form as the administrator, by regulation, specifies, substantially comparable to the information the issuer would be required to file under section 12(b) or 12(g) of the Securities Exchange Act of 1934 were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act of 1934, and paid a fee with the filing of $150.
3. A nonissuer transaction in a security if a nationally recognized securities manual designated by the administrator by regulation or order contains [the] :
(a) The names of the issuers officers and directors [, a] ;
(b) A statement of financial condition of the issuer as of a date within the last 18 months [, and a] ; and
(c) A statement of income or operations [for either the last fiscal year before that date or the most recent year of operation.] :
(1) For each of the 2 years next preceding the date of the statement of financial condition; or
(2) For the period as of the date of the statement of financial condition if the period of existence is less than 2 years.
4. A nonissuer transaction in a security that has a fixed maturity or a fixed interest or dividend provision if there has been no default during the current fiscal year or within the 3 preceding years, or during the existence of the issuer, and any predecessors if less than 3 years, in the payment of principal, interest or dividends on the security.
5. A nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to purchase.
6. A transaction between the issuer or other person on whose behalf the offering of a security is made and an underwriter, or a transaction among underwriters.
7. A transaction in a bond or other evidence of indebtedness secured by a real estate mortgage, deed of trust, personal property security agreement, or by an agreement for the sale of real estate or personal property, if the entire mortgage, deed of trust or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit.
8. A transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator.
9. A transaction executed by a bona fide secured party without the purpose of evading this chapter.
10. An offer to sell or sale of a security to a financial or institutional investor or to a broker-dealer.
11. A transaction pursuant to an offer to sell securities of an issuer if:
(a) The transaction is part of an issue in which there are no more than 25 purchasers in this state, other than those designated in subsection 10, during any 12 consecutive months;
κ1989 Statutes of Nevada, Page 157 (CHAPTER 58, AB 6)κ
(b) No general solicitation or general advertising is used in connection with the offer to sell or sale of the securities;
(c) No commission or other similar compensation is paid or given, directly or indirectly, to a person, other than a broker-dealer licensed or not required to be licensed under this chapter, for soliciting a prospective purchaser in this state; and
(d) One of the following conditions is satisfied:
(1) The seller reasonably believes that all the purchasers in this state, other than those designated in subsection 10, are purchasing for investment; or
(2) Immediately before and immediately after the transaction, the issuer reasonably believes that the securities of the issuer are held by 50 or fewer beneficial owners, other than those designated in subsection 10, and the transaction is part of an aggregate offering that does not exceed $500,000 during any 12 consecutive months.
12. An offer to sell or sale of a preorganization certificate or subscription if:
(a) No commission or other similar compensation is paid or given, directly or indirectly, for soliciting a prospective subscriber;
(b) No public advertising or general solicitation is used in connection with the offer to sell or sale;
(c) The number of offers does not exceed 50;
(d) The number of subscribers does not exceed 10; and
(e) No payment is made by a subscriber.
13. An offer to sell or sale of a preorganization certificate or subscription issued in connection with the organization or a depository institution if that organization is under the supervision of an official or agency of a state or of the United States which has and exercises the authority to regulate and supervise the organization of the depository institution. For the purpose of this subsection, supervision of the organization by an official or agency means that the official or agency by law has authority to require disclosures to prospective investors similar to those required under NRS 90.490, impound proceeds from the sale of a preorganization certificate or subscription until organization of the depository institution is completed, and require refund to investors if the depository institution does not obtain a grant of authority from the appropriate official or agency.
14. A transaction pursuant to an offer to sell to existing security holders of the issuer, including persons who at the time of the transaction are holders of transferable warrants exercisable within not more than 90 days after their issuance, convertible securities or nontransferable warrants, if:
(a) No commission or other similar compensation other than a standby commission, is paid or given, directly or indirectly, for soliciting a security holder in this state; or
(b) The issuer first files a notice specifying the terms of the offer to sell , together with a nonrefundable fee of $150, and the administrator does not by order disallow the exemption within the next 5 full business days.
15. A transaction involving an offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933 if:
κ1989 Statutes of Nevada, Page 158 (CHAPTER 58, AB 6)κ
(a) A registration or offering statement or similar document as required under the Securities Act of 1933 has been filed, but is not effective;
(b) A registration statement, if required, has been filed under this chapter, but is not effective; and
(c) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the administrator or the Securities and Exchange Commission, and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.
16. A transaction involving an offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933 if:
(a) A registration statement has been filed under this chapter, but is not effective; and
(b) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the administrator and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.
17. A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties, if:
(a) The securities to be distributed are registered under the Securities Act of 1933 before the consummation of the transaction; or
(b) The securities to be distributed are not required to be registered under the Securities Act of 1933, written notice of the transaction and a copy of the materials, if any, by which approval of the transaction will be solicited [is] , together with a nonrefundable fee of $150, are given to the administrator at least 10 days before the consummation of the transaction and the administrator does not, by order, disallow the exemption within the next 10 days.
18. A transaction involving the offer to sell or sale of one or more promissory notes each of which is directly secured by a first lien on a single parcel of real estate, or a transaction involving the offer to sell or sale of participation interests in the notes if the notes and participation interests are originated by a depository institution and are offered and sold subject to the following conditions:
(a) The minimum aggregate sales price paid by each purchaser may not be less than $250,000;
(b) Each purchaser must pay cash either at the time of the sale or within 60 days after the sale; and
(c) Each purchaser may buy for his own account only.
19. A transaction involving the offer to sell or sale of one or more promissory notes directly secured by a first lien on a single parcel of real estate or participating interests in the notes, if the notes and interests are originated by a mortgagee approved by the Secretary of Housing and Urban Development under sections 203 and 211 of the National Housing Act and are offered or sold, subject to the conditions specified in subsection 18, to a depository institution or insurance company, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association.
κ1989 Statutes of Nevada, Page 159 (CHAPTER 58, AB 6)κ
depository institution or insurance company, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association.
20. A transaction between any of the persons described in subsection 19 involving a nonassignable contract to buy or sell the securities described in subsection 18 if the contract is to be completed within 2 years and if:
(a) The seller of the securities pursuant to the contract is one of the parties described in subsection 18 or 19 who may originate securities;
(b) The purchaser of securities pursuant to a contract is any other person described in subsection 19; and
(c) The conditions described in subsection 18 are fulfilled.
21. A transaction involving one or more promissory notes secured by a lien on real estate, or participating interests in those notes, by a mortgage company licensed pursuant to chapter 645B of NRS to engage in those transactions.
Sec. 6. NRS 90.580 is hereby amended to read as follows:
90.580 1. Without limiting the general applicability of NRS 90.570, a person shall not:
(a) Quote a fictitious price with respect to a security;
(b) Effect a transaction in a security which involves no change in the beneficial ownership of the security for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;
(c) Enter an order for the purchase of a security with the knowledge that an order of substantially the same size and substantially the same time and price for the sale of the security has been or will be entered by or for the same or affiliated person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;
(d) Enter an order for the sale of a security with knowledge that an order of substantially the same size and at substantially the same time and price for the purchase of the security has been or will be entered by or for the same or affiliated person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; or
(e) Employ any other deceptive or fraudulent device, scheme or artifice to manipulate the market in a security.
2. [A transaction] Transactions effected in compliance with , or conduct which does not violate, the applicable provisions of the Securities Exchange Act of 1934 and the rules and regulations of the Securities and Exchange Commission thereunder [is not a manipulation of the market under] are not violations of subsection 1.
Sec. 7. NRS 90.650 is hereby amended to read as follows:
90.650 1. A person who willfully violates a provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing the statement made to be false or misleading in any material respect, or who willfully violates a regulation adopted pursuant to this chapter, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment, for each violation.
κ1989 Statutes of Nevada, Page 160 (CHAPTER 58, AB 6)κ
2. A person who willfully violates an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the administrator under this chapter is guilty of a misdemeanor.
3. A person convicted of violating a regulation or order under this chapter may be fined, but may not be imprisoned, if the person proves lack of knowledge of the regulation or order.
4. Nothing in this chapter limits the power of the state to punish a person for conduct which constitutes a crime under other law.
Sec. 8. NRS 90.710 is hereby amended to read as follows:
90.710 1. This chapter must be administered by the secretary of state and the administrator. The secretary of state may employ personnel necessary to administer the provisions of this chapter.
2. Except as otherwise provided in NRS [90.840,] 90.850, all money received by the division pursuant to this chapter must be deposited in the state general fund.
Sec. 9. 1. NRS 90.810 is hereby repealed.
2. Section 83 of chapter 794, Statutes of Nevada 1987, at page 2193, is hereby repealed.
Sec. 10. Section 1 of chapter 16, Statutes of Nevada 1989, is hereby amended to read as follows:
Section 1. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery;
14. Resisting, delaying or obstructing a public officer;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. Assault or battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.338, inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
κ1989 Statutes of Nevada, Page 161 (CHAPTER 58, AB 6)κ
22. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at $100 or more;
25. Embezzlement of money or property valued at $100 or more;
26. Obtaining possession of money or property valued at $100 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence; [or]
29. Any violation of NRS 201.300 or 201.360 [.] ; or
30. Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 309Committee on Ways and Means
CHAPTER 59
AN ACT making a supplemental appropriation to Southern Nevada mental retardation services to continue the lease for the Horizon Recovery Center; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to Southern Nevada mental retardation services the sum of $46,340 to continue the lease and pay for utilities and maintenance costs for the Horizon Recovery Center for the months of February through May of 1989. This appropriation is supplemental to that made by section 31 of chapter 747, Statutes of Nevada 1987, at page 1844.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 162κ
Assembly Bill No. 291Committee on Judiciary
CHAPTER 60
AN ACT relating to the attorney general; clarifying his authority to prosecute certain criminal actions; authorizing him to prosecute a person acting in concert with a prisoner; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.120 is hereby amended to read as follows:
228.120 The attorney general may:
1. Appear before any grand jury, when in his opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this state; examine witnesses before the grand jury, and draw indictments or presentments for the grand jury, and thereafter conduct the proceedings.
2. Exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.
3. Appear in, take exclusive charge of and conduct any prosecution in any court of this state for a violation of any law of this state, when in his opinion it is necessary, or when requested to do so by the governor.
4. In any proceeding conducted by a grand jury or in any criminal prosecution in any court, issue subpenas for witnesses together with any books, memoranda, papers and other documents.
5. When acting pursuant to any provision of law allowing or requiring him to act in a criminal matter, [after first obtaining leave of the court which has jurisdiction to try the matter unless otherwise provided by specific statute,] institute criminal proceedings:
(a) By filing a complaint in a justices or municipal court, where a misdemeanor is charged; or
(b) By filing a complaint and commencing a preliminary examination where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,
and may conduct those proceedings.
Sec. 2. NRS 228.170 is hereby amended to read as follows:
228.170 1. Whenever the governor directs or when, in the opinion of the attorney general, to protect and secure the interest of the state it is necessary that a suit be commenced or defended in any federal or state court, the attorney general shall commence the action or make the defense.
2. The attorney general may [:
(a) File an information;
(b) File a complaint; or
(c) Obtain an indictment,
in the appropriate court in the county in which the offense was committed, against a person for an offense allegedly committed by him while he was confined in an institution or facility of the department of prisons.] investigate and prosecute any crime committed by a person:
κ1989 Statutes of Nevada, Page 163 (CHAPTER 60, AB 291)κ
(a) Confined in or committed to an institution or facility of the department of prisons.
(b) Acting in concert with, whether as a principal or accessory, any person confined in or committed to an institution or facility of the department of prisons.
(c) In violation of chapter 212 of NRS, if the crime involves:
(1) An institution or facility of the department of prisons; or
(2) A person confined in or committed to such an institution or facility.
Sec. 3. NRS 173.035 is hereby amended to read as follows:
173.035 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived his right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, [the district attorney or the attorney general acting pursuant to NRS 228.120 or 228.170] the attorney general when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information must be filed within 15 days after the holding or waiver of the preliminary examination. Each such information must set forth the crime committed according to the facts.
Sec. 4. NRS 173.045 is hereby amended to read as follows:
173.045 1. All information [shall] must be filed in the court having jurisdiction of the offenses specified therein, by the attorney general when acting pursuant to a specific statute or by the district attorney of the proper county [or by the attorney general acting pursuant to NRS 228.170] as informant, and his name [shall] must be subscribed thereto by [himself] him or by his deputy.
2. The district attorney or the attorney general shall endorse thereon the names of such witnesses as are known to him at the time of filing the [same,] information, and shall also endorse upon [such] the information the names of such other witnesses as may become known to him before the trial at such time as the court may, by rule or otherwise, prescribe; but this [shall] does not preclude the calling of witnesses whose names, or the materiality of whose testimony, are first learned by the district attorney or the attorney general upon the trial. He shall include with each name the address of the witness if known to him. He shall not endorse the name of any witness whom he does not reasonably expect to call.
κ1989 Statutes of Nevada, Page 164 (CHAPTER 60, AB 291)κ
3. In all cases in which the defendant has not had or waived a preliminary examination there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed.
Sec. 5. NRS 173.055 is hereby amended to read as follows:
173.055 1. The attorney general when acting pursuant to a specific statute or the district attorney of the proper county [or the attorney general acting pursuant to NRS 228.120 or 228.170] shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders are committed to jail, recognized or held to bail.
2. If the district attorney or the attorney general determines in any such case that an information ought not to be filed, he shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing his reasons, in fact and in law, for not filing any information in the case. The statement must be filed within 15 days after the holding of the preliminary examination.
Sec. 6. NRS 173.075 is hereby amended to read as follows:
173.075 1. The indictment or the information [shall] must be a plain, concise and definite written statement of the essential facts constituting the offense charged. It [shall] must be signed by the [district attorney or by the] attorney general acting pursuant to [NRS 228.170.] a specific statute or the district attorney. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to [such] the statement.
2. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that he committed it by one or more specified means.
3. The indictment or information [shall] must state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission [shall not be] is not a ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.
Sec. 7. NRS 173.145 is hereby amended to read as follows:
173.145 1. Upon the request of the [district attorney or the] attorney general acting pursuant to [NRS 228.170] a specific statute or the district attorney, the court shall issue a warrant for each defendant named in the indictment or information.
2. The clerk shall issue a summons instead of a warrant upon the request of the district attorney, the attorney general or by direction of the court.
3. Upon like request or direction the clerk shall issue more than one warrant or summons for the same defendant.
4. The clerk shall deliver the warrant or summons to the peace officer or other person authorized by law to execute or serve it.
5. If a defendant fails to appear in response to the summons, a warrant [shall issue.] must be issued.
κ1989 Statutes of Nevada, Page 165 (CHAPTER 60, AB 291)κ
Sec. 8. NRS 173.205 is hereby amended to read as follows:
173.205 1. The peace officer executing a warrant shall make return thereof to the court. At the request of the [district attorney or the] attorney general acting pursuant to [NRS 228.170] a specific statute or the district attorney any unexecuted warrant [shall] must be returned and canceled.
2. On or before the return day the person to whom a summons was delivered for service shall make return thereof.
3. At the request of the [district attorney or the] attorney general acting pursuant to [NRS 228.170,] a specific statute or the district attorney, made at any time while the indictment or information is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to a peace officer or other authorized person for execution or service.
________
Assembly Bill No. 210Assemblyman Jeffrey
CHAPTER 61
AN ACT making a supplemental appropriation to the department of the military for a portion of the costs for the education of persons in the National Guard; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of the military the sum of $32,800 for a portion of the costs for persons in the National Guard to attend college in Nevada. This appropriation is supplemental to that made by section 32 of chapter 747, Statutes of Nevada 1987, at page 1845.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 166κ
Assembly Bill No. 192Committee on Ways and Means
CHAPTER 62
AN ACT relating to the state highway fund; making a supplemental appropriation to the department of motor vehicles and public safety for additional expenses for postage; making appropriations to the contingency fund in repayment of certain allocations made by the interim finance committee; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state highway fund to the department of motor vehicles and public safety the sum of $182,000 for additional expenses for postage. This appropriation is supplemental to that made by section 50 of chapter 747, Statutes of Nevada 1987, at page 1849.
Sec. 2. There is hereby appropriated from the state highway fund to the contingency fund created pursuant to NRS 353.266 the sum of $36,753 for the repayment of an allocation made by the interim finance committee on October 23, 1987.
Sec. 3. There is hereby appropriated from the state highway fund to the contingency fund created pursuant to NRS 353.266 the sum of $77,041 for the repayment of an allocation made by the interim finance committee on May 2, 1988.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 77Assemblymen Myrna Williams, Kissam and Lambert
CHAPTER 63
AN ACT relating to municipal obligations; permitting municipalities which are acquiring property to grant a security interest in property other than that being acquired; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350.800 is hereby amended to read as follows:
350.800 1. A transaction whereby a municipality acquires real or personal property and another person acquires or retains a security interest in that or other property creates a general obligation of the municipality which must be counted against any limit upon its debt unless:
(a) The obligation by its terms is extinguished by failure of the governing body to appropriate money for the ensuing fiscal year for payment of the amounts then due; or
κ1989 Statutes of Nevada, Page 167 (CHAPTER 63, AB 77)κ
(b) The budget of the municipality for the fiscal year in which the transaction occurs includes a provision for the discharge of the obligation in full.
2. Any member of the governing body may vote upon such a transaction whether or not the obligation incurred is expected to extend beyond his term of office, without any special notice or other formality.
3. Any such transaction is subject to the requirements of this chapter for an election if it must be counted against a debt limit, but is not subject to any other requirement of this chapter.
4. In addition to or as a substitute for granting a security interest in the property being acquired in a transaction described in subsection 1, the municipality may grant a security interest in other property if the governing body finds that:
(a) Granting the security interest in the other property will result in lower financing costs to the municipality; and
(b) The value of all property in which a security interest is granted does not, at the time the security interest is granted, exceed an amount equal to one and one-half times the value of the property being acquired.
The finding and determination of values by the governing body are conclusive in the absence of fraud or gross abuse of discretion.
________
Assembly Bill No. 68Committee on Taxation
CHAPTER 64
AN ACT relating to taxation; clarifying provision imposing mandatory tax on the gross receipts from the rental of transient lodging; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.3352 is hereby amended to read as follows:
244.3352 1. [In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the] The board of county commissioners in each county shall impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging in that county upon all persons in the business of providing lodging. This tax must be imposed by the board of county commissioners in each county, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 3.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 244.335.
3. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the county shall charge and collect in addition to the tax:
κ1989 Statutes of Nevada, Page 168 (CHAPTER 64, AB 68)κ
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the board of county commissioners, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
Sec. 2. NRS 268.096 is hereby amended to read as follows:
268.096 1. [In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the] The city council or other governing body of each incorporated city shall impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging in that city upon all persons in the business of providing lodging. This tax must be imposed by the city council or other governing body of each incorporated city, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 3.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.
3. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 8Assemblymen Price, Bergevin, Regan, Marvel, Sheerin, Callister, Myrna Williams, Spriggs, Triggs, Lambert and Gaston
CHAPTER 65
AN ACT relating to taxation; exempting slide-in campers, camper shells and certain household goods and furniture from property taxes; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
κ1989 Statutes of Nevada, Page 169 (CHAPTER 65, AB 8)κ
Sec. 2. Camper shell means a covered canopy which is mounted on a motor vehicle, and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
Sec. 3. Mobile home means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
Sec. 4. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use. The term does not include a camper shell.
Sec. 5. NRS 361.068 is hereby amended to read as follows:
361.068 1. The following personal property is exempt from taxation:
(a) Personal property held for sale by a merchant;
(b) Personal property held for sale by a manufacturer;
(c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;
(d) Livestock;
(e) Colonies of bees; [and]
(f) All boats [.] ; and
(g) Slide-in campers and camper shells.
2. As used in this section, boat includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.
Sec. 6. NRS 361.069 is hereby amended to read as follows:
361.069 [The household] Household goods and furniture [which] , other than appliances and furniture which are owned by a person who engages in the business of renting the appliances or furniture to other persons, are exempt from taxation . [pursuant to section 3 of article 10 of the constitution of the State of Nevada include,] As used in this section:
1. Household goods and furniture includes, without limitation [:
1.] , the following items if used in a residence:
(a) Clothing;
[2.] (b) Personal effects;
[3.] (c) Gold and silver;
[4.] (d) Jewelry; [and
5.] (e) Appliances that are not attached to real property [.] or a mobile home; and
(f) Furniture.
2. Engages in the business of renting appliances or furniture means:
(a) Renting or leasing appliances or furniture, or both, to other persons not in conjunction with the rental or lease of a dwelling unit; or
(b) Renting or leasing appliances or furniture, or both, to other persons in conjunction with the rental or lease of a dwelling unit located in a complex containing five or more dwelling units which are rented or leased by the owner to other persons in conjunction with appliances or furniture, or both.
κ1989 Statutes of Nevada, Page 170 (CHAPTER 65, AB 8)κ
Sec. 7. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile home [, as defined in NRS 361.561,] is eligible to become real property if the running gear is removed and:
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.
2. A mobile home becomes a real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. That assessor shall not place a mobile home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of commerce that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;
(b) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorders office of the county in which the mobile home is located; and
(c) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.
3. Factory-built housing, as defined in NRS 461.080, constitutes real property if:
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.
4. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 8. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes [as defined in NRS 361.561] are due on the 3rd Monday of July.
2. Taxes assessed upon the real property tax roll may be paid in four equal installments.
3. In any county whose population is 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.
4. If a person elects to pay in quarterly installments, the first installment is due on the 1st Monday of August, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday in March.
5. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.
κ1989 Statutes of Nevada, Page 171 (CHAPTER 65, AB 8)κ
(b) Any two quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.
(c) Any three quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.
(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the 1st Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.
6. Any person charged with taxes which are a lien on a mobile home [as defined in NRS 361.561,] who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:
(a) The entire amount of the taxes are due;
(b) A penalty of 10 percent of the taxes due;
(c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and
(d) The county assessor may proceed under NRS 361.535.
Sec. 9. NRS 361.561 is hereby amended to read as follows:
361.561 [As used in NRS 361.562 to 361.5644, inclusive:
1. Camper-shell means a covered canopy mounted on a motor vehicle, and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
2. Mobile home means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
3. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use. Slide-in camper does not include a camper-shell.
4.] Those units identified as chassis-mount camper, mini motor home, motor home, travel trailer, utility trailer and van conversion, in chapter 482 of NRS and any other vehicle required to be registered with the department of motor vehicles and public safety are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units and vehicles must be taxed in the manner provided in NRS 361.562 to 361.5644, inclusive.
Sec. 10. NRS 361.562 is hereby amended to read as follows:
361.562 1. If the purchaser or repossessor of a mobile home [or slide-in camper] does not pay the personal property tax thereon, upon taking or retaking possession, he shall, within 30 days from the date of its purchase or repossession:
(a) Pay to the county assessor all personal property taxes which the assessor is required to collect against the mobile home [or slide-in camper] and its contents, except as otherwise provided in subsection 3 of NRS 361.483; or
κ1989 Statutes of Nevada, Page 172 (CHAPTER 65, AB 8)κ
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property. In this case, the personal property taxes which the county assessor is required to collect against the mobile home [or slide-in camper] and its contents for the fiscal year in which it is purchased, may be collected all at once or by installments as permitted by NRS 361.483 for property assessed upon the real property tax roll.
2. The county assessor shall collect the tax required to be paid by subsection 1, in the manner prescribed by law for the collection of other personal property taxes, except as provided in paragraph (b) of subsection 1 and except as to mobile homes as provided in subsection 3 of NRS 361.483.
Sec. 11. NRS 361.563 is hereby amended to read as follows:
361.563 Every person who brings into the State of Nevada any mobile home [or slide-in camper] on which the personal property tax has not been paid in this state shall within 30 days from the date of entry comply with the provisions of subsection 1 of NRS 361.562.
Sec. 12. NRS 361.5641 is hereby amended to read as follows:
361.5641 Whenever any person:
1. Who has purchased a mobile home [or slide-in camper] on which he is required to pay a personal property tax under the provisions of NRS 361.562 or 361.563, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home [or slide-in camper] which he has sold or exchanged, the county assessor shall allow as a credit 1/12 of the tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home [or slide-in camper] on which the tax was paid.
2. Has paid a personal property tax on a mobile home [or slide-in camper] to the state of his prior residence, the county assessor shall allow a 1/12 reduction in the tax for the current fiscal year for each calendar month that the person has paid such a tax in the other state.
Sec. 13. NRS 361.5642 is hereby amended to read as follows:
361.5642 Every person who on July 1 owns any mobile home [or slide-in camper] situated in the State of Nevada shall within 30 days thereafter comply with the provisions of subsection 1 of NRS 361.562.
Sec. 14. NRS 361.5643 is hereby amended to read as follows:
361.5643 1. Except as otherwise provided in subsection 2, upon compliance by the purchaser or repossessor of a [slide-in camper or the purchaser or repossessor of a] mobile home with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall [:
(a) Deliver] deliver forthwith to the purchaser or repossessor of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which must be of a design and affixed in such manner as is prescribed by the department.
[(b) Deliver forthwith to the purchaser or repossessor of a slide-in camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which must be of a design and affixed in such manner as is prescribed by the department.]
2. Upon payment of a quarterly installment, the county assessor shall issue the appropriate decal.
κ1989 Statutes of Nevada, Page 173 (CHAPTER 65, AB 8)κ
Sec. 15. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser, repossessor or other owner of a mobile home [or slide-in camper] fails to comply with the provisions of subsection 1 of NRS 361.562 or with the provisions of NRS 361.563 or 361.5642 within the required time the county assessor shall collect a penalty, which must be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in [subsection 4 of] NRS 361.561 within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in [subsection 4 of] NRS 361.561 more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or 361.5642 neglects or refuses to pay the tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home [or slide-in camper] upon which the taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty must be computed for each fiscal year from:
(a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.
(b) July 1, under NRS 361.5642.
Sec. 16. NRS 482.545 is hereby amended to read as follows:
482.545 It is unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive and 482.420.
2. [To move upon a highway any slide-in camper that does not have affixed on it the tax plate or sticker provided in NRS 361.5643, when the movement is by a vehicle not subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive, and 482.420.
3.] To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of ownership or other document of title knowing it to be fictitious or to have been canceled, revoked, suspended or altered.
[4.] 3. To lend to or knowingly permit the use of by one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.
[5.] 4. To fail or to refuse to surrender to the department, upon demand, any registration card or plate which has been suspended, canceled or revoked as provided in this chapter.
κ1989 Statutes of Nevada, Page 174 (CHAPTER 65, AB 8)κ
[6.] 5. To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.
[7.] 6. Knowingly to operate a vehicle which has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration.
Sec. 17. NRS 482.437 is hereby repealed.
Sec. 18. This act becomes effective on July 1, 1989.
________
Senate Bill No. 42Committee on Government Affairs
CHAPTER 66
AN ACT relating to county fair and recreation boards; revising the composition of certain boards; removing the limitation on the number of nominees that may be submitted by the chamber of commerce of the largest incorporated city in certain counties for membership on the county fair and recreation board; and providing other matters properly relating thereto.
[Approved April 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.603 is hereby amended to read as follows:
244A.603 1. In any county [having a population of] whose population is 250,000 or more, the county fair and recreation board consists of 11 members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county from their own number.
(c) One member by the governing body of the second largest incorporated city in the county from their own number.
(d) One member by the governing body of one of the other incorporated cities in the county from their own number.
(e) Five members to be appointed by the members selected pursuant to paragraphs (a), (b), (c) and (d). These members [shall] must be selected from a list of [three nominees for each position] nominees submitted by the chamber of commerce of the largest incorporated city in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members [shall] must be selected as follows:
(1) [Two] Three members who are representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest city;
(2) One member who is a representative of motel operators; and
κ1989 Statutes of Nevada, Page 175 (CHAPTER 66, SB 42)κ
(3) [One member who is a representative of finance business; and
(4)] One member who is a representative of other commercial interests.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (d) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city [shall] will be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.
4. After the initial appointments of members appointed pursuant to paragraph (e) of subsection 1, all members [shall] must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business [shall] must be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. Any such member may succeed himself.
________
Assembly Bill No. 185Assemblymen Dini, Sedway and Jeffrey
CHAPTER 67
AN ACT making supplemental appropriation to the department of prisons for the maximum security prison in Ely; and providing other matters properly relating thereto.
[Approved April 12, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $172,764 for costs relating to the maximum security prison in Ely, including $56,764 to hire a transition team, $16,000 to pay moving expenses incurred by the transition team and $100,000 to pay for utilities. This appropriation is supplemental to that made by section 33 of chapter 747, Statutes of Nevada 1987, at page 1845.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 176κ
Assembly Bill No. 154Assemblymen Adler, Dini, Freeman, Bergevin, Sheerin, Fay, Gaston, Carpenter, Banner, Schofield, Nevin, Jeffrey, Thompson, Wisdom, Swain, Spriggs, Humke, Triggs, Lambert, Kissam, Arberry, Spinello, Regan, Price, Evans, Brookman, Callister, Gibbons, McGaughey, Kerns, Diamond, Sedway, Wendell Williams, DuBois, Chowning, Garner, Bogaert, Myrna Williams and Marvel
CHAPTER 68
AN ACT relating to judgments; exempting from execution all property in this state of a judgment debtor where the judgment is in favor of any other state for failure to pay that states income tax on benefits received from a pension or other retirement plan; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) One vehicle if the judgment debtors equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during [this] that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. [The] Except as otherwise provided in paragraph (n), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
κ1989 Statutes of Nevada, Page 177 (CHAPTER 68, AB 154)κ
all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $95,000 in value, where the dwelling is situate upon lands not owned by him.
(n) All property in this state of the judgment debtor where the judgment is in favor or any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
2. No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
________
κ1989 Statutes of Nevada, Page 178κ
Assembly Bill No. 118Assemblyman Brookman
CHAPTER 69
AN ACT relating to elections; clarifying the provision governing the inclusion of a persons residential address on his declaration or acceptance of candidacy; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy [,] or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the [1st] first Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
Declaration of Candidacy of .............. for the
Office of ..................
State of Nevada }
} ss.
County of .............................................................. }
For the purpose of having my name placed on the official primary ballot as a candidate for the ...................... Party nomination for the office of .........................., I, the undersigned ........................., do swear (or affirm) that I reside at No. ............, ........... Street, in the City (or Town) of ......................., County of ...................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more [prior to] before the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the ..................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 [prior to] before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of [such] that political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ................... Party at the ensuing election I will accept [such] that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; [and] that I will qualify for the office if elected thereto; and that I understand that my name [shall] will appear on all ballots as here designated.
κ1989 Statutes of Nevada, Page 179 (CHAPTER 69, AB 118)κ
...............................................................
(Designation of name)
...............................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ........... day of ........., 19...
...............................................................................................................
Notary Public (or other person
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. The party designation in nonpartisan elections must not be shown on the declaration of candidacy.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidates address is described as a box in a post office unless a street address has not been assigned to his residence.
Sec. 2. NRS 293.181 is hereby amended to read as follows:
293.181 1. A candidate for the office of state senator or assemblyman shall execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
I, the undersigned do swear (or affirm) that I have been a citizen resident of this state as required by NRS 218.010 and have resided at the following residence or residences during the 12 months immediately preceding the filing of my declaration of acceptance of candidacy.
.................................................................. .......................................................
Street Address Street Address
.................................................................. .......................................................
City or Town City or Town
.................................................................. .......................................................
State State
From............................. To...................... From............. To..................
Dates of Residency Dates of Residency
.................................................................. .......................................................
Street Address Street Address
.................................................................. .......................................................
City or Town City or Town
.................................................................. .......................................................
State State
From............................. To...................... From............. To..................
Dates of Residency Dates of Residency
(Attach additional sheet or sheets of residences as necessary)
κ1989 Statutes of Nevada, Page 180 (CHAPTER 69, AB 118)κ
2. Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually resided or resides, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidates addresses are described as a box in a post office, unless a street address has not been assigned to the residence.
________
Senate Bill No. 161Committee on Government Affairs
CHAPTER 70
AN ACT relating to state securities; increasing the limit on the principal amount of securities which the state may issue in connection with loans to municipalities; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350A.150 is hereby amended to read as follows:
350A.150 1. The board may, at the request of the state treasurer, to pay the cost of any lending project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing state securities.
2. State securities may be outstanding pursuant to this chapter in an aggregate principal amount of not more than [$300,000,000.] $400,000,000.
3. State securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more lending projects. 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 before May 29, 1981.
4. Provisions of the State Securities Law which are not inconsistent with the provisions of this chapter apply to the issuance of state securities under this chapter.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 181κ
Assembly Bill No. 357Committee on Judiciary
CHAPTER 71
AN ACT relating to trusts; providing a standard for measuring the performance of a fiduciary; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 164.050 is hereby amended to read as follows:
164.050 1. In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their [funds,] money, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, and subject to any express provision or limitation contained in any particular trust instrument or will, a fiduciary is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account.
2. The property of an investment decision is to be determined by what the fiduciary knew or should have known at the time of the decision about the inherent nature and expected performance of the investment, the attributes of the portfolio, the general economy and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of the liability of the fiduciary for the performance of his investments must be made giving consideration not only to the performance of a particular investment, but also to the performance of the portfolio as a whole.
3. Nothing contained in this section [shall be construed as authorizing] authorizes any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciarys duties and powers, but the terms legal investment, or authorized investment, or words of similar import, as used in any such instrument, shall be taken to mean any investment which is permitted by the terms of subsection 1.
[3.] 4. The provisions of this section [shall] govern fiduciaries acting under wills, agreements, court orders and other instruments now existing or hereafter made.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 182κ
Assembly Bill No. 229Assemblymen Sader, Porter, Kissam, Gibbons, Wisdom, Chowning, McGinness, Triggs, Diamond, DuBois, Humke and Swain
CHAPTER 72
AN ACT relating to providers of health care; requiring a provider of health care to allow a law enforcement agent or district attorney to inspect and copy certain health care records; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:
(a) The patient is suspected of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; and
(b) The records would aid in the related investigation.
To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to the law enforcement agent or district attorney who requests it and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related criminal proceeding against the patient.
4. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
________
κ1989 Statutes of Nevada, Page 183κ
Assembly Bill No. 204Assemblyman Nevin
CHAPTER 73
AN ACT relating to evidence; providing that authenticated photographs, samples and writings describing the measurements of hazardous waste or hazardous material are admissible evidence in lieu of the waste or material; establishing a procedure for the destruction of unnecessary quantities of a dangerous drug or immediate precursor seized as evidence; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Photographs, samples and writings describing the measurements, including actual net weight or estimated net weight, of hazardous waste or a hazardous material are admissible in evidence in lieu of the waste or material in any criminal or civil proceeding if they are authenticated.
2. As used in this section:
(a) Hazardous waste has the meaning ascribed to it in NRS 459.430.
(b) Hazardous material has the meaning ascribed to it in NRS 459.700.
Sec. 2. NRS 52.395 is hereby amended to read as follows:
52.395 1. When any substance alleged to be a controlled substance , dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.
2. Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or his representative and the defendant or his representative must be allowed to inspect and weigh the substance.
3. If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of [such] the substance. The defendant, his attorney and any other witness the defendant may designate may be present and testify at [such] the hearing.
4. After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.
5. If the substance is finally determined not to be a controlled substance , dangerous drug or immediate precursor, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.
κ1989 Statutes of Nevada, Page 184 (CHAPTER 73, AB 204)κ
6. The district courts finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.
7. As used in this section:
(a) Dangerous drug has the meaning ascribed to it in NRS 454.201.
(b) Immediate precursor has the meaning ascribed to it in NRS 453.086.
________
Senate Bill No. 110Senators Raggio, Jacobsen, Rawson, Rhoads, Beyer, Mello and Hickey
CHAPTER 74
AN ACT making a supplemental appropriation to the division of mental hygiene and mental retardation of the department of human resources for the support of the Southern Nevada adult mental health services; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of mental hygiene and mental retardation of the department of human resources the sum of $13,353 for stale claims related to salaries at the Southern Nevada adult mental health services. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1987, at page 1587.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 185κ
Assembly Bill No. 125Assemblymen Wendell Williams, Wisdom, Porter, Freeman, Arberry, DuBois, McGinness, Carpenter, Spriggs, Bogaert, Callister, Thompson, Jeffrey, Spinello, Brookman, Gibbons, Chowning, Marvel, Regan, Swain, Humke, Triggs, McGaughey, Banner, Fay, Evans and Schofield
CHAPTER 75
AN ACT relating to education; requiring pupils and teachers in public schools to wear protective devices for their eyes in certain classes; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a school district has established classes in occupational education, the teachers and pupils in those classes must wear devices provided by the school district which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.
2. The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.
________
Assembly Bill No. 267Assemblymen Thompson, McGaughey, Garner, Fay, Brookman, Freeman, Bergevin, Nevin, Sheerin, Adler, Wisdom, Carpenter, Jeffrey, Triggs, Porter, Diamond, Kissam, Chowning, Bogaert, McGinness, Gaston, Wendell Williams, Dini and Sedway
CHAPTER 76
AN ACT making an appropriation to the youth services division of the department of human resources for expenses related to carpeting for the southern Nevada childrens home; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the youth services division of the department of human resources the sum of $33,867 for payment of the expenses relating to carpeting for the southern Nevada childrens home.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 186 (CHAPTER 76, AB 267)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 256Committee on Ways and Means
CHAPTER 77
AN ACT making an appropriation to the Nevada historical society of the department of museums and history for the purchase and installation of compact shelves; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Nevada historical society of the department of museums and history the sum of $271,110 for the purchase and installation of compact shelves.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 223Assemblymen Fay, Chowning, Carpenter, Regan, Nevin, Banner, Spriggs, Wendell Williams, DuBois, Gibbons, Bogaert, Kerns, Marvel, Callister, Price, Spinello, Bergevin, Sader, Kissam, Adler, McGaughey, Thompson, Jeffrey, Garner, Wisdom, Evans, Myrna Williams, Sheerin and Dini
CHAPTER 78
AN ACT relating to public employment; requiring the termination of employment of an officer or employee of the state or of a political subdivision who has been convicted of the unlawful sale of a controlled substance; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If, during the course of his employment, an employee of the state or of any political subdivision of the state is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the employer upon discovery of the conviction shall terminate the employment of the employee.
κ1989 Statutes of Nevada, Page 187 (CHAPTER 78, AB 223)κ
of violating any federal or state law prohibiting the sale of any controlled substance, the employer upon discovery of the conviction shall terminate the employment of the employee.
2. If, during the course of his tenure in office, an officer of any county, city or township of the state is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the court as part of the penalty for such a conviction shall remove the officer from his office.
3. If, during the course of his tenure in office, an elected or appointed officer of the state is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the prosecuting officer who obtained the conviction shall file a certified copy of the judgment roll with the secretary of state. The secretary of state shall lay the certified copy of the judgment roll before the assembly at its next session for the preparation of articles of impeachment.
4. This section does not apply to a justice or judge of the court system.
________
Assembly Bill No. 176Assemblymen Evans, Wisdom, Porter, Callister, Gaston, DuBois, Kissam, Lambert, Bogaert, Spinello and Sedway
CHAPTER 79
AN ACT making a supplemental appropriation to the division of youth services of the department of human resources for various expenses; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of youth services of the department of human resources the sum of $223,382 to be allocated as follows:
1. To the youth services division for contractual residential placements for youth paroled from various youth institutions the sum of $85,630.
2. To the Nevada girls training center for salary and operating expenses to operate the fifth cottage the sum of $107,753.
3. To the Nevada youth training center for salaries for additional security positions the sum of $29,999.
Sec. 2. The sums appropriated by section 1 of this act are supplemental to that made by section 31 of chapter 747, Statutes of Nevada 1987, at page 1843.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 188κ
Assembly Bill No. 235Assemblymen Spriggs and Lambert
CHAPTER 80
AN ACT relating to statutes; repealing various antiquated provisions of NRS; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 406.020, 406.030, 406.040, 406.050, 406.060, 406.070, 406.080, 406.090, 406.100, 406.110, 406.120, 406.130, 406.140, 406.150, 456.010, 456.020, 456.030, 456.040, 456.050, 456.060, 456.070, 456.080, 456.090, 456.100, 520.270, 568.310 and 568.320 are hereby repealed.
________
Assembly Bill No. 81Assemblymen Myrna Williams, Kissam and Lambert
CHAPTER 81
AN ACT relating to local governmental finances; requiring certain local governments to prepare capital improvement plans; and providing other matters properly relating thereto.
[Approved April 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of each local government whose budget includes any expenditure for the acquisition or maintenance of a capital improvement shall annually prepare a plan for capital improvements which includes at least the 3 ensuing fiscal years but not more than 5 fiscal years.
Sec. 2. NRS 354.59801 is hereby amended to read as follows:
354.59801 Each local government shall file in the office of the clerk or secretary of its governing body, for public record and inspection:
1. A copy of its final budget; [and]
2. A copy of its final plan for capital improvements; and
3. A report of its proposed expenditures for the following fiscal year, written in the same detail as its chart of accounts. The total amount of these expenditures must equal the total amount of expenditures contained in its final budget for each department and fund listed in that budget.
Sec. 3. This act becomes effective on July 1, 1990.
________
κ1989 Statutes of Nevada, Page 189κ
Assembly Bill No. 218Assemblymen Regan, Jeffrey, Nevin, Garner, Kerns, Fay, Carpenter, Gaston, Myrna Williams, Bergevin, Sedway, Adler, McGinness, Arberry, Spinello, Callister, Bogaert, Marvel, Gibbons, Porter, Schofield, Sheerin, DuBois, Thompson, Chowning, Price, Diamond, Kissam, Wisdom, Freeman, Humke and Evans.
CHAPTER 82
AN ACT relating to residential property; establishing a program for the rehabilitation of abandoned residential property; authorizing the conveyance of title to certain persons in exchange for their rehabilitation of the property; and providing other matters properly relating thereto.
[Approved April 17, 1989]
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 11, 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 which have been abandoned by their owners;
2. These properties are a threat to the health, safety and well-being of the persons occupying neighboring properties;
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 provide such persons with an opportunity to obtain residential property; 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. Abandoned residential property means residential property which has been:
(a) Acquired by the governing body pursuant to the provisions of NRS 361.603 or subsection 3 of section 11 of this act, or by a grant from the Federal Government, the state government or any political subdivision of the state;
(b) Declared to have been abandoned by the Federal Government, the state government or the governing body; and
(c) Determined by the governing body to be in need of rehabilitation because of its deteriorated, substandard or unsanitary condition.
2. Agency means an agency of a county or city established or designated to administer a program.
3. Governing body means the governing body of a county of city.
4. Program means a program for the rehabilitation of abandoned residential properties established by a governing body pursuant to this chapter.
κ1989 Statutes of Nevada, Page 190 (CHAPTER 82, AB 218)κ
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 abandoned residential properties 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) Setting forth the criteria for determining the eligibility of an applicant for the rehabilitation of abandoned residential property; and
(c) Establishing such other requirements for participation in the program as the governing body considers necessary.
Sec. 5. 1. An applicant for rehabilitation of abandoned residential property must, at the time application is made:
(a) Be a resident of 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;
(c) Intend to reside on the abandoned residential property for which the rehabilitation is sought;
(d) Have the financial resources to rehabilitate the abandoned residential property 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; and
(f) Meet such other requirements as are imposed by the governing body.
2. Any abandoned residential property for which an application for the 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; and
(c) Subject to not more than two encumbrances.
Sec. 6. 1. Upon receiving an application for rehabilitation of abandoned residential property, the agency shall inspect the property to determine if rehabilitation of the property is feasible.
2. After inspection of the property, the agency shall interview the applicant to determine if the applicant satisfies the criteria for eligibility for the rehabilitation of abandoned residential property and, if he satisfies those criteria, the terms and conditions of the agreement to rehabilitate the property.
3. The agency shall recommend to the governing body the terms and conditions of the agreement.
Sec. 7. 1. If the governing body approves the application for the rehabilitation of an abandoned residential property, the written agreement entered between the county or city and the applicant must identify the property and specify:
(a) That the property must be rehabilitated for decent, safe and sanitary residential use;
κ1989 Statutes of Nevada, Page 191 (CHAPTER 82, AB 218)κ
(b) The terms and conditions of the rehabilitation of the property, including the period within which the rehabilitation must begin and be completed; and
(c) That the rehabilitation must be performed to the satisfaction of the governing body.
2. If the applicant completes the rehabilitation of the property in compliance with all terms and conditions of the agreement to the satisfaction of the governing body, the governing body must convey title to the property to the applicant.
3. If the applicant substantially complies with the terms and conditions of the agreement but fails to complete the rehabilitation of the property in full compliance with all terms and conditions of the agreement to the satisfaction of the governing body, the governing body must offer to sell the property to the applicant for a price not to exceed the fair market value of the property as it existed before the applicant began any rehabilitation of the property.
Sec. 8. A person to whom title to abandoned residential property is conveyed pursuant to this chapter shall:
1. Maintain the property in a decent, safe and sanitary condition; and
2. Reside on the property.
Sec. 9. 1. During the rehabilitation of the abandoned property, the agency shall provide such advice and technical assistance as may be reasonably requested.
2. The applicant for rehabilitation of abandoned residential 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 agreement for rehabilitation.
3. If the agency discovers deficiencies in the maintenance of the property during any inspection, it shall advise the applicant in the proper methods of correcting those deficiencies.
Sec. 10. If at any time the number of pending applications from qualified applicants for the rehabilitation of abandoned residential property exceeds the number of abandoned properties available for rehabilitation, the governing body shall give preference to those applicants who are members of households having a gross income of 50 percent or less of the median gross income for households of the same size within the same geographic area.
Sec. 11. The governing body may:
1. Establish a panel of contractors who have agreed to provide continuing maintenance at a discount to properties rehabilitated pursuant to this chapter.
2. 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 of federal law.
3. Accept gifts, grants and bequests of property for the purposes of this chapter.
Sec. 12. NRS 361.603 is hereby amended to read as follows:
361.603 1. Any local government or the University of Nevada System may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which the local government or any part of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
κ1989 Statutes of Nevada, Page 192 (CHAPTER 82, AB 218)κ
system is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government or the system determines that a public purpose may be served by the acquisition of the property, it may make application to the board of county commissioners for permission to acquire the property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last known owner or heirs or devisees of the last known owner of the property in the manner provided by law.
3. The last known owner may, within 90 days of the notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If the owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government or the board of regents of the University of Nevada upon receiving from it the amount of the delinquent taxes, except as otherwise provided in subsection 5.
5. If property is so transferred to a local government for street, sewer or drainage uses [,] or for use in a program for the rehabilitation of abandoned residential properties established by the local government pursuant to sections 2 to 11, inclusive, of this act, the delinquent taxes need not be paid.
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Senate Bill No. 17Senators Horn, Beyer, Getto, Shaffer, Coffin, Neal, Hickey, Raggio, Vergiels, Rawson, Smith, Titus, Malone, Mello, ODonnell and Jacobsen
CHAPTER 83
AN ACT relating to artists; creating a cause of action for an artist whose work is displayed or published, without consent, in a defaced, mutilated or altered form; providing an artist with the right to claim or disclaim authorship; defining residual ownership rights after the transfer of a work of art or the transfer of the right to reproduce a work of art; and providing other matters properly relating thereto.
[Approved April 18, 1989]
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 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires:
1. Artist means a person who creates a work of art.
2. Reproduction means a copy, in any medium, of a work of art, that is represented as the work of art created by the artist.
3. Work of art means any original creation of visual or graphic art in any medium including painting, drawing, photographic print or sculpture of a limited edition of not more than 300 copies. The term does not include:
(a) Sequential imagery such as that in motion pictures.
κ1989 Statutes of Nevada, Page 193 (CHAPTER 83, SB 17)κ
(b) Work prepared under contract for commercial use by the purchaser.
(c) Work prepared by the employee of a publisher during the course of his employment.
(d) Work submitted for publication at no charge.
Sec. 3. An artist may:
1. Claim authorship of his work of art. The right to claim authorship includes the right of the artist to have his name appear on or with his work of art.
2. Disclaim authorship of his work of art if necessary to protect his reputation from damage. It is presumed necessary for an artist to protect his reputation from damage if his work of art is displayed, published or reproduced in this state, without his consent, in a defaced, mutilated or altered form and damage to his reputation is reasonably foreseeable.
Sec. 4. 1. Except as otherwise provided in subsection 3, if damage to the reputation of an artist is reasonably foreseeable, a person shall not, without the consent of that artist, publish or display in public, in this state, the artists work of art or a reproduction of the artists work of art, in a defaced, mutilated or altered form and represent it as the work of the artist.
2. An artist who is injured by a violation of subsection 1 may bring an action for damages, together with reasonable attorneys fees and the costs of the action as are authorized under NRS 18.110.
3. Defacement, mutilation or alteration of a work of art which is caused by the passage of time or the inherent nature of the materials used in the creation of the work of art does not give an artist the right to disclaim authorship pursuant to section 3 of this act or a cause of action under subsection 2, unless the defacement, mutilation or alteration of the work of art is the result of negligent conservation. For the purposes of this subsection, conservation means those acts taken to preserve and protect a work of art or to slow its deterioration.
4. A change in a work of art that is an ordinary result of a medium of reproduction does not constitute defacement, mutilation or alteration.
Sec. 5. An artist may waive, in writing, his rights under this act.
Sec. 6. 1. When ownership of a work of art is transferred from the artist who created it or his heirs, the right of reproduction remains with the artist or his heirs until it passes into the public domain by act or operation of law or is expressly transferred in writing.
2. When an exclusive or nonexclusive right of reproduction is transferred by the owner of such right, it must be presumed that ownership of the physical work of art remains with the owner of the work of art unless it is expressly transferred in writing with the right of reproduction.
3. For the purposes of this section right of reproduction means the right to reproduce, display and distribute copies of a work of art. The term includes the right to prepare variations of the original work of art.
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κ1989 Statutes of Nevada, Page 194κ
Senate Bill No. 206Committee on Government Affairs
CHAPTER 84
AN ACT relating to districts for county fire departments; providing additional requirements for the administration of a district for a fire department; and providing other matters properly relating thereto.
[Approved April 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.2961 is hereby amended to read as follows:
244.2961 1. The board of county commissioners may by ordinance create a district for a fire department. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:
[1.] (a) Organize, regulate and maintain the fire department.
[2.] (b) Appoint and prescribe the duties of the fire chief.
[3.] (c) Designate arson investigators as peace officers.
[4.] (d) Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept.
[5.] (e) Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
[6.] (f) Include the budget of the district in the budget of the county.
(g) Hold meetings of the governing body of the district in conjunction with the meetings of the board of county commissioners without posting additional notices of the meetings within the district.
2. The other officers and employees of the county shall perform duties for the district that correspond to the duties they perform for the county.
3. All persons employed to perform the functions of the fire department are employees of the county for all purposes.
Sec. 2. This act becomes effective 1 minute after the approval of Assembly Bill No. 266 of this session.
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κ1989 Statutes of Nevada, Page 195κ
Assembly Bill No. 254Committee on Ways and Means
CHAPTER 85
AN ACT making an appropriation to the Nevada museum and historical society in Las Vegas for the installation of electrical track lighting and to purchase equipment; and providing other matters properly relating thereto.
[Approved April 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Nevada museum and historical society, in Las Vegas, of the department of museums and history the sum of $24,900 for the payment of expenses related to the installation of electrical track lighting and to purchase equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 274Committee on Judiciary
CHAPTER 86
AN ACT relating to traffic laws; revising the procedure for sentencing certain persons convicted of driving while under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
[Approved April 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Any person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and
κ1989 Statutes of Nevada, Page 196 (CHAPTER 86, AB 274)κ
(3) Fine him not less than $200 nor more than $1,000.
The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.
(b) For a second offense within 7 years, is guilty of a misdemeanor. [Except as provided in] Unless the sentence is reduced pursuant to NRS 484.3794, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in jail and fine him not less than $500 nor more than $1,000.
(c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.
2. Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended except, as provided in NRS 4.373 [and 5.055, a] , 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or , if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of [sentencing if the offender underwent treatment pursuant to NRS 484.3794.] revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
κ1989 Statutes of Nevada, Page 197 (CHAPTER 86, AB 274)κ
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct.
Sec. 2. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:
(a) He is classified as an alcoholic or abuser of drugs by a:
(1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or
(2) Physician certified to make that classification by the board of medical examiners;
(b) He agrees to pay the costs of the treatment; and
(c) He has served or will serve a term of imprisonment in jail of:
(1) One day, or has performed or will perform 24 hours of work for the community, if it is his first offense within 7 years; or
(2) Five days if it is his second offense within 7 years.
2. A prosecuting attorney [has] may, within 10 days after receiving notice of an application for treatment pursuant to this section , [in which to] request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.
3. At the hearing on the application for treatment the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.
4. In granting an application for treatment the court shall [advise] :
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence for not more than 3 years upon the condition that the offender be accepted for treatment by a facility approved by the state, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
κ1989 Statutes of Nevada, Page 198 (CHAPTER 86, AB 274)κ
[(a) Final sentencing in his case will be postponed.
(b)] (1) If he is accepted for treatment by such a facility , [approved by the state,] he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
[(c)] (2) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he [must be sentenced to the fine and imprisonment to which he would have been sentenced had he not been allowed treatment. The] shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
[(d)] (3) If he completes the treatment satisfactorily, [he may not be sentenced] his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 [or fined] and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court [shall] :
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment not provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
6. The court shall notify the department, on a form approved by the department, upon granting the offenders application for treatment and his failure to be accepted for or complete treatment.
Sec. 3. NRS 4.373 is hereby amended to read as follows:
4.373 1. [Unless] Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 96 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the offenders compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
κ1989 Statutes of Nevada, Page 199 (CHAPTER 86, AB 274)κ
Sec. 4. NRS 5.055 is hereby amended to read as follows:
5.055 1. [Unless] Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 96 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the offenders compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
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Assembly Bill No. 20Assemblymen Nevin, Dini, Jeffrey, Kerns, Evans and Sedway
CHAPTER 87
AN ACT relating to the Civil Air Patrol; increasing the amount paid to the Civil Air Patrol fund from the account for taxes on aviation fuel; and providing other matters properly relating thereto.
[Approved April 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.565 is hereby amended to read as follows:
365.565 The tax derived from aviation fuel must be distributed, after payment of refund claims as provided in NRS 365.370, quarterly from the account for taxes on aviation fuel in the following manner:
1. There must be transferred to the Civil Air Patrol fund, hereby created, from the account for taxes on aviation fuel, for the ensuing fiscal year, a sum not to exceed [$45,000] $85,000 or the total amount in the account, whichever is less. The amount so transferred must be expended for the support of Nevada Wing 27001 of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the fund for the support of that wing.
κ1989 Statutes of Nevada, Page 200 (CHAPTER 87, AB 20)κ
2. Money in the fund may be paid out only upon claims certified by the wing commander and the wing finance officer and approved by the state board of examiners, in the same manner as other claims against the state are paid.
3. Money in the fund may be used only by the wing to:
(a) Carry out its search, rescue and emergency operations;
(b) Maintain a headquarters; and
(c) Purchase, maintain and repair emergency and training equipment.
4. No money in the fund may be expended for:
(a) The purchase of any aircraft;
(b) Travel expenses;
(c) Training expenses; or
(d) Fuel for vehicles or aircraft used in an official mission of the United States Air Force.
5. Any person who makes a claim against the fund must reimburse the fund if payment for the claim is also received from another source.
6. There must be remitted to the treasurer of each county such portion of the remaining balance in the account for taxes on aviation fuel as is proportional to the excise taxes remitted by dealers or users in his county.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 107Senators Raggio, Jacobsen, Rawson, Rhoads, Beyer, Mello, Hickey and ODonnell
CHAPTER 88
AN ACT making a supplemental appropriation to the department of education for the residential and educational expenses for handicapped children and for personnel costs; and providing other matters properly relating thereto.
[Approved April 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education the sum of $232,838 to be allocated as follows:
1. For the actual cost of personnel for state educational services for the fiscal year 1988-89 the sum of $12,182.
2, For projected expenses for residential and educational needs for handicapped children the sum of $220,656.
Sec. 2. The sums appropriated by section 1 of this act are supplemental to that made by section 24 of chapter 747, Statutes of Nevada 1987, at page 1840.
Sec. 3. This act becomes effective upon passage and approval.
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