[Rev. 2/12/2019 1:09:32 PM]
κ1989 Statutes of Nevada, Page 201κ
Assembly Bill No. 272Assemblymen Diamond and Callister
CHAPTER 89
AN ACT relating to indigent persons; permitting attorneys employed by the state or any agency or political subdivision of the state to represent indigent persons under certain circumstances; revising the provisions governing the waiver of certain court costs and fees for indigent persons; 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. Chapter 7 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided by a specific statute, any attorney employed by the State of Nevada or any agency or political subdivision of the state may represent an indigent person in any proceeding if:
1. The attorney first receives the permission of his supervisor, if any, to represent the person in that proceeding;
2. The interests of the indigent person in that proceeding do not conflict with the interests of the state or the attorneys employer;
3. The representation is provided through or in association with an organization that provides free legal assistance to indigent persons; and
4. The attorney receives no compensation for the representation.
Sec. 2. NRS 7.105 is hereby amended to read as follows:
7.105 [No] Except as otherwise provided in section 1 of this act:
1. The attorney general and every city attorney, district attorney [or attorney general or their] and the deputies and assistants of each, hired or elected to prosecute persons charged with the violation of any ordinance or any law of this state [, or the] ; and
2. The legislative counsel [or any] and every attorney employed in the legislative counsel bureau, without the consent of the legislative commission, [shall,]
shall not, during their terms of office or during the time they are so employed, in any court of this state, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this state.
Sec. 3. NRS 12.015 is hereby amended to read as follows:
12.015 1. Any person who desires to prosecute or defend a civil action may file an affidavit with the court setting forth with particularity facts concerning his income, property and other resources which establish that he is unable to prosecute or defend [such] the action because he is unable to pay the costs of so doing. The affidavit must be supported by the certificate of an attorney that [such] the person has a meritorious cause of action or defense. If the judge is satisfied that [such] the person is unable to pay [such] the costs, he shall order:
(a) The clerk of the court:
(1) To allow [such] the person to commence or defend [such] the action without costs; and
κ1989 Statutes of Nevada, Page 202 (CHAPTER 89, AB 272)κ
(2) To file or issue any necessary writ, process, pleading or paper without charge.
(b) The sheriff or other appropriate public officer within this state to make personal service of any necessary writ, process, pleading or paper without charge.
2. If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording or transcription of proceedings would be helpful to the adjudication or appellate review of the case, the court shall order that the reporting, recording or transcription be performed at the expense of the county in which the action is pending but at a reduced rate as set by the county.
3. If [such] the person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and [such costs shall] those costs must then be paid as provided by law.
[3.] 4. Where the affidavit establishes that the person is unable to defend an action, the running of the time within which to appear and answer or otherwise defend is tolled during the period between the filing of the affidavit and the ruling of the court thereon.
[4.] 5. An affidavit filed pursuant to this section, and any application or request for an order filed with the affidavit, does not constitute a general appearance before the court by the affiant or give the court personal jurisdiction over him.
6. The order of the court to which application is made [under] pursuant to this section is not appealable.
Sec. 4. NRS 180.010 is hereby amended to read as follows:
180.010 1. The office of state public defender is hereby created.
2. The governor shall appoint the state public defender for a term of 4 years, and until a successor is appointed and qualified.
3. The state public defender [shall:
(a) Be] :
(a) Must be an attorney licensed to practice law in the State of Nevada.
(b) [Be] Is in the unclassified service of the state.
(c) [Not] Except as otherwise provided in section 1 of this act, shall not engage in the private practice of law.
4. No other officer or agency of the state may supervise the state public defender or assign him duties in addition to those prescribed by this chapter.
Sec. 5. NRS 180.030 is hereby amended to read as follows:
180.030 1. The state public defender may employ:
(a) Deputy state public defenders in the unclassified service of the state.
(b) Clerical, investigative and other necessary staff in the classified service of the state.
2. Each deputy state public defender must be an attorney licensed to practice law in the State of Nevada, and shall not engage in the practice of law, except in performing the duties of his office [.] and as otherwise provided in section 1 of this act.
Sec. 6. NRS 228.070 is hereby amended to read as follows:
228.070 1. Until the [1st] first Monday in January 1987, the attorney general is entitled to receive an annual salary of $52,500. From and after the [1st] first Monday in January 1987, the attorney general is entitled to receive an annual salary of $62,500.
κ1989 Statutes of Nevada, Page 203 (CHAPTER 89, AB 272)κ
[1st] first Monday in January 1987, the attorney general is entitled to receive an annual salary of $62,500.
2. [The] Except as otherwise provided in section 1 of this act, the attorney general [is not permitted to] shall not engage in the private practice of law.
Sec. 7. NRS 228.080 is hereby amended to read as follows:
228.080 1. The attorney general may appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed may perform all duties now required of the attorney general.
2. Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which must be filed in the office of the secretary of state.
3. [Deputy] Except as otherwise provided in section 1 of this act, deputy attorneys general shall not engage in the private practice of law.
4. Special investigators employed by the attorney general have the powers of peace officers.
Sec. 8. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who may transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of those appointments must also be filed and recorded as provided in this section. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.
4. Deputy district attorneys of counties [having a population of] whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in section 1 of this act, deputy district attorneys shall not engage in the private practice of law.
5. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any [such] person so appointed must be fixed by the board of county commissioners. Investigators employed by a district attorney have the powers of peace officers.
Sec. 9. NRS 260.040 is hereby amended to read as follows:
260.040 1. The compensation of the public defender [shall] must be fixed by the board of county commissioners. The public defender of any two or more counties [shall] must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 [.] of this section and section 1 of this act.
κ1989 Statutes of Nevada, Page 204 (CHAPTER 89, AB 272)κ
2. The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
3. The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.
4. The public defender and his deputies and assistant attorneys in a county [having a population of] whose population is less than 100,000 may engage in the private practice of law. In any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law [.] except as otherwise provided in section 1 of this act.
5. The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.
Sec. 10. NRS 616.253 is hereby amended to read as follows:
616.253 1. The office of state industrial claimants attorney is hereby created. The governor shall appoint the state industrial claimants attorney for a term of 4 years.
2. The state industrial claimants attorney:
(a) Must be an attorney licensed to practice law in this state.
(b) Is in the unclassified service of the state.
(c) [Shall] Except as otherwise provided in section 1 of this act, shall not engage in the private practice of law.
3. The duties of the state industrial claimants attorney are limited to those prescribed by NRS 616.2537 and 616.2539.
Sec. 11. NRS 616.2531 is hereby amended to read as follows:
616.2531 1. The state industrial claimants attorney may employ:
(a) A deputy state industrial claimants attorney who is in the unclassified service of the state.
(b) Clerical and other necessary staff who are in the classified service of the state.
2. The deputy must be an attorney licensed to practice law in this state and , except as otherwise provided in section 1 of this act, shall not engage in the private practice of law.
Sec. 12. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Each appeals officer shall hold office for 2 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the state.
κ1989 Statutes of Nevada, Page 205 (CHAPTER 89, AB 272)κ
2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. [An] Except as otherwise provided in section 1 of this act, an appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer is entitled to be paid at an hourly rate, based upon the appeals officers salary.
4. The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under this chapter or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
________
Assembly Bill No. 82Assemblyman DuBois
CHAPTER 90
AN ACT relating to elections; establishing procedures for notifying voters of a change of location of a polling place; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.565 is hereby amended to read as follows:
293.565 1. At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
________
κ1989 Statutes of Nevada, Page 206κ
Senate Bill No. 178Senators Titus, ODonnell, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, Shaffer, Smith, Townsend, Vergiels and Wagner
CHAPTER 91
AN ACT relating to older persons; requiring the appointment of two nonvoting legislative members to the Nevada commission on aging; authorizing the commission to recommend legislation; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 427A.032 is hereby amended to read as follows:
427A.032 1. The Nevada commission on aging, consisting of 11 voting members and [two] four or more nonvoting members, is hereby created within the aging services division of the department of human resources.
2. The governor shall appoint as voting members of the commission:
(a) Two persons who are members of the governing body of a county.
(b) Two persons who are members of the governing body of a city.
(c) Seven persons who have experience with or an interest in and knowledge of the problems of and services for the aging.
At least six persons appointed as voting members must be 55 years of age or older.
3. The following persons shall serve as nonvoting members of the commission:
(a) The director of the department, who shall serve as chairman of the commission.
(b) The administrator of the aging services division.
(c) One member of the senate and one member of the assembly appointed by the legislative commission with appropriate regard for their experience with and knowledge of matters relating to older persons.
(d) Such other representatives of state government as may be designated by the governor.
[These]
4. The members designated in paragraphs (a) and (b) of subsection 3 may designate alternates within their respective offices to attend any meeting of the commission in their place.
[4.] 5. After the initial terms, the governor shall appoint each voting member of the commission to a term of 2 years. No member may serve after the expiration of his term unless he is appointed to serve another term. No person may be appointed to serve a full term as a voting member more than twice. No person who serves as a voting member for more than 1 year of a term to which another person was appointed may be appointed to serve a full term more than once.
[5.] 6. The position of a member of the commission is vacated upon his loss of any of the qualifications required for his appointment and in that event the vacancy must be filled for the unexpired term in the manner provided for the original appointment.
κ1989 Statutes of Nevada, Page 207 (CHAPTER 91, SB 178)κ
[6.] 7. The governor may remove a member [of] he appointed to the commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the commission constitutes good and sufficient cause for removal of a member by the governor.
Sec. 2. NRS 427A.036 is hereby amended to read as follows:
427A.036 1. Each voting member of the commission is entitled to receive a salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
2. The commission may expend in accordance with law all money made available for its use.
3. Except during a regular or special session of the legislature, each legislative member of the committee is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance and travel expenses provided for state officers and employees generally. The salaries and expenses of the legislative members of the committee must be paid from the legislative fund.
Sec. 3. NRS 427A.038 is hereby amended to read as follows:
427A.038 1. The commission shall:
(a) Determine and evaluate the needs of the older people of this state.
(b) Seek ways to avoid unnecessary duplication of services for older persons by public and private organizations in Nevada.
(c) Establish priorities for the work of the division according to the most pressing needs of older persons as determined by the commission.
(d) Promote programs that provide community-based services necessary to enable a frail elderly person, to the fullest extent possible, to remain in his home and be an integral part of his family and community.
2. The commission may:
(a) Establish priorities for programs funded under the Older Americans Act of 1965 (42 U.S.C. §§ 3001 et seq.).
(b) Review and approve the state plan for providing services to meet the needs of older persons.
(c) Gather and disseminate information in the field of aging.
(d) Conduct hearings, conferences and special studies on the problems of older persons and on programs which serve them.
(e) Evaluate existing programs for older persons and recommend needed changes in those programs and propose new programs which would more effectively and economically serve the needs of older persons.
(f) Evaluate any proposed legislation which would affect older persons.
(g) Recommend to the legislature any appropriate legislation.
(h) Coordinate and assist the efforts of public and private organizations which serve the needs of older persons, especially in the areas of education, employment, health, housing, welfare and recreation.
________
κ1989 Statutes of Nevada, Page 208κ
Assembly Bill No. 385Committee on Ways and Means
CHAPTER 92
AN ACT making an appropriation to the state public works board for roof repair and asbestos abatement at the Nevada girls training center; and providing other matters properly relating thereto.
[Approved April 26, 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 public works board the sum of $630,089, including $174,729 for roof repairs and $455,360 for asbestos abatement at the Nevada girls training center.
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. 370Assemblyman Nevin
CHAPTER 93
AN ACT relating to franchises for sales of motor vehicles; protects rights of dealer of motor vehicles in actions against manufacturer, distributor or factory branch to trial by jury and convenient forum; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.3638 is hereby amended to read as follows:
482.3638 It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
1. Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if that referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.
2. Require a dealer to agree to the jurisdiction, venue or tribunal in which a controversy arising under the provisions of the franchise agreement may or may not be submitted for resolution, or prohibit a dealer from bringing an action in any forum allowed by Nevada law.
κ1989 Statutes of Nevada, Page 209 (CHAPTER 93, AB 370)κ
3. Require a dealer to waive a trial by jury in actions involving the manufacturer, distributor or factory branch.
4. Increase prices of new motor vehicles which the dealer had ordered for private retail consumers before his receipt of the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each order. Price changes applicable to new model or series motor vehicles at the time of the introduction of new models or series must not be deemed a price increase. Price changes caused by:
(a) The addition to a motor vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;
(b) Revaluation of the United States dollar in the case of foreign-made vehicles; or
(c) Transportation cost increases,
are not subject to this provision.
[3.] 5. Deny the principal owner the opportunity to designate his spouse, a member of his family or other qualified designee as entitled to participate in the ownership of:
(a) The franchised dealership;
(b) A successor franchised dealership for 2 years or a longer reasonable time after the incapacity of the principal owner; or
(c) A successor franchised dealership after the death of the principal in accordance with NRS 482.36396 to 482.36414, inclusive.
[4.] 6. Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.
Sec. 2. NRS 482.36423 is hereby amended to read as follows:
482.36423 1. Whenever it appears that a person has violated or is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.
2. In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, may bring an action in the district court in which the dealership is located, and may recover actual damages sustained by him, and the cost of suit, including a reasonable attorneys fee. In an action for money damages, the court or jury may award punitive damages if the defendant acted maliciously. The amount of damages sustained by any dealer, pursuant to subsection [4] 6 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.
3. Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the state, who grants a franchise to any dealer in this state may be served with any legal process in any action for injunctive relief or civil damages in the following manner:
(a) By delivering a copy of the process to the director; and
κ1989 Statutes of Nevada, Page 210 (CHAPTER 93, AB 370)κ
(b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons, a copy of the complaint, together with copies of any petition or order for injunctive relief.
4. The defendant has 30 days, exclusive of the day of service, within which to answer or plead.
5. The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.
________
Assembly Bill No. 19Assemblyman Nevin
CHAPTER 94
AN ACT relating to motor carriers; requiring a common or contract motor carrier to include the number of his certificate of public convenience and necessity or contract carrier permit in all advertisements; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act:
Sec. 2. Advertise means the commercial use of any medium, including, but not limited to, the radio or television, or a newspaper, magazine, sign or other printed matter, by a common or contract motor carrier to bring the services of the carrier to the attention of members of the general public.
Sec. 3. All advertising by a common or contract motor carrier of intrastate commerce must include the number of the certificate of public convenience and necessity or contract carrier permit issued to him by the commission.
Sec. 4. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.016 to 706.791, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.016 to 706.146, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 706.281 is hereby amended to read as follows:
706.281 1. In addition to any identifying device provided for in this chapter, each motor vehicle within the provisions of NRS 706.011 to 706.791, inclusive, must have the name of the person or operator operating the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the commission. The display shall not be deemed advertising for the purposes of section 3 of this act unless additional information about the operator is included.
2. This section does not apply to motor vehicles:
(a) Weighing 10,000 pounds or less operated by private carriers and not operated in combination with any other vehicle.
κ1989 Statutes of Nevada, Page 211 (CHAPTER 94, AB 19)κ
(b) Operated by an employer for the transportation of his employees, whether or not the employees pay for the transportation.
Sec. 6. NRS 706.461 is hereby amended to read as follows:
706.461 When [a] :
1. A complaint has been filed with the commissions alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier permit as required by NRS 706.011 to 706.791, inclusive [,or when the] ; or
2. The commission has reason to believe that any [provision] :
(a) Person is advertising as a common or a contract motor carrier of intrastate commerce without including the number of his certificate of public convenience and necessity or contract carrier permit in each advertisement; or
(b) Provision of NRS 706.011 to 706.791, inclusive, is being violated, the commission shall investigate such operations or advertising and [the commission shall have power,] may, after a hearing, [to make its order requiring] order the owner or operator of [such] the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The commission shall enforce compliance with such order under the powers vested in the commission by NRS 706.011 to 706.791, inclusive, or by other law.
Sec. 7. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by NRS 706.011 to 706.861, inclusive, or by the commission or the department under the terms of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Advertises as a common or contract motor carrier without including the number of his certificate of public convenience and necessity or contract carrier permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter;
[(h)] (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
[(i)] (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
κ1989 Statutes of Nevada, Page 212 (CHAPTER 94, AB 19)κ
[(j)] (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
[(k)] (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
[(l)] (m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked as provided in this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of NRS 706.386 or 706.421 within 12 consecutive months shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For the second offense and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 8. NRS 706.781 is hereby amended to read as follows:
706.781 In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, for the prevention and punishment of any [and all violations] violation of the provisions thereof and of all orders of the commission or the department, the commission or the department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and section 3 of this act, and with the orders of the commission or the department by proceedings in mandamus, injunction or by other civil remedies.
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Assembly Bill No. 55Assemblymen Gibbons, Nevin, Fay, Kerns, Bogaert, Lambert, Regan, Bergevin, Chowning, Adler, Humke and Marvel
CHAPTER 95
AN ACT relating to facilities for storage; requiring the enforcement of the prohibition against using such a facility as a residence; providing a procedure for summary eviction; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.475 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 213 (CHAPTER 95, AB 55)κ
108.475 1. [No occupant may] A person shall not use a facility for a residence. The owner of such a facility shall evict any person who uses the facility as a residence in the manner provided for in section 3 of this act.
2. A facility shall not be deemed to be a warehouse or a public utility.
3. If an owner of a facility issues a warehouse receipt, bill of lading or other document of title for the personal property stored in the facility, the owner and occupant are subject to the provisions of NRS 104.7101 to 104.7603, inclusive, and the provisions of NRS 108.473 to 108.4783, inclusive, do not apply.
Sec. 2. NRS 108.4755 is hereby amended to read as follows:
108.4755 1. Each rental agreement must be in writing and must contain [a] :
(a) A provision printed in a size equal to at least 10-point type that states, IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS A RESIDENCE.
(b) A statement that the occupants personal property will be subject to a claim for a lien and may be sold to satisfy that lien if the rent or other charges described in the rental agreement remain unpaid for 14 consecutive days.
2. NRS 108.473 to 108.4783, inclusive, do not apply and the lien for charges for storage does not attach unless the rental agreement contains a space for the occupant to provide the name and address of an alternative person to whom the notices under those sections may be sent. The occupants failure to provide an alternative address does not affect the owners remedies under those sections.
3. The parties may agree in the rental agreement to additional rights, obligations or remedies other than those provided by NRS 108.473 to 108.4783, inclusive. The rights provided in those sections are in addition to any other rights of a creditor against his debtor.
Sec. 3. Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When a person is using a facility for storage as a residence, the owner or his agent shall serve or have served a notice in writing which directs the person to cease using the facility as a residence no later than 24 hours after receiving the notice. The notice must advise the person that:
(a) NRS 108.475 requires the owner to ask the court to have the person evicted if he has not ceased using the facility as a residence within 24 hours; and
(b) He may continue to use the facility to store his personal property in accordance with the rental agreement.
2. If the person does not cease using the facility as a residence within 24 hours after receiving the notice to do so, the owner of the facility or his agent shall apply by affidavit for summary eviction to the justice of the peace of the township wherein the facility is located. The affidavit must contain:
(a) The date the rental agreement became effective.
(b) A statement that the person is using the facility as a residence.
(c) The date and time the person was served with written notice to cease using the facility as a residence.
(d) A statement that the person has not ceased using the facility as a residence within 24 hours after receiving the notice.
κ1989 Statutes of Nevada, Page 214 (CHAPTER 95, AB 55)κ
3. Upon receipt of such an affidavit the justice of the peace shall issue an order directing the sheriff or constable of the county to remove the person within 24 hours after receipt of the order. The sheriff or constable shall not remove the persons personal property from the facility.
4. For the purposes of this section facility for storage means real property divided into individual spaces which are rented or leased for storing personal property. The term does not include a garage or storage area in a private residence.
________
Assembly Bill No. 323Committee on Ways and Means
CHAPTER 96
AN ACT making an appropriation to the department of taxation for the payment of expenses related to the travel and operating cost of the governors commission to study fiscal affairs of state and local government in Nevada; and providing other matters properly relating thereto.
[Approved April 26, 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 taxation the sum of $915.41 for the payment of expenses related to the travel and operating cost of the governors commission to study fiscal affairs of state and local government in Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 141Senator Joerg
CHAPTER 97
AN ACT relating to taxation; revising the requirements for granting a deferral of the payment of taxes on retail sales of capital goods; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 372.397 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 215 (CHAPTER 97, SB 141)κ
372.397 1. Payment of the tax on the sale of capital goods for a sales price of $100,000 or more may be deferred without interest in accordance with this section. If the sales price is:
(a) At least $100,000 but less than $350,000, the tax must be paid within 12 months.
(b) At least $350,000 but less than $600,000, the tax must be paid within 24 months.
(c) At least $600,000 but less than $850,000, the tax must be paid within 36 months.
(d) At least $850,000 but less than $1,000,000, the tax must be paid within 48 months.
(e) One million dollars or more, the tax must be paid within 60 months.
Payment must be made in each month at a rate which is at least sufficient to result in payment of the total obligation within the permitted period.
2. A person may apply to the commission on economic development for such a deferment. If [the] a purchase is made outside of the state from a retailer who is not registered with the department, an application for a deferment must be made in advance or, if the purchase has been made, within 60 days after the date on which the tax is due. If a purchase is made in this state from a retailer who is registered with the department and to whom the tax is paid, an application must be made within 60 days after the payment of the tax. If the application for a deferment is approved, the taxpayer is eligible for a refund of the tax paid.
3. The commission on economic development shall certify the persons eligibility for a deferment if:
(a) The purchase is consistent with the commissions plan for industrial development and diversification [, it shall certify the persons eligibility for] ; and
(b) The commission determines that the deferment is a significant factor in the decision of the person to locate or expand a business in this state.
Upon certification, the commission shall immediately forward the deferment to the Nevada tax commission.
[3.] 4. Upon receipt of such a certification, the Nevada tax commission shall verify the sale, the price paid and the date of the sale and assign the applicable period for payment of the deferred tax. It may require security for the payment in an amount which does not exceed the amount of tax deferred.
[4.] 5. The Nevada tax commission shall adopt regulations governing:
(a) The aggregation of related purchases which are made to expand a business, establish a new business, or renovate or replace capital equipment; and
(b) The period within which such purchases may be aggregated.
Sec. 2. NRS 374.402 is hereby amended to read as follows:
374.402 1. Payment of the tax on the sale of capital goods for a sales price of $100,000 or more may be deferred without interest in accordance with this section. If the sales price is:
(a) At least $100,000 but less than $350,000, the tax must be paid within 12 months.
(b) At least $350,000 but less than $600,000, the tax must be paid within 24 months.
κ1989 Statutes of Nevada, Page 216 (CHAPTER 97, SB 141)κ
(c) At least $600,000 but less than $850,000, the tax must be paid within 36 months.
(d) At least $850,000 but less than $1,000,000, the tax must be paid within 48 months.
(e) One million dollars or more, the tax must be paid within 60 months.
Payment must be made in each month at a rate which is at least sufficient to result in payment of the total obligation within the permitted period.
2. A person may apply to the commission on economic development for such a deferment. If [the] a purchase is made outside of the state from a retailer who is not registered with the department, an application for a deferment must be made in advance or, if the purchase has been made, within 60 days after the date on which the tax is due. If a purchase is made in this state from a retailer who is registered with the department and to whom the tax is paid, an application must be made within 60 days after the payment of the tax. If the application for a deferment is approved, the taxpayer is eligible for a refund of the tax paid.
3. The commission on economic development shall certify the persons eligibility for deferment if:
(a) The purchase is consistent with the commissions plan for industrial development and diversification [, it shall certify the persons eligibility for] ; and
(b) The commission determines that the deferment is a significant factor in the decision of the person to locate or expand a business in this state.
Upon certification, the commission shall immediately forward the deferment to the Nevada tax commission.
[3.] 4. Upon receipt of such a certification, the Nevada tax commission shall verify the sale, the price paid and the date of the sale and assign the applicable period for payment of the deferred tax. It may require security for the payment in an amount which does not exceed the amount of tax deferred.
[4.] 5. The Nevada tax commission shall adopt regulations governing:
(a) The aggregation of related purchases which are made to expand a business, establish a new business, or renovate or replace capital equipment; and
(b) The period within which such purchases may be aggregated.
Sec. 3. The amendatory provisions of this act do not apply to any purchase for which the tax was deferred pursuant to NRS 372.397 or 374.402 before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 217κ
Assembly Bill No. 349Assemblymen McGinness, Triggs, Lambert, Adler, Kissam, Garner, Humke, Arberry, Spinello, Gaston, Gibbons, Wisdom, Diamond, McGaughey, Swain, Chowning, Carpenter, Regan, Spriggs, Sader, Porter, Nevin and Wendell Williams
CHAPTER 98
AN ACT relating to pupils; allowing, under certain circumstances, a pupil who began kindergarten or first grade in another state to continue his education in this state regardless of the age of the pupil; and providing other matters properly relating thereto.
[Approved April 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.060 is hereby amended to read as follows:
388.060 1. The board of trustees of a school district, with the approval of the superintendent of public instruction, may establish, equip and maintain a kindergarten or kindergartens in a school attendance area.
2. Any child who will arrive at the age of 5 years by September 30 may be admitted to kindergarten at the beginning of the school year and his enrollment [shall] must be counted for apportionment purposes.
3. [If] Except as otherwise provided in subsection 4, if a child will not arrive at the age of 5 years by September 30, the child [shall] must not be admitted to kindergarten until the beginning of the school year following his [5th] fifth birthday.
4. A child who becomes a resident of this state after beginning kindergarten in another state in accordance with the laws of that state may be admitted to kindergarten if a kindergarten has been established in his school attendance area, regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
5. The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for such purposes by including the costs in the next regular budget for the school district.
Sec. 2. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send [such] the child to a public school during all the time [such] the public school is in session in the school district in which [such] the child resides.
2. Any child who will arrive at the age of 6 years by September 30 must be admitted to a regular school program, and may be admitted to the first grade at the beginning of the school year, and his enrollment [shall] must be counted for apportionment purposes. If a child will not arrive at the age of 6 years by September 30, the child [shall] must not be admitted to the first grade until the beginning of the school year following his [6th] sixth birthday.
3. Whenever a child who has arrived at the age of 6 years but not at the age of 7 years is enrolled in a public school, each parent, guardian or other person in the State of Nevada having control or charge of [such] the child shall send [the child] him to the public school during all the time [such] the school is in session.
κ1989 Statutes of Nevada, Page 218 (CHAPTER 98, AB 349)κ
person in the State of Nevada having control or charge of [such] the child shall send [the child] him to the public school during all the time [such] the school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
4. A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
Sec. 3. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 112Assemblymen Humke, Gaston, Spinello, Marvel, Evans, DuBois, McGinnis, Spriggs, Triggs, Gibbons and Bogaert
CHAPTER 99
AN ACT relating to juvenile courts; revising various provisions concerning practice and procedure; and providing other matters properly relating thereto.
[Approved April 27, 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. The district attorney, after consultation with the probation officer, may file a petition alleging that a child is a serious or chronic offender.
2. The court may determine that a child is a serious or chronic offender if the child:
(a) Is at least 16 years of age; and
(b) Has been adjudicated:
(1) On at least three separate occasions of having committed delinquent acts that would constitute felonies if committed by an adult; or
(2) As having committed a delinquent act that would constitute manslaughter, battery causing substantial bodily harm, assault with a deadly weapon, sexual assault, armed robbery or kidnaping if committed by an adult.
Sec. 2. NRS 62.090 is hereby amended to read as follows:
62.090 1. The judge, in his discretion, may appoint any person qualified by previous experience, training and demonstrated interest in youth welfare as master. The master, upon the order of the judge in proceedings arising under the provisions of this chapter, may swear witnesses and take evidence. No probation officer may act as master unless the proceeding concerns only a minor traffic offense.
κ1989 Statutes of Nevada, Page 219 (CHAPTER 99, AB 112)κ
2. Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile [Justice] and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile courts on the first occasion when such instruction is offered after he is appointed . [, unless excused by written order of the judge who appointed him or his successor, which order must be filed with the court administrator. The order is final for all purposes.]
3. The compensation of a master in juvenile sessions may not be taxed against the parties, but when fixed by the judge must be paid out of appropriations made for the expenses of the district court.
4. The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.
5. Notice in writing of the masters findings and recommendations, together with the notice of right of appeal as provided in this section, must be given by the master, or someone designated by him , to the parent, guardian or custodian, if any, of the child, or to any other person concerned. A hearing by the court must be allowed upon the filing with the court by such person of a request for a hearing if the request is filed within 5 days after the giving of the notice. [If no hearing by the court is requested, the] The findings and recommendations of the master, [when confirmed] unless reversed or modified by an order of the court, [become] constitute a decree of the court.
Sec. 3. NRS 62.211 is hereby amended to read as follows:
62.211 1. If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court [shall] must not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and [shall] must not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
κ1989 Statutes of Nevada, Page 220 (CHAPTER 99, AB 112)κ
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects [.] or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
(f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(g) Require the child to [participate in a program designed to] provide restitution to the victim of the crime which the child has committed.
(h) Impose a fine on the child.
2. If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public.
3. If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[3.] 5. Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit [to the institution or agency] a summary of its information concerning the child [.] and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child [as] that the court may require.
Sec. 4. NRS 62.271 is hereby amended to read as follows:
62.271 Whenever the court has taken jurisdiction over a person pursuant to the provisions of this chapter, it may order any person [over the age of 18 years] :
κ1989 Statutes of Nevada, Page 221 (CHAPTER 99, AB 112)κ
1. Under the age of 18 years who has been adjudicated to be delinquent and placed on probation by the court to be placed in a facility for the detention of juveniles for not more than 30 days for the violation of probation.
2. Eighteen years of age or older and under the age of 21 years who has been placed on probation by the court to be placed either in the county jail or the state prison for the violation of [such] probation.
Sec. 5. NRS 62.355 is hereby amended to read as follows:
62.355 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the name or race of any child connected with any proceedings under this chapter may not be published in or broadcasted or aired by any news medium without a written order of the court.
2. If there have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult, and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.
3. The court may release for publication and broadcast the names of and nature of the charges against children who are adjudicated to be serious or chronic offenders.
________
Assembly Bill No. 132Committee on Elections
CHAPTER 100
AN ACT relating to political parties; clarifying the definition of a political party; revising the procedure for nominating candidates if only one major political party has candidates for an office; requiring under certain circumstances additional information to be maintained and included on the county clerks list of registered voters; and providing other matters properly relating thereto.
[Approved April 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
Major political party means any organization which qualifies as such pursuant to NRS 293.128.
Sec. 2. NRS 293.033 is hereby amended to read as follows:
293.033 Central committee means [either] the county or the state authority of a major political party.
Sec. 3. NRS 293.073 is hereby amended to read as follows:
293.073 Political party means any [organization which qualifies as such pursuant to NRS 293.128.] minor or major political party.
Sec. 4. NRS 293.128 is hereby amended to read as follows:
293.128 1. To qualify as a major political party any organization must, under a common name:
κ1989 Statutes of Nevada, Page 222 (CHAPTER 100, AB 132)κ
(a) On January 1 preceding any primary election, have been designated as a political party on the affidavits of registration of at least 10 percent of the total number of registered voters in the state; or
(b) File a petition with the secretary of state not later than the last Friday in June before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 65 days before the last Friday in June preceding a primary election.
Sec. 5. NRS 293.130 is hereby amended to read as follows:
293.130 1. On the dates set by the respective state central committees in each year in which a general election is to be held, a county convention of each major political party must be held at the county seat of each county or at such other place in the county as the county central committee designates.
2. The county central committee of each major political party shall cause notice of the holding of the county convention of its party to be published in one or more newspapers, if any, published in the county, which notice must be in substantially the following form:
NOTICE OF........(NAME OF PARTY)........CONVENTION
Notice is hereby given that the county Convention of the ............................. Party for ...................... County will be held at ................... in ......................., on ..........., the ...... day of ............, 19...; that at the convention delegates to the ........... State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention shall be chosen at ...........(name of party).............. precinct meetings to be held in each voting precinct in the county on or before the ..... day of ..........., 19...; and that each of the voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:
Name of precinct Number of delegates
...................................................................... to ...............................................................
...................................................................... to ...............................................................
............................................... (Name of party)
County Central Committee of ........................... County, Nevada
By .......................................................................(Its Chairman)
And .....................................................................(Its Secretary)
κ1989 Statutes of Nevada, Page 223 (CHAPTER 100, AB 132)κ
Sec. 6. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any major political party for that county must be in proportion to the number of registered voters of that party residing in [such] the precinct as follows:
[Counties with fewer than 400 registered voters.]
(a) In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct is entitled to one delegate for each five registered voters.
[Counties with 400-600 registered voters.]
(b) In counties in which the total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct is entitled to one delegate for each eight registered voters.
[Counties with 600-800 registered voters.]
(c) In counties in which the total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct is entitled to one delegate for each 10 registered voters.
[Counties with 800-1,400 registered voters.]
(d) In counties in which the total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct is entitled to one delegate for each 15 registered voters.
[Counties with 1,400-2,000 registered voters.]
(e) In counties in which the total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct is entitled to one delegate for each 20 registered voters or major fraction [of such number.
Counties with 2,000-3,000 registered voters.] thereof.
(f) In counties in which the total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct is entitled to one delegate for each 30 registered voters or major fraction [of such number.
Counties with 3,000-4,000 registered voters.] thereof.
(g) In counties in which the total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct is entitled to one delegate for each 35 registered voters or major fraction [of such number.
Counties with more than 4,000 registered voters.] thereof.
(h) In counties in which the total number of registered voters of that party has exceeded 4,000, each precinct is entitled to one delegate for each 50 registered voters or major fraction [of such number.] thereof.
2. The county clerk shall determine the number of registered voters of each party in each precinct as of the [1st] first Monday in January of each year in which a convention is held, and shall notify the secretary of state and the county central committee of each major political party of [such] those numbers within 30 days after the determinative date.
3. In all counties every precinct is entitled to at least one delegate to each county convention.
Sec. 7. NRS 293.135 is hereby amended to read as follows:
293.135 1. The county central committee of each major political party in each county shall have a precinct meeting of the registered voters of the party residing in each voting precinct entitled to delegates in the county convention called and held on or before the fifth day preceding the dates set by the respective state central committees in each year in which a general election is held.
κ1989 Statutes of Nevada, Page 224 (CHAPTER 100, AB 132)κ
by the respective state central committees in each year in which a general election is held.
2. The meeting [or meetings] must be held in one of the following places in the following order of preference:
(a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate [their meetings if the meetings are for] a meeting of two or more precincts; or
(b) Any private building within the precinct or one of the precincts.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building were the meeting is to be held at least 5 days before the date of the meeting [.] ; and
(b) Publishing at least 5 days before the date of meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published.
4. The notice must be printed in conspicuous display advertising format of not less than 10 column inches, and must include the following language, or words of similar import:
Notice to All Voters Registered
in the (State Name of Major Political Party)
Nevada state law requires each major political party, in every year during which a general election is held, to have a precinct meeting held for each precinct. All persons registered in the party and residing in the precinct are entitled to attend the precinct meeting. Delegates to your partys county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meeting.
[4.] 5. The notice must specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
Sec. 8. NRS 293.137 is hereby amended to read as follows:
293.137 1. Promptly at the time and place appointed therefor, [such] the mass meeting must be convened and organized for each precinct. If access to the premises appointed for any such meeting is not available, the meeting may be convened at an accessible place immediately adjacent thereto. [Such a] The meeting must be conducted openly and publicly and in such a manner that it is freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the partys county convention must be elected by ballot. The result of the election must be certified to the county convention of the party by the chairman and the secretary of the meeting upon the forms specified in subsection 3.
κ1989 Statutes of Nevada, Page 225 (CHAPTER 100, AB 132)κ
2. At the precinct meetings, the delegates and alternates to the partys convention must be elected. If a meeting is not held for a particular precinct at the location specified, that precinct must be without representation at the county convention unless the meeting was scheduled, with proper notice, and no registered voter of the party appeared. In that case, the meeting shall be deemed to have been held and the position of delegate is vacant. If a position of delegate is vacant, it must be filled by the designated alternate, if any. If there is no designated alternate, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.
3. The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate must be in duplicate. The original must be given to the elected delegate, and the duplicate transmitted to the county central committee.
4. All [such] duplicates must be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates must be seated without dispute.
5. Each major political party shall adopt written rules not less than 95 days before the date set by the state central committee or fixed by law for the county convention or by January 1 of the calendar year of the national convention or conference, whichever is earlier, governing, but not limited to, the following procedures:
(a) The selection, rights and duties of committees of a convention;
(b) Challenges to credentials of delegates; and
(c) Majority and minority reports of committees.
Sec. 9. NRS 293.143 is hereby amended to read as follows:
293.143 1. The county central committee of a major political party to be elected by the county convention of the party must consist of such [a] number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, is entitled to have at least one committeeman and no precinct may have more committeemen than its authorized number of delegates to the county convention.
2. After the county convention of the party, the composition of the county central committee may be changed by the county central committee to reflect changes in the organization of precincts and in the number of registered voters of the party, using the same standards adopted by the party to elect delegates to the county convention.
Sec. 10. NRS 293.150 is hereby amended to read as follows:
293.150 1. The delegates elected to the state convention of each major political party by the several county conventions of that party shall convene on such respective dates as the state central committees of the parties designate in each year in which the general election is to be held, at the state capital, or at such other place in the state as the state central committee of that party designates. The delegates shall there organize, adopt a state party platform, and elect a state central committee for that party for the ensuing term and the chairman thereof.
κ1989 Statutes of Nevada, Page 226 (CHAPTER 100, AB 132)κ
platform, and elect a state central committee for that party for the ensuing term and the chairman thereof.
2. The state central committee of each major political party may convene additional state conventions of its party at such times and places as it designates during the period between the state conventions, as provided in subsection 1, and the next ensuing precinct meetings, as provided in NRS 293.135. The composition of the delegates at those conventions must be the same as that certified pursuant to subsection 3 of NRS 293.140.
Sec. 11. NRS 293.153 is hereby amended to read as follows:
293.153 The state central committee of each major political party shall consist of as many registered voters affiliated with [such] the party as may be determined by the state convention of [such] the party, but there [shall] must be at least one member from each county in the state.
Sec. 12. NRS 293.170 is hereby amended to read as follows:
293.170 1. Not less than 60 days before a primary or a general election, the county central committee of each major political party for each county may recommend to the county clerk of [such] the county three registered voters for each precinct in the county to act as election board officers of the primary or general election in [such] the precinct or district.
2. [Subsequent to such] Not less than 60 days before a general election, the executive committee of each minor political party for each county may recommend to the county clerk of the county three registered voters for each precinct in the county to act as election board officers of the general election in the precinct or district.
3. After that date the county clerk may accept recommendations for reserve election board officers for [such] the election.
Sec. 13. NRS 293.175 is hereby amended to read as follows:
293.175 1. The primary election must be held on the first Tuesday of September in each even-numbered year.
2. Candidates of a major political party and candidates for nonpartisan offices must be nominated at the primary election.
3. Candidates of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171.
4. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
Sec. 14. NRS 293.180 is hereby amended to read as follows:
293.180 1. Ten or more registered voters may, not earlier than the last Monday in May nor later than 5 p.m. on the last Friday in June, file a certificate of candidacy designating any registered voter as a candidate for his major political partys nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office. When the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of candidacy and pays the required fee, as provided by law, he is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.
κ1989 Statutes of Nevada, Page 227 (CHAPTER 100, AB 132)κ
the primary election in like manner as if he had filed a declaration of candidacy.
2. If a certificate of candidacy relates to a partisan office, all of the signers must be of the same major political party as the candidate designated.
Sec. 15. NRS 293.257 is hereby amended to read as follows:
293.257 1. There [shall] must be a separate primary ballot for each major political party. The names of candidates for partisan offices who have designated a major political party in the declaration of candidacy or acceptance of candidacy must appear on the primary ballot of the major political party designated.
2. The county clerk may choose to place the names of candidates for nonpartisan offices on the ballots for each major political party or on a separate nonpartisan primary ballot, but the arrangement which he selects must permit all registered voters to vote on them.
Sec. 16. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name [or names] of the [candidates] candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office.
4. If only one major political party has candidates for a particular office, and no minor political party has nominated a candidate for the office:
(a) If there are more candidates than twice the number to be elected to the office, the candidates of that party who receive the highest number of votes at the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
[3.] 5. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.
[4.] 6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
Sec. 17. NRS 293.263 is hereby amended to read as follows:
293.263 On the primary ballots for a major political party [primary ballots] the name of the [particular] major political party must appear at the top of the ballot. Following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the partisan office for which those candidates filed.
κ1989 Statutes of Nevada, Page 228 (CHAPTER 100, AB 132)κ
grouped alphabetically under the title and length of term of the partisan office for which those candidates filed.
Sec. 18. NRS 293.287 is hereby amended to read as follows:
293.287 1. A registered voter applying to vote at any primary election shall give his name and political affiliation, if any, to the election board officer in charge of the election board register, and the officer shall immediately announce the name and political affiliation.
2. Any persons right to vote may be challenged by any registered voter upon any of the grounds allowed for a challenge in NRS 293.303 or on the ground that the person applying does not belong to the political party [or minor political party] designated upon the register, or that the register does not show that he designated the political party [or minor political party] to which he claims to belong.
3. Any such challenge must be disposed of in the manner provided by NRS 293.303.
4. When the election board is satisfied as to the name, political affiliation and identity of the registered voter, the board shall issue the proper party and nonpartisan ballot.
5. A registered voter who has designated on his affidavit of registration an affiliation with a minor political party may vote a nonpartisan ballot at the primary election.
Sec. 19. NRS 293.440 is hereby amended to read as follows:
293.440 1. Any person who desires a copy of any list of the registered voters in any precinct, district or county and who provides an assurance that the list will be used only for purposes relating to elections, may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per name on the list, but one copy of each original and supplemental list for each precinct, district or county must be provided to the county central committee of any major political party, upon request, without charge.
2. The copy of the list provided pursuant to this section must indicate each voters address, date of birth, telephone number and the serial number of his affidavit of registration. If the county maintains this information in a computer data base, the date of each addition and revision made on or after July 1, 1989, to an entry must be included in the data base and on any resulting list of the information. The date must be expressed numerically in the order of year, month and date.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.
4. A county which has a system of computers capable of recording information on magnetic tape shall, upon request of the county central committee of any major political party, record for that central committee on magnetic tape supplied by it the list of registered voters and the information required in subsection 2.
Sec. 20. NRS 293.820 is hereby amended to read as follows:
293.820 1. It is unlawful for any person to solicit any money for any organization the title of which incorporates the name, or any form of the name, of any political party [or minor political party] in this state without first having obtained written approval therefor, or a charter for that organization, from the central or executive committee of that political party the name of which is being used or incorporated in the title of that organization for the county in which the money is being solicited.
κ1989 Statutes of Nevada, Page 229 (CHAPTER 100, AB 132)κ
first having obtained written approval therefor, or a charter for that organization, from the central or executive committee of that political party the name of which is being used or incorporated in the title of that organization for the county in which the money is being solicited.
2. This section does not require any person or organization to obtain a charter or written approval if that person or organization is:
(a) Publicly organized for the sole and limited purpose of supporting the candidacy of a particular candidate in a single election.
(b) Chartered by a national political party or organization.
(c) Chartered by a state central committee in Nevada.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 21. NRS 293B.130 is hereby amended to read as follows:
293B.130 Before any election where a mechanical voting system is to be used, the county or city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:
1. All lawful votes cast by each voter must be counted.
2. All unlawful votes, including but not limited to overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the voters registration, must not be counted.
3. If the election is:
(a) A primary election held in an even-numbered year, other than a presidential preference primary; or
(b) A general election,
the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.
4. The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.
Sec. 22. NRS 293B.190 is hereby amended to read as follows:
293B.190 When used in primary elections, the list of offices and candidates and the statements of measures to be voted on for each mechanical recording device, except those devices intended solely for nonpartisan voters, must be so arranged that it contains a page or pages setting forth the ballot of one major political party only, followed by a page or pages setting forth the nonpartisan ballot and so that the voter may cast his partisan and nonpartisan votes on a single ballot but may not cast his partisan votes for a candidate of another major political party.
Sec. 23. NRS 293B.300 is hereby amended to read as follows:
293B.300 1. In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot which is of a distinctive color associated with the voters major political party, which contains a distinctive code associated with that party and on which is clearly printed the name of the party.
κ1989 Statutes of Nevada, Page 230 (CHAPTER 100, AB 132)κ
2. The member of the election board shall then direct the partisan voter to a mechanical recording device containing the list of offices and candidates arranged for the voters major political party in the manner provided in NRS 293B.190.
Sec. 24. NRS 293B.305 is hereby amended to read as follows:
293B.305 Unless a major political party allows a nonpartisan voter to vote for its candidates:
1. In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot of a distinctive color, code and printed designation identifying it as a nonpartisan ballot.
2. The member of the election board shall then:
(a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot;
(b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes he may cast in the partisan section will not be counted; or
(c) Issue a nonpartisan ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct him to punch his ballot by reference to the sample ballot.
Sec. 25. NRS 293.087 is hereby repealed.
Sec. 26. This act becomes effective on July 1, 1989.
________
Senate Bill No. 172Senator Beyer
CHAPTER 101
AN ACT relating to industrial insurance; providing protection to land surveyors from liability for accidents covered by industrial insurance; clarifying that exclusiveness of remedy under industrial insurance applies to architects and engineers performing services for the owner of property; and providing other matters properly relating thereto.
[Approved April 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.370 is hereby amended to read as follows:
616.370 1. The rights and remedies provided in this chapter for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.
2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.
κ1989 Statutes of Nevada, Page 231 (CHAPTER 101, SB 172)κ
3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect , land surveyor or engineer who performs services for [the contractor or any] :
(a) The contractor;
(b) The owner of the property; or
(c) Any such beneficially interested persons.
4. If an employee receives any compensation or accident benefits under this chapter, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.
________
Assembly Bill No. 161Committee on Government Affairs
CHAPTER 102
AN ACT relating to cities; revising the provisions relating to the incorporation of a city; creating a local governmental advisory committee to review petitions for incorporation; and providing other matters properly relating thereto.
[Approved April 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 266 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10 inclusive, of this act.
Sec. 2. 1. The local governmental advisory committee, consisting of 11 members, is hereby created.
2. The following associations shall each appoint three members to serve on the committee:
(a) Nevada League of Cities;
(b) Nevada Association of County Commissioners; and
(c) Nevada School Trustees Association.
3. The Nevada state board of accountancy shall appoint two members to serve on the committee.
4. Each appointment must be for a term of 3 years.
5. All vacancies must be filled as soon as practicable by the appointing authority of the person who vacated the seat.
6. If any of the associations listed in subsection 2 cease to exist, the appointments required by subsection 2 must be made by the associations successor in interest or, if there is no successor in interest, one each by the other appointing authorities.
Sec. 3. Upon receipt of a petition that has been certified as sufficient by the county clerk, the board of county commissioners shall:
κ1989 Statutes of Nevada, Page 232 (CHAPTER 102, AB 161)κ
1. Within 30 days request a report on the advisability of incorporation and the feasibility of the proposed city, including, but not limited to, the factors set forth in section 7 of this act and a determination of whether the requirements set forth in NRS 266.017 have been satisfied, from the local governmental advisory committee. The report must be in writing and be delivered to the board of county commissioners not later than 90 days after the report is requested, unless the committee determines the requirements set forth in NRS 266.017 have not been satisfied. Upon receipt of the report, the board shall supply a copy of the report upon request to any person for the cost of reproduction.
2. Within 30 days transmit a copy of the petition to the executive director of the department of taxation.
3. Transmit a copy of the petition to any state, county or regional planning commission or agency that exercises planning authority over any part of the area proposed to be incorporated and to every other local government within the county.
Sec. 4. 1. The department of taxation shall prepare a concise statement concerning the estimated fiscal effect of the incorporation on the residents of the proposed city, including an estimated tax rate and an example of that tax rate applied for 1 year to a median-priced home in the area of the proposed city compared to an example of the present tax rate in the area applied for the same period to the same home.
2. Within 30 days after receipt of the petition from the board of county commissioners, the department of taxation shall file with the local governmental advisory committee a statement of estimated fiscal effect prepared pursuant to subsection 1, and any explanatory material and calculations.
3. The local governmental advisory committee shall:
(a) Approve or revise and approve the statement of estimated fiscal effect at a public meeting; and
(b) Transmit the statement to the county clerk within 30 days after receipt of the statement from the department of taxation.
4. The statement of estimated fiscal effect prepared by the department of taxation must not affect any subsequent calculations made by the department if the city is incorporated.
Sec. 5. 1. If the local governmental advisory committee determines that a petition for incorporation does not satisfy the requirements set forth in NRS 266.017, it shall notify the board of county commissioners in writing.
2. After a determination by the local governmental advisory committee that a petition does not satisfy the requirements of NRS 266.017, no further action on the petition for incorporation may be taken unless the determination is reversed by a district court pursuant to section 8 of this act.
Sec. 6. A commission, agency or district that receives a petition pursuant to subsection 3 of section 3 of this act may:
1. Review the petition for the proposed incorporation considering:
(a) The operating charter or enabling laws of the commission, agency or district;
(b) The factors set forth in section 7 of this act; and
(c) Any other information in its possession.
κ1989 Statutes of Nevada, Page 233 (CHAPTER 102, AB 161)κ
2. Report its recommendations regarding the proposed incorporation to the board of county commissioners in writing, not later than 60 days after it receives the petition.
Sec. 7. 1. To determine the advisability of incorporation and the feasibility of the proposed city, the board of county commissioners shall consider the following factors with regard to the area proposed to be incorporated:
(a) Its population and density of population;
(b) The land area, land uses, topography, natural boundaries and drainage basin;
(c) The extent to which the area is devoted to agriculture, mineral production or other uses that may not require significant improvements to the property;
(d) The extent of commercial and industrial development;
(e) The extent and age of residential development;
(f) The comparative size and assessed value of subdivided land and unsubdivided land;
(g) Current and potential issues concerning transportation;
(h) Past expansion of population and construction;
(i) The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years;
(j) The present cost, method and adequacy of regulatory controls and governmental service, including, but not limited to, water and sewer service, fire rating and protection, police protection, improvement and maintenance of streets, administrative services and recreational facilities in the area and the future need for such services and controls;
(k) The present and projected revenues for the county and the proposed city;
(l) The probable effect of incorporation on revenues and services in the county and local governments in adjacent areas;
(m) The probable effect of the proposed incorporation and of any alternatives to incorporation on the social, economic and governmental structure of the affected county and adjacent areas;
(n) The probable effect of the proposed incorporation and of any alternatives to incorporation on the availability and requirement of water and other natural resources; and
(o) Any determination by a governmental agency that the area is suitable for residential, commercial or industrial development, or that the area will be opened to private acquisition.
2. If the area proposed to be incorporated is within 5 miles of an existing city, in addition to the factors listed in subsection 1, the board of county commissioners shall consider:
(a) The size and population of the existing city;
(b) Growth in population and commercial and industrial development in the existing city during the past 10 years;
(c) Any extension of the boundaries of the existing city during the past 10 years;
(d) The probability of growth of the existing city toward the area proposed to be incorporated in the next 10 years, considering natural barriers and other factors that might influence such growth; and
κ1989 Statutes of Nevada, Page 234 (CHAPTER 102, AB 161)κ
(e) The willingness of the existing city to annex the area proposed for incorporation and to provide services to the area.
3. The board of county commissioners shall also consider:
(a) The recommendations of any commission, agency, district or member of the public who submits a written report;
(b) Testimony from any person who testifies at a hearing; and
(c) Existing petitions for annexation of any part of the area.
Sec. 8. A qualified elector or any other person who has an ownership interest in real property within the area proposed to be incorporated, and who is aggrieved by the determination of the local governmental advisory committee pursuant to section 5 of this act may appeal the determination to the district court within 30 days after the committee notifies the board of county commissioners of the determination. The district court shall limit its review to the issues contained within the record of the public hearing and in the determination. The district court may allow the record to be supplemented by additional evidence concerning those issues. The determination of the local governmental advisory committee may be reversed only upon a showing that the determination is in violation of constitutional or statutory provisions, is arbitrary or capricious or involves an abuse of discretion. If the determination of the local governmental advisory committee is reversed, the committee shall complete its report pursuant to section 3 of this act and the procedure for incorporation must be continued as if the local governmental advisory committee had not made its determination.
Sec. 9. 1. At least 10 days before an election held pursuant to NRS 266.029, the county clerk or registrar of voters shall cause to be mailed to each qualified elector a sample ballot for his precinct with a notice informing the elector of the location of his polling place.
2. The sample ballot must:
(a) Be in the form required by NRS 266.032
(b) Include the information required by NRS 266.032.
(c) Describe the area proposed to be incorporated by assessors parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.
(d) Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.
Sec. 10. Upon approval of the incorporation by the voters, the board of county commissioners shall authorize a land surveyor registered pursuant to chapter 625 of NRS to prepare a legal description of the area of the incorporated city by metes and bounds and courses and distances. The cost of the survey is a charge against the incorporated city.
Sec. 11. NRS 266.016 is hereby amended to read as follows:
266.016 As used in NRS 266.016 to 266.0445, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires [, qualified] :
κ1989 Statutes of Nevada, Page 235 (CHAPTER 102, AB 161)κ
1. Qualified elector means a person who is registered to vote in this state and is a resident of the area to be included in the proposed city, as shown by the last official registration lists.
2. A petition is sufficient if the county clerk:
(a) Verifies the signatures and addresses of the signers of the petition with the voting list maintained by the county registrar of voters;
(b) Certifies that the number of valid signatures represents the percentage of the total number of qualified electors in the area proposed to be incorporated that is required; and
(c) Determines that the petition for incorporation includes the information required pursuant to NRS 266.019.
3. Urban in character means an area that is used intensively for residential, commercial, industrial, institutional, urban recreational or governmental purposes, or as conservation park lands, and that is susceptible to services offered by a city.
4. A lot or parcel is used for residential purposes if it is 5 acres or less in area and improved with a habitable dwelling unit of a permanent nature.
Sec. 12. NRS 266.017 is hereby amended to read as follows:
266.017 The area [of] to be included in a city proposed to be incorporated pursuant to NRS 266.016 to 266.0445, inclusive, and sections 2 to 10, inclusive of this act, must:
1. Be [contiguous.
2.] currently used or suitable for residential, commercial, industrial or governmental purposes.
2. Be contiguous and urban in character, and include all contiguous area used for residential purposes.
3. Have an average population density which is:
(a) Not less than four persons per acre if the proposed city is within 7 miles of the county seat; or
(b) At least equal to the density of any city that is within 7 miles of the proposed boundaries, if the proposed city is not within 7 miles of the county seat.
If the area proposed to be included in the city is more than 7 miles away from the county seat and more than 7 miles away from any existing city, there is no requirement concerning density of population.
4. Not include any portion of a parcel of privately owned real property that has not been subdivided and is 100 acres or more in area without the written consent of the owner.
5. Not include any area within the boundaries of an existing incorporated city.
[3.] 6. If the area of a city proposed to be incorporated includes the area of any unincorporated town, include the entire area of the unincorporated town.
Sec. 13. NRS 266.019 is hereby amended to read as follows:
266.019 1. The petition for incorporation must [:
(a) Include a description of the area to be incorporated;
(b) State the proposed name of the city to be incorporated; and
(c) Have affixed to it an accurate map or plat of the city proposed to be incorporated and proof of the number of persons who reside within the city.]
κ1989 Statutes of Nevada, Page 236 (CHAPTER 102, AB 161)κ
include the following information concerning the area proposed to be incorporated:
(a) A description of the area prepared by a land surveyor registered pursuant to chapter 625 of NRS, which need not be made from a current survey nor contain courses and distances measured from fixed points, but may be based upon assessors parcel maps, existing boundaries of subdivision or parcel maps, visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.
(b) The proposed name of the city.
(c) The total acreage of the area.
(d) The number of persons who reside in the area.
(e) The number of owners of record of real property within the area.
(f) A statement that the area meets the requirements of NRS 266.017.
(g) A statement of the committees plans for providing police and fire protection, maintaining the streets, providing water and sewer services, collecting the garbage and providing administrative services in the proposed city, with an estimate of the costs and sources of revenue.
(h) A map or plat of the area which is prepared from the description required by paragraph (a) and that shows the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.
2. The petition must be substantially in the following form:
PETITION FOR INCORPORATION
To the Board of County Commissioners of .......................... County, Nevada:
We, the undersigned qualified electors of the State of Nevada respectfully petition the board of county commissioners to submit a proposal to incorporate as a city certain unincorporated contiguous area located within ................... County namely, ................................. (describe area to be incorporated), to the qualified electors who reside within the area to be incorporated, for their approval or disapproval at a special election to be held for that purpose.
Each signer of this petition states:
1. I have personally signed this petition as a qualified elector of this state; and
2. I have correctly stated on this petition my residence, mailing address and the date of my signature.
Sec. 14. NRS 266.027 is hereby amended to read as follows:
266.027 1. The board of county commissioners shall, within [30] 14 days after it receives [a petition which has been certified as sufficient by the county clerk or otherwise determined to be sufficient,] the report requested pursuant to section 3 of this act, designate a date, time and place for a public hearing on the petition [.] and the report.
2. The date of the public hearing must not be earlier than 14 days nor later than 30 days after the date on which the date, time and place of the public hearing was [announced] designated.
κ1989 Statutes of Nevada, Page 237 (CHAPTER 102, AB 161)κ
3. The board of county commissioners shall cause notice of the public hearing, including a copy of the petition without signatures, to be published in a newspaper of general circulation within the county at least 7 days before the hearing is held. The board shall provide notice of the date, time and place set for the public hearing at least 7 days before the hearing is held to the governing body of each city or town within the county.
Sec. 15. NRS 266.028 is hereby amended to read as follows:
266.028 1. The board of county commissioners shall keep a record of the hearing and [allow any] include as part of the record the report requested pursuant to section 3 of this act and any report submitted by a commission, agency or district pursuant to section 6 of this act.
2. The board of county commissioners shall allow any interested person to present oral or written testimony at the hearing. The board may invite representatives from state and local governments to present testimony.
[2.] 3. The board may hold additional hearings but all hearings on the petition must be completed within 30 days after the initial hearing is held.
Sec. 16. NRS 266.029 is hereby amended to read as follows:
266.029 1. [The board of county commissioners shall, within 14 days after the hearing on the petition is completed, issue its opinion in writing on the advisability of the incorporation of the proposed area.] Upon conclusion of the final hearing, the board of county commissioners may take the matter under consideration and shall, within 30 days after the conclusion of the hearing, issue an opinion, in writing, concerning the advisability of the incorporation and the feasibility of the proposed city.
2. The board shall designate a date on which the election will be held. The date of the election must not be earlier than 60 days nor later than 120 days after the board issues its opinion.
3. The board shall cause notice of the election to be published in a newspaper of general circulation within the county at least once each week for 3 consecutive weeks. The final publication of notice must be published before the day of the election.
4. The notice must include a copy of the petition, a description of the area proposed to be incorporated, the statement of the estimated fiscal effect of the proposed incorporation prepared pursuant to section 4 of this act, the location of the polling places and the date and time of the election.
Sec. 17. NRS 266.032 is hereby amended to read as follows:
266.032 The ballots used for the election held pursuant to NRS 266.029 must [be] :
1. Be in substantially the following form:
Shall the area described as ...............................................(describe area) be incorporated as the City of ................... (name of city)?
Yes ......................
No ........................
The voter shall mark the ballot by placing a cross (x) next to the word yes or no.
2. Contain the statement of the estimated fiscal effect of the proposed incorporation prepared pursuant to section 4 of this act.
κ1989 Statutes of Nevada, Page 238 (CHAPTER 102, AB 161)κ
3. Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing streets, sewer interceptors and outfalls and their proposed extensions.
Sec. 18. NRS 266.034 is hereby amended to read as follows:
266.034 1. The costs [of] incurred by the board of county commissioners in carrying out the provisions relating to the incorporation, including the costs incurred in certifying the petition, publishing the notices [and] , requesting the report pursuant to section 3 of this act, conducting the public hearing and election, including the cost of mailing the sample ballots, and any appeal pursuant to section 8 of this act are a charge against the county if the proposed incorporation is not submitted to the voters or the incorporation is disapproved by the voters, and a charge against the incorporated city if the incorporation is approved by the voters.
2. The costs incurred by the incorporators in carrying out the provisions relating to the incorporation, including the costs incurred in preparation of the petition for incorporation, preparation of the descriptions and map of the area proposed to be incorporated and circulation of the petition are chargeable to the incorporated city if the incorporation is approved by the voters.
Sec. 19. NRS 354.594 is hereby amended to read as follows:
354.594 The department of taxation shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive. It shall make such determinations after hearing the advice and recommendations of [an 11-member advisory committee composed of three persons appointed by the Nevada League of Cities, three persons appointed by the Nevada Association of County Commissioners, three persons appointed by the Nevada School Trustees Association and two persons appointed by the Nevada state board of accountancy. Each appointment shall be for a term of 3 years.] the local governmental advisory committee.
Sec. 20. NRS 354.5988 is hereby amended to read as follows:
354.5988 1. If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. If the amount of the supplemental city-county relief tax otherwise distributable to a local government exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem, the excess must be distributed to the other local governments in the county in the proportion that the maximum allowable revenue of each local government in that county bears to the total maximum allowable revenue of all local governments in that county excluding those governments whose share of the proceeds of the tax exceeded their maximum allowable revenue. If the proceeds of the tax exceed the maximum allowable revenue for all local governments within a county, the excess must be deposited in the reserve fund for the supplemental city-county relief tax. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.
κ1989 Statutes of Nevada, Page 239 (CHAPTER 102, AB 161)κ
2. [The] Except as provided in subsections 3 and 4, the money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the sum of the money in the fund at the beginning of any fiscal year and any money which will accrue to the fund from revenues of the preceding fiscal year exceeds $12,500,000, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year, except that the distribution to each local government must be so limited that it does not receive from this distribution, from distributions pursuant to NRS 377.057 and from taxes ad valorem a total amount greater than its maximum allowable combined revenue. This distribution must be included in the executive directors estimate of money to be received by each local government from the supplemental city-county relief tax.
3. The interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created, but:
(a) Until the balance in the fund reaches $10,000,000 no such distribution may be made; and
(b) The next $2,500,000 transferred into the fund is available for distribution pursuant to this subsection.
In making such a determination, the committee shall consider the recommendation of the executive director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual decrease in population served, a decrease in total revenue of at least 5 percent, and natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution. The total amount which may be distributed pursuant to this subsection must not exceed 25 percent of the amount in the fund at the beginning of that fiscal year.
4. The interim finance committee may direct the state controller to make a special distribution from the fund to a newly created city after the incorporation has been approved by the voters and officers have been elected, and before the effective date of the incorporation, if it determines that the money is needed for expenses incurred by the city that must be paid before the effective date of the incorporation of the city, including salaries and expenses of the officers and other administrative costs. The money must be distributed in the form of a loan and must be repaid to the fund by the city from revenue received after the effective date of the incorporation upon terms set by the interim finance committee.
Sec. 21. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 240κ
Assembly Bill No. 409Assemblymen Price, Bergevin, Adler, Arberry, Myrna Williams, Banner, DuBois, Swain, Kerns, Humke, Marvel, Thompson, Callister, Diamond, Sheerin, Gaston, Freeman, Evans, Lambert, Nevin, McGaughey, Gibbons, Spriggs, Triggs, Chowning, Schofield, Regan, McGinness, Bogaert, Spinello, Jeffrey, Brookman, Fay, Porter, Sedway, Sader, Wendell Williams, Wisdom, Carpenter and Kissam
CHAPTER 103
AN ACT relating to the history of Nevada; creating a commission to celebrate the 125th anniversary of Nevadas admission to the union; and providing other matters properly relating thereto.
[Approved May 3, 1989]
whereas, The Congress of the United States passed an Act, which was approved on March 21, 1864, entitled, An Act to enable the people of Nevada to form a Constitution and State Government, and for admission of such State into the Union on an equal footing with the original States; and
whereas, A state constitution was telegraphed to President Abraham Lincoln on October 17, 1864, and on October 31, 1864, President Lincoln declared and proclaimed Nevada to be the 36th State in the Union; and
whereas, October 31, 1989, is the beginning of Nevadas 125th Anniversary year, an event that will be commemorated in celebrations conducted in 1989 and 1990; and
whereas, During the 125th anniversary year it is fitting and proper that the anniversary be observed by the people of Nevada in memory of the historic admission to the Union and, more importantly, in memory of the citizens of the state who have given their lives for this nation and who have always placed the interest of this great nation foremost in their hearts and minds; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby created the Nevada one hundred and twenty-fifth anniversary commission consisting of nine members to be appointed by and to serve at the pleasure of the governor. The governor shall appoint a member of the Carson City Nevada Day committee as one of the members. Members serve on the commission without salary.
Sec. 2. The governor shall designate one member of the commission as chairman. Meetings of the commission must be held at the time and place that the chairman or a majority of the members designate. Five members of the commission constitute a quorum for all purposes and the affirmative votes of a majority of the members present are necessary to adopt any rule, regulation or order of the commission.
Sec. 3. 1. The commission may:
(a) Organize and support the promotion and staging of the celebration of the 125th anniversary of Nevadas admission into the Union.
κ1989 Statutes of Nevada, Page 241 (CHAPTER 103, AB 409)κ
(b) Encourage counties and cities of the state to adopt a coordinated plan to celebrate Nevadas admission to the Union.
(c) Appoint advisory committees representing various locales.
(d) Appoint a secretary.
(e) Accept gifts of money for the purposes stated in this act.
(f) Contract for the services of such independent contractors as it deems necessary when money is available therefor.
(g) Do any other things that are consistent with law to ensure the success of the 125th anniversary celebration.
2. The commission shall cooperate with the Carson City Nevada Day committee on the celebration to be held in Carson City, Nevada, on Nevada Day, October 31, 1989, and any other celebration that the commission deems appropriate. The commission shall conclude its business as soon as possible after June 30, 1991.
Sec. 4. 1. All money received by the commission by gift or from any other source must be deposited with the state treasurer for credit to the account for Nevadas 125th anniversary in the state general fund.
2. Money in the account may be transferred to the secretary of states operating general fund budget account and used to enable the commission to exercise the powers and perform the duties enumerated in section 3 of this act. Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.
3. Money in the account must be paid out on claims certified by the commission in the same manner as other claims against the state are paid. On June 30, 1991, the account for Nevadas 125th anniversary terminates and the state controller shall transfer any money remaining in the account, after all payments of money committed for expenditure have been made, to the state general fund.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 194Committee on Government Affairs
CHAPTER 104
AN ACT relating to counties; abolishing Bullfrog County; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.020 is hereby amended to read as follows:
244.020 1. [Except as otherwise provided in NRS 244.092, county] County commissioners must be qualified electors of their respective counties and have such other qualifications as are provided in this chapter.
2. No county or township officer is eligible to the office of county commissioner.
κ1989 Statutes of Nevada, Page 242 (CHAPTER 104, SB 194)κ
Sec. 2. NRS 244.025 is hereby amended to read as follows:
244.025 1. [Except as otherwise provided in NRS 244.092, county] County commissioners must be elected by the qualified electors of their respective counties.
2. At the general election held in 1968 and at the general election every 4 years thereafter, two persons must be elected to serve on the board of county commissioners for terms of 4 years.
3. At the general election held in 1970 and at the general election held every 4 years thereafter, one person must be elected to serve on the board of county commissioners for a term of 4 years.
4. This section does not apply to counties having a population of 100,000 or more.
Sec. 3. NRS 244.040 is hereby amended to read as follows:
244.040 1. Any vacancy occurring in any board of county commissioners must be filled by appointment of the governor. Except in Carson City, the governor shall appoint a suitable person who is a member of the same political party as the most recent holder of the vacant office.
2. The term of office of a person appointed to the office of the county commissioner [pursuant to this section] does not, by virtue of the appointment, extend beyond 12 p.m. of the day preceding the 1st Monday of January next following the next general election.
Sec. 4. NRS 244.1505 is hereby amended to read as follows:
244.1505 1. A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county . [or the state.] The board may grant all or part of the money to [:
(a) The state; or
(b) A] a private organization, not for profit, to be expended for the selected purpose.
2. A grant to a private organization must be made by resolution which must specify:
(a) The purpose of the grant;
(b) The maximum amount to be expended from the grant; and
(c) Any conditions or other limitations upon its expenditure.
Sec. 5. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in [subsections 2 and 3,] subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
κ1989 Statutes of Nevada, Page 243 (CHAPTER 104, SB 194)κ
3. [The board of county commissioners may regulate all industries, occupations, professions and business in its county which involve high-level nuclear waste, including without limitation, the act of transporting the waste into or through the county by motor vehicle, railroad car or any other means, any may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
4.] No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state [or an agency of the Federal Government] has issued or will issue a license required for this activity.
[5.] 4. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
[6.] 5. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 6. NRS 245.040 is hereby amended to read as follows:
245.040 1. Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which [shall] must be kept open all days except Sundays and nonjudicial days from 9 a.m.
κ1989 Statutes of Nevada, Page 244 (CHAPTER 104, SB 194)κ
Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of public business, but nothing contained [herein shall be construed so as to interfere] in this subsection interferes with any duty now required of any public official under any of the election laws of this state. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.
2. Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer [shall] must be kept open for the transaction of public business. [Except in a county whose officers are appointed pursuant to NRS 244.092, any] Any order so made and entered must require each office to be kept open for not less than 40 hours during each week, and must not prevent the county clerk from closing his office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.
3. Any officer violating the provisions of this section is guilty of a misdemeanor, and if any officer mentioned in subsection 1 absents himself from his office except:
(a) When called away from his office by official duties;
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy qualified to act in his absence,
there must be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which such absence occurs. The money must be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners; but no order in the premises may be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.
Sec. 7. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state [, or the persons appointed to those offices,] are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1989 Statutes of Nevada, Page 245 (CHAPTER 104, SB 194)κ
|
ANNUAL SALARIES |
|||||||||
|
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 |
------- |
|
|
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 246 (CHAPTER 104, SB 194)κ
Sec. 8. NRS 245.050 is hereby amended to read as follows:
245.050 [Except in counties whose officers are appointed pursuant to NRS 244.092, all] All county officers and regular and temporary employees of the counties are entitled to be paid their salaries as fixed by law, ordinance or resolution either at regular 2-week intervals or in two equal semimonthly payments. If salaries are paid semimonthly, the first semimonthly payment for each month must be for the first half of that particular month, and the second semimonthly payment must be for the last half of the month.
Sec. 9. NRS 361.453 is hereby amended to read as follows:
361.453 [1. Except as otherwise provided in subsection 2,] The total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.
[2. The total ad valorem tax levy in a county in which one or more of the county commissioners is appointed pursuant to NRS 244.092 must not exceed $5 on each $100 of assessed valuation.]
Sec. 10. 1. NRS 243.001, 243.005, 243.312, 244.092, 244.093 and 244.094 are hereby repealed.
2. Sections 18 and 19 of chapter 819, Statutes of Nevada 1987, at page 2311, are hereby repealed.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 426Committee on Judiciary
CHAPTER 105
AN ACT relating to the fund for the compensation of victims of crime; eliminating the restriction on the use of money in the fund that was received from the imposition of a civil penalty for driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the hearings division of the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid. The board shall estimate quarterly:
(a) The revenue in the fund which is available for the payment of compensation; and
(b) The anticipated expenses for the next quarter.
κ1989 Statutes of Nevada, Page 247 (CHAPTER 105, AB 426)κ
If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.
3. The interest and income earned on the money in the fund for the compensation of victims of crime, after deducting any applicable charges, must be credited to the fund.
[4. Money deposited in the fund pursuant to NRS 484.3791, and the interest and income earned on that money, after deducting any applicable charges, must be accounted for separately and, except as otherwise provided in this subsection, used for compensation of victims who are physically injured or killed as the direct result of a violation of NRS 484.379 or an act or neglect of duty punishable pursuant to NRS 484.3795. No other money in the fund may be used for that purpose. The board may direct that the money in the separate account also be used to compensate other victims.]
Sec. 2. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 428Committee on Judiciary
CHAPTER 106
AN ACT relating to the legislative counsel; eliminating the requirement that the legislative counsel prepare a digest of judicial opinions; authorizing him to cooperate with a private publisher for the publication of the digest; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 220 of NRS is hereby amended by adding thereto a new section to read as follows:
The legislative counsel may, on such terms as he deems appropriate and with the approval of the legislative commission, enter into a contract with any publisher for the preparation and publication of a digest of judicial opinions construing or concerning the law of this state, or for cooperation in the preparation and publication of such a digest.
Sec. 2. NRS 220.100 is hereby amended to read as follows:
220.100 The legislative counsel shall:
1. Prepare annotations to Nevada Revised Statutes adopted by chapter 2, Statutes of Nevada 1957 . [, and digests of judicial opinions construing or concerning the law of the State of Nevada.]
2. Keep the material in Nevada Revised Statutes and the annotations [and digests] current as provided in NRS 220.160.
κ1989 Statutes of Nevada, Page 248 (CHAPTER 106, AB 428)κ
Sec. 3. NRS 220.120 is hereby amended to read as follows:
220.120 1. In preparing the annotations [and digests] and keeping Nevada Revised Statutes current, the legislative counsel is authorized:
(a) To adopt such system of numbering as he deems practical.
(b) To cause the revision to be published in a number of volumes deemed convenient.
(c) To cause the volumes to be bound in loose-leaf binders of good, and so far as possible, permanent quality.
2. The pages of Nevada Revised Statutes [shall] must conform in size and printing style to the pages of the Statutes of Nevada, and roman style type [only shall] must be used.
3. The legislative counsel shall classify and arrange the entire body of statute laws in logical order throughout the volumes, the arrangement to be such as will enable subjects of a kindred nature to placed under one general head, with necessary cross-references.
4. Notes of decisions of the supreme court, historical references and other material [shall] must be printed and arranged in such manner as the legislative counsel finds will promote the usefulness thereof.
5. The legislative counsel in keeping Nevada Revised Statutes current shall not alter the sense, meaning or effect of any legislative act, but may renumber sections and parts of sections thereof, change the wording of headnotes, rearrange sections, change reference numbers or words to agree with renumbered chapters or sections, substitute the word chapter for article and the like, substitute figures for written words and vice versa, change capitalization for the purpose of uniformity and correct manifest clerical or typographical errors.
6. The legislative counsel may create new titles, chapters and sections of Nevada Revised Statutes, or otherwise revise the title, chapter and sectional organization of Nevada Revised Statutes, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. [Such] Any new titles, chapters [and sections,] , sections and organizational revisions [, shall] have the same force and effect as the 58 titles originally enacted and designated as the Nevada Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.
7. The legislative counsel shall assign NRS numbers to such new permanent and general laws enacted at any legislative session.
Sec. 4. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have it printed, lithoprinted or reproduced by any other process by the state printing and micrographics division of the department of general services. The legislative commission shall determine the number of copies [which] that must be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes; and
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision . [; and
(c) Each volume of the digest of cases decided by the Nevada supreme court.]
κ1989 Statutes of Nevada, Page 249 (CHAPTER 106, AB 428)κ
2. Upon completion of the final printing or other reproduction the separate volumes must be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales [shall] must be deposited in the legislative fund.
3. A master copy of Nevada Revised Statutes must be kept in the office of the legislative counsel, and the master copy must not be removed from the office except in the custody of the legislative counsel.
Sec. 5. NRS 220.150 is hereby amended to read as follows:
220.150 [Moneys] Money in the legislative fund may be expended for:
1. Payment of the costs of printing, reproduction, binding and mailing of Nevada Revised Statutes, supplements thereto, annotations [and digest] and supplements thereto and other publications authorized by the legislative commission.
2. The purchase and maintenance of necessary equipment and the purchase of supplies connected with such publications.
3. The payment of salaries, payroll costs and contract services of personnel directly connected with such publications.
Sec. 6. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon the completion of Nevada Revised Statutes and the annotations , [and digests] the legislative counsel [is authorized and directed to] shall prepare and have printed or reproduced such replacement and supplementary pages for such laws [, annotations and digests] and annotations as may, from time to time, be necessary. In any event, the legislative counsel shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.
2. The intent of this section is that Nevada Revised Statutes [shall] be kept current insofar as [may be] possible. To that end, the provisions of this chapter [and,] , and in particular [,] NRS 220.120 [shall be applicable] , apply to the preparation and printing or reproduction of such replacement and supplementary pages.
3. Prices [shall] must be set by the legislative commission as near as possible to the cost of preparing, printing and reproduction. All [moneys] money received for the sale of such replacement and supplementary pages [shall] must be deposited to the credit of the legislative fund.
Sec. 7. NRS 220.165 is hereby amended to read as follows:
220.165 The legislative counsel shall provide:
1. A complete set of Nevada Revised Statutes [(excluding the annotations thereto and the digest of cases)] to each person who [is on July 1, 1967, or who becomes after such date] becomes a member of the legislature upon payment by the member [of the legislature] to the legislative counsel bureau of the sum of $50; and
2. Sets of replacement or supplementary pages, as issued, without charge, to each legislator during his term [or terms] of office if the legislator has acquired a set of Nevada Revised Statutes pursuant to subsection 1.
κ1989 Statutes of Nevada, Page 250 (CHAPTER 106, AB 428)κ
Sec. 8. NRS 220.167 is hereby amended to read as follows:
220.167 1. Each board of county commissioners shall provide a complete set of Nevada Revised Statutes [(excluding the annotations thereto and the digest of cases except as provided in subsection 4) for] to each district court or department thereof and [for] each justices court or department thereof regularly established in the county, and shall provide corresponding sets of replacement or supplementary pages as issued.
2. The governing body of each city shall similarly provide for each department of its municipal court.
3. If a justice of the peace is ex officio municipal judge, the county and city shall share equally the cost for his court.
[4. The board of county commissioners shall provide a set of the annotations to Nevada Revised Statutes and the digest of cases for each district court or department thereof and for the justices court in each township having a population of 50,000 or more and shall provide corresponding sets of replacement or supplementary pages as issued.]
Sec. 9. NRS 345.050 is hereby amended to read as follows:
345.050 1. The director of the legislative counsel bureau is authorized to sell the following publications:
(a) Nevada Reports.
(b) Statutes of Nevada.
(c) Compilation of laws:
(1) Compiled Laws of Nevada (18611873), by Bonnifield and Healy (two volumes).
(2) General Statutes Nevada 1885 (18611885), by Baily & Hammond.
(3) Compiled Laws of Nevada 18611900, by Cutting.
(4) Revised Laws of Nevada 1912, Volumes I and II (two volumes).
(5) Revised Laws of Nevada 1919, Volume III.
(6) Nevada Revised Statutes, including replacement and supplementary pages.
(d) Miscellaneous publications:
(1) Nevada Constitutional Debates & Proceedings 1864.
(2) Nevada and Sawyers Digest 1878.
(3) Nevada Digest Annotated (1912), by Patrick.
(4) Annotations to Nevada Revised Statutes , [and the Nevada Digest,] including replacement and supplementary pages.
(5) Journals of the assembly or senate.
(6) Appendices to journals of senate and assembly.
2. Prices for the publications enumerated in subsection 1 [shall] must be set by the legislative commission.
3. No volume [shall] may be sold or delivered until the purchase price [therefor is first received.
4. Moneys for] for the volume has been paid.
4. Money obtained from the sale of Nevada Reports [shall] must be deposited in the state general fund . [in the state treasury. Moneys for] Money obtained from the sale of all other publications enumerated in subsection 1 [shall] must be deposited in the legislative fund . [in the state treasury.]
κ1989 Statutes of Nevada, Page 251 (CHAPTER 106, AB 428)κ
Sec. 10. NRS 378.160 is hereby amended to read as follows:
378.160 As used in NRS 378.150 to 378.210, inclusive:
1. Print means all forms of printing and duplicating other than by use of carbon paper.
2. State agency includes the legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
3. State publication includes any document issued in print by any state agency and which may legally be released for public distribution, but does not include:
(a) Nevada Revised Statutes;
(b) Nevada Reports;
(c) Bound volumes of the Statutes of Nevada;
(d) The [Nevada Digest or] Annotations to Nevada Revised Statutes prepared by the legislative counsel;
(e) Press items of the University of Nevada System [which] that are not in the nature of public and other university items not designed for external distribution;
(f) Correspondence and intraoffice or interoffice communications [which] that are not of vital interest to the public; or
(g) Publications from established agencies which are required by federal and state law to be distributed to depositories [which] that duplicate those under NRS 378.200.
________
Assembly Bill No. 393Assemblymen Myrna Williams and Kissam
CHAPTER 107
AN ACT relating to local improvement districts; providing an optional procedure for the creation of a district; authorizing the issuance of variable interest rate bonds and variable interest rates on assessments; expanding the applicability of the consolidated local improvements law; requiring the recording of the assessment roll in the office of the county recorder; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The ordinance authorizing the issuance of bonds or any other instrument relating thereto may fix the rate or rates of interest on the bonds or provide for the determination of the rate or rates of interest on the bonds from time to time by a designated agent according to the procedure specified in that ordinance or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The governing body may contract with or select any person to make that determination.
κ1989 Statutes of Nevada, Page 252 (CHAPTER 107, AB 393)κ
2. The ordinance or other instrument providing for the determination of the rate or rates of interest must contain findings of the governing body that the procedure specified for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the governing body from fixing a maximum rate of interest.
3. If the ordinance authorizing the issuance of bonds or other instrument relating thereto provides for the determination of the rate or rates of interest on the bonds from time to time as provided in subsection 1, the rate of interest on the bonds, the rate of interest on unpaid installments of assessments and the rate or rates of interest imposed for reimbursement of any advances made under an agreement pursuant to section 3 of this act are not subject to any limitation on rates of interest provided by statute.
4. If the rate of interest on the bonds is determined from time to time as provided in this section, the resolution or ordinance fixing the rate of interest on the unpaid installments of assessments required by NRS 271.415 may provide that the rate of interest on the assessments will also be determined from time to time by a designated agent according to the procedure specified in that resolution or ordinance. The rate or rates of interest on the installments of the assessments as so determined must not exceed the rate or rates of interest on the bonds by more than the sum of 1 percent per annum plus an amount sufficient to reimburse the municipality for any fees paid to an agent for redetermining the rate of interest on the bonds and for remarketing the bonds and for any fees or reimbursements of advances paid to a third party who has provided an assurance of payment of the principal and interest on, and the premiums, if any, due in connection with the bonds.
Sec. 3. The governing body may enter into an agreement with a third party for an assurance of payments of the principal and interest on, and the premiums, if any, due in connection with any bonds issued pursuant to this chapter. The obligations of the municipality to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in the bonds or evidenced by another instrument as designated in the ordinance authorizing the issuance of those securities or any other instrument relating thereto. The governing body may assign its rights under that agreement.
Sec. 4. 1. A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320, inclusive, 271.330 to 271.345, inclusive, 271.380 and 271.385 and except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, chapters 332, 338 and 339 of NRS, if the governing body has entered into a written agreement with the owners of all of the property within the district which states that:
(a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:
κ1989 Statutes of Nevada, Page 253 (CHAPTER 107, AB 393)κ
(1) A provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract; and
(2) The price, stated as a lump sum or as unit prices, which the governing body agrees to pay for the project if the project meets all requirements and specifications in the contract.
(b) The owners of the property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in section 2 of this act, the owners will provide written notice to the governing body in a timely manner when a parcel of the property in the district is sold to a person who intends to occupy a dwelling unit on the parcel as his residence.
(c) The owners of the property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.
2. If an ordinance is adopted and the agreement entered into pursuant to subsection 1 so states:
(a) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to add additional property to the district. The assessments may be redistributed between the property originally in the district and the additional property if:
(1) The owners of the additional property also consent in writing to inclusion of their property in the district and to the amount of the assessment against their property; and
(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.
(b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove property from the district. The assessments may be redistributed among the property remaining in the district if:
(1) The owners of the remaining property consent in writing to the amount of the revised assessment on their property; and
(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.
(c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325, the ordinance authorizing interim warrants required by NRS 271.355, the ordinance levying assessments required by NRS 271.390, the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, and provide that the ordinances become effective at the time an emergency ordinance would have become effective.
(d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interim warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district.
κ1989 Statutes of Nevada, Page 254 (CHAPTER 107, AB 393)κ
bonds issued for the district. If a reverse fund is created, the governing body may provide for the disposition of interest earned on the reserve fund and for the disposition of the unexpended balance in the reserve fund after payment in full of the bonds for the district.
Sec. 5. 1. Any agreement made pursuant to section 4 of this act must:
(a) Include a description of the property in the district;
(b) Be signed by the chairman of the governing body and the owners of all property within the district;
(c) Be accompanied by an acknowledgment of each signature; and
(d) Be recorded in the office of the county recorder.
2. Upon recording pursuant to paragraph (d) of subsection 1, the agreement:
(a) Is binding on all subsequent owners of the property in the district;
(b) Is not extinguished by the sale of any property on account of nonpayment of general taxes or any other sale of the property; and
(c) Is prior and superior to all liens, claims, encumbrances and titles other than the liens of assessment and general taxes.
3. As a condition to executing an agreement pursuant to section 4 of this act, the governing body may require that the property owners make a deposit of cash, a surety bond, a letter of credit or such other security as is deemed appropriate by the governing body, in such an amount as will reimburse the municipality for all its expenses in connection with the district including, without limitation, the cost of:
(a) Designing and preparing plans and specifications for the improvements;
(b) Inspecting any work performed and any improvements installed;
(c) Any engineering, legal, financial or other experts retained by the municipality to advise it with respect to the district;
(d) Any mailings or publications made in connection with the district; and
(e) Any administrative costs, including any carrying cost and an appropriate portion of the salary of any municipal employee or employees who perform services in connection with the district,
and any other costs the municipality may incur in connection with the district.
4. The deposit required pursuant to subsection 3 must be applied to the expenses listed in subsection 3 if bonds are not issued or if the proceeds of the bonds are not sufficient to pay those expenses.
Sec. 6. 1. If the rate of interest on bonds issued and assessments levied for a district created pursuant to section 4 of this act is determined from time to time as provided in section 2 of this act, the rate of interest on assessments must be fixed for the remaining term of the installments for any assessment on a parcel of property which is sold after the date of the original agreement entered into pursuant to section 4 of this act to a person who intends to occupy a dwelling unit on the parcel as his residence, within 18 months after the date on which the governing body is notified in writing of the sale of the parcel to such a person.
2. The rate of interest on a portion of the bonds equal to the amount of the unpaid assessment installments whose rate of interest is fixed must also be fixed for the remaining term of those bonds. This section does not prohibit fixing the rate of interest on all or any portion of the other assessments in the district if the rate of interest on an equal amount of bonds is also fixed.
κ1989 Statutes of Nevada, Page 255 (CHAPTER 107, AB 393)κ
fixing the rate of interest on all or any portion of the other assessments in the district if the rate of interest on an equal amount of bonds is also fixed.
3. Whenever the rate of interest on assessments is fixed pursuant to this section, it must be fixed at a rate which does not exceed by more than 1 percent the highest rate or rates of interest on the corresponding portion of bonds whose rate of interest is then being fixed, plus an amount sufficient to reimburse the municipality for any fees paid to fix the rate of interest on the bonds and remarket the bonds at a fixed rate, and for any fees or reimbursements of advances paid to a third party who has provided an assurance of payment of the principal of, the interest on, and premiums, if any, due in connection with the bonds.
Sec. 7. NRS 271.015 is hereby amended to read as follows:
271.015 This chapter applies:
1. To any unincorporated town.
2. To any city, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.
3. To any county for any project outside of any city.
4. To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this state otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.
5. To a county for a project or benefited property within the boundaries of a city, if the city within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.
6. To a city for a project or benefited property outside the boundaries of the city, if the county or other city within whose boundaries the project or benefitted property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.
Sec. 8. NRS 271.325 is hereby amended to read as follows:
271.325 1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by ordinance, create the district and order the proposed project or projects to be acquired or improved.
2. The ordinance [shall] must prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed , [(] without mentioning minor details . [).]
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
κ1989 Statutes of Nevada, Page 256 (CHAPTER 107, AB 393)κ
(d) The character and extent of any construction units.
3. The engineer may further revise [such] the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended [prior to] before letting any construction contract therefor and [prior to] before any work being done other than by independent contract let by the municipality.
4. The ordinance, as amended, if amended, [shall] must order the work to be done as hereinafter provided.
5. Upon adoption or amendment of the ordinance, the governing body shall cause to be filed in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.
Sec. 9. 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] 2 nor more than 20 substantially equal annual installments, or not less than [four] 4 nor more than 40 substantially equal semiannual installments, or not less than [eight] 8 nor more than 80 quarterly installments of principal.
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. [The] Except as otherwise provided in sections 2 and 6 of this act, the governing body shall:
(a) Before assessment bonds are issued or if bonds are not issued, fix the rate 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 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 rate of interest on the assessment bonds.
3. Nothing herein contained limits 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.
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 and in the assessment ordinance.
κ1989 Statutes of Nevada, Page 257 (CHAPTER 107, AB 393)κ
Sec. 10 NRS 271.420 is hereby amended to read as follows:
271.420 1. The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, [shall be] is secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.
2. [Each such] The final assessment roll, endorsed by the clerk as the roll designated in the assessment ordinance, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the assessment roll as provided in this subsection nor any defect in the roll as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.
3. The lien upon each tract assessed [shall:
(a) Be coequal] is:
(a) Coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not [be] subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) [Be prior] Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
[3.] 4. No statute of limitations [shall begin] begins to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof [shall become] becomes due.
Sec. 11. NRS 271.425 is hereby amended to read as follows:
271.425 1. Should any tract be divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such an apportionment, when approved, [shall be] is conclusive on all the parties, and all assessments thereafter made upon [such tracts shall] the tracts must be according to [such] the subdivision.
3. The report, when approved, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the report as provided in this subsection nor any defect in the report as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.
Sec. 12. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.
2. Bonds may be sold at a public or private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in sections 2 and 6 of this act, at a price will not result in an effective rate of interest [rate] which exceeds 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 if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
κ1989 Statutes of Nevada, Page 258 (CHAPTER 107, AB 393)κ
rate of interest [rate] which exceeds 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 if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. [The] Except as otherwise provided in sections 2 and 6 of this act, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the aforesaid limitation, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds which were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time; but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.
10. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.
Sec. 13. The amendatory provisions of this act do not apply to any district for which proceedings were commenced pursuant to chapter 271 of NRS before the effective date of this act unless the governing body by resolution or ordinance elects to have the provisions of this act apply to the district.
κ1989 Statutes of Nevada, Page 259 (CHAPTER 107, AB 393)κ
Sec. 14. This act becomes effective upon passage and approval.
________
Assembly Bill No. 437Assemblymen Thompson, Jeffrey and Callister
CHAPTER 108
AN ACT relating to counties; extending to all counties the authority to acquire, sell or lease real property for industrial development; exempting such leases from certain requirements for bidding; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sec. 1. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.
2. Except as otherwise provided in NRS 244.279, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution must:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
κ1989 Statutes of Nevada, Page 260 (CHAPTER 108, AB 437)κ
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person must be finally accepted.
6. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
7. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
8. Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.
9. All money received from rentals of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.
10. This section does not apply to leases of real property made pursuant to NRS 244.288 or 334.070.
Sec. 2. NRS 244.288 is hereby amended to read as follows:
244.288 1. [The] Notwithstanding the provisions of NRS 244.275, the board of county commissioners of a county , [whose population is less than 9,000,] upon making a finding pursuant to a public hearing that a county industrial park is necessary to meet the needs of the county, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan , [and] establish requirements for and carry out the:
(a) Acquisition, sale or lease of real property by the county for industrial development [; and] , upon such lawful terms and conditions as are agreed to by the board.
(b) Design, engineering and construction of industrial developments [.] for sale or lease
2. The board shall:
(a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the county, or if there is no such newspaper then in a newspaper of general circulation in the county published in the state; and
(b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.
3. The board may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years, but afterward the board may extend it year by year. Any attempted assignment of such an option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the board with the county recorder.
4. After review by the planning commission, a member of the board or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the board.
κ1989 Statutes of Nevada, Page 261 (CHAPTER 108, AB 437)κ
5. The board shall, after a public hearing, approve or reject the proposed plan.
________
Assembly Bill No. 412Committee on Judiciary
CHAPTER 109
AN ACT relating to the program of compensation for certain victims of crime; requiring that compensation officers of the state board of examiners be employed in the classified service of the state; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:
Compensation officer means a compensation officer of the hearings division of the department of administration.
Sec. 2. NRS 217.020 is hereby amended to read as follows:
217.020 As used in NRS 217.010 to 217.270, inclusive, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 217.090 is hereby amended to read as follows:
217.090 1. The clerk of the board [may] shall appoint one or more compensation officers . [, who must have had responsible and successful administrative experience. Each compensation officer is entitled to receive a wage of not more than $50 as determined by contract for each hour spent in performing his duties, but not more than $250 per case.]
2. A compensation officer shall:
(a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:
(1) Compiling bills and medical reports from physicians who have treated the victim for his injury;
(2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury [;
(3) Reviewing] and verifying that information with the employer of the victim;
(3) Obtaining and reviewing reports of peace officers and statements of witnesses; and
(4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.
(b) After completing his investigation, make a report and recommendation to the hearing officer.
κ1989 Statutes of Nevada, Page 262 (CHAPTER 109, AB 412)κ
[3. If an attorney admitted to practice law in this state has been appointed as a compensation officer, he shall not represent or otherwise assist a claimant for compensation with any matter relating to the circumstances which have resulted or may result, directly or indirectly, in a claim.]
Sec. 4. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Risk management division.
(c) Hearings division, which consists of hearing officers , compensation officers and appeals officers.
Sec. 5. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the risk management division.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers [,] and compensation officers, who are in the classified service of the state.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Has such other powers and duties as are provided by law.
Sec. 6. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 262Assemblymen Price, Spinello, Callister, Bogaert, Gibbons, Marvel, Brookman, Sader, Thompson, Adler, Kissam, Lambert, Arberry, McGinness, Humke, Freeman, McGaughey, Diamond, DuBois, Bergevin, Myrna Williams, Wisdom, Spriggs, Gaston, Carpenter, Sheerin, Banner, Dini, Fay, Chowning, Regan, Kerns, Porter, Nevin, Jeffrey, Sedway and Evans
CHAPTER 110
AN ACT relating to property tax; exempting all property owned by charitable foundations established by institutions in the University of Nevada System; and providing other matters properly relating thereto.
[Approved May 3, 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 a new section to read as follows:
All real and personal property owned by a charitable foundation established by the board of regents of the University of Nevada System is exempt from taxation, but the property must be taxed when it is used for any purpose other than carrying out the legitimate functions of the foundation.
κ1989 Statutes of Nevada, Page 263 (CHAPTER 110, AB 262)κ
from taxation, but the property must be taxed when it is used for any purpose other than carrying out the legitimate functions of the foundation.
Sec. 2. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 198Committee on Government Affairs
CHAPTER 111
AN ACT relating to the Tahoe Basin; revising the requirements for the transfer, sale, exchange or lease of land or an interest in land acquired by the state land registrar in the Tahoe Basin; requiring the state land registrar to report quarterly on such transactions to the state board of examiners; providing that money received from such transactions be deposited with the state treasurer; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 585, Statutes of Nevada 1985, as amended by chapter 444, Statutes of Nevada 1987, at page 1028, is hereby amended to read as follows:
Sec. 6. 1. The state land registrar shall administer the purchase of land in the Tahoe Basin, and he may adopt regulations necessary to carry out the program. The state land registrar shall make all offers for the purchase of the land, but the state board of examiners has the final authority to approve or disapprove a purchase. The state land registrar may, [with the approval of the interim finance committee and the state board of examiners,] for such consideration as he deems to be reasonable and in the public interest, transfer, sell, exchange or lease lands or interests in lands acquired to other state agencies, federal agencies, local governments [,] and nonprofit organizations . [and natural persons.] The state land registrar may, at a price not less than its fair market value, transfer, sell, exchange or lease lands or interests in lands acquired to other persons or entities. The state land registrar shall report quarterly to the state board of examiners on the lands or interests in land transferred, sold, exchanged or leased pursuant to this section. All money received by the state land registrar from such a transfer, sale, exchange or lease must be deposited with the state treasurer for credit to the account in the state general fund for the proceeds from the sale of bonds authorized in section 1 of this act. The money received from such transactions may be expended to carry out the purposes of this act.
2. The state land registrar, in cooperation with the administrator of the division of conservation districts of the state department of conservation and natural resources, shall carry out the program for the control of erosion and the mitigation and prevention of pollution in the Tahoe Basin, and may adopt regulations necessary to carry out the program. In carrying out this program, the state land registrar may make grants to other state agencies, local governments and nonprofit organizations.
κ1989 Statutes of Nevada, Page 264 (CHAPTER 111, AB 198)κ
carrying out this program, the state land registrar may make grants to other state agencies, local governments and nonprofit organizations.
3. As used in this section, interest in land includes:
(a) An easement for conservation as that term is defined in NRS 111.410;
(b) The right to develop the land;
(c) The right to cover the land with an impermeable surface; and
(d) Such other easements or rights as are appurtenant to the land.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 12Senator Jacobsen
CHAPTER 112
AN ACT relating to legislative audits; authorizing the legislative commission to provide for the presentation of the written report of each audit and reports of the progress of corrective action to the audit subcommittee before the reports are presented to the legislative commission; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.823 is hereby amended to read as follows:
218.823 1. The legislative auditor shall present a final written report of each audit to the legislative commission and furnish copies to all members of the legislature, other appropriate state officers and the head of the agency audited.
2. The legislative commission may by regulation provide for the presentation of the final written report of each audit to the audit subcommittee before the report is presented to the legislative commission.
3. Except as otherwise required by this chapter, the legislative auditor shall not disclose the content of any audit before it is presented to the legislative commission.
Sec. 2. NRS 218.8245 is hereby amended to read as follows:
218.8245 1. Each person who submits a plan pursuant to paragraph (a) or (b) of subsection 1 of NRS 218.8235 shall, within 6 months after submission of the plan, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
2. The director of the department of administration shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218.8235, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
κ1989 Statutes of Nevada, Page 265 (CHAPTER 112, SB 12)κ
3. The legislative auditor shall submit each report received pursuant to subsections 1 and 2 to the legislative commission and the interim finance committee. If the legislature is in session, the legislative auditor shall also submit the reports to each member of the assembly standing committee on ways and means and the senate standing committee on finance. The legislative commission may review the reports, conduct hearings to examine any justification for a failure to carry out the recommendations of the legislative auditor and report its findings to the legislature.
4. The legislative commission may by regulation:
(a) Provide that reports received by the legislative auditor pursuant to subsections 1 and 2 must be submitted to the audit subcommittee before they are submitted to the legislative commission.
(b) Authorize the audit subcommittee to:
(1) Review the reports;
(2) Conduct hearings to examine any justification for a failure to carry out the recommendations of the legislative auditor; and
(3) Report its findings to the legislative commission.
________
Senate Bill No. 65Committee on Government Affairs
CHAPTER 113
AN ACT relating to county improvement; authorizing certain counties to create a taxing district to provide a telephone number to be used in an emergency; permitting an increase in the maximum rate for the levy of an ad valorem tax in such districts; changing, in certain districts, the date for the submission of the tentative budget for the operation of the district; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board in any county whose population is less than 250,000 may submit to the voters of that county the question of whether a taxing district to establish a system to provide a telephone number to be used in an emergency should be created within the county. If the question is approved, the board, by ordinance, shall create such a district.
2. The boundary of a district created pursuant to subsection 1:
(a) Must be defined in the ordinance;
(b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and
(c) May include only the area served by the system.
3. The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.
κ1989 Statutes of Nevada, Page 266 (CHAPTER 113, SB 65)κ
Sec. 2. NRS 244A.765 is hereby amended to read as follows:
244A.765 As used in NRS 244A.765 to 244A.777, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Board means the board of county commissioners.
2. District means a taxing district created to establish a system to provide a telephone number to be used in an emergency.
3. System means the system to provide a telephone number to be used in an emergency.
Sec. 3. NRS 244A.773 is hereby amended to read as follows:
244A.773 The board [may,] shall, upon the approval of the voters of the county [,] pursuant to NRS 244A.767 and section 1 of this act, levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitations imposed by NRS 354.59805, 354.59811 and 354.59816.
Sec. 4. NRS 244A.775 is hereby amended to read as follows:
244A.775 1. The board shall determine annually [,] the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate, not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 3, which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.
2. If the operation of the system has been delegated to the metropolitan police department, it shall submit to the board before [March] April 1 of each year a budget for the operation of the system for the following fiscal year. The board shall consider the [departments] budget of the department in making its determination of the amount of money necessary to be raised by taxation.
3. [Upon approval of the rate, the] The maximum rate provided by subsection 1 for the levy of the tax may be increased if the board so proposes to the registered voters of the district, specifying the proposed rate, 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.
4. The board shall levy and collect the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the board.
Sec. 5. NRS 268.773 is hereby amended to read as follows:
268.773 The council, upon the approval of the voters of the city [,] pursuant to NRS 268.767, may levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitations imposed by NRS 354.59805, 354.59811 and 354.59816.
Sec. 6. NRS 268.775 is hereby amended to read as follows:
268.775 1. The council shall determine annually [,] the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 2, which when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.
2. [Upon approval of the rate, the] The maximum rate provided by subsection 1 for the levy of the tax may be increased if the council so proposes to the registered voters of the district, specifying the proposed rate, 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.
κ1989 Statutes of Nevada, Page 267 (CHAPTER 113, SB 65)κ
registered voters of the district, specifying the proposed rate, 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.
3. The council shall levy the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the council.
________
Senate Bill No. 114Committee on Legislative Affairs and Operations
CHAPTER 114
AN ACT relating to legislative bills; requiring the legislative counsel upon request to disclose to a legislator whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.625 is hereby amended to read as follows:
218.625 1. The director, other officers and employees of the legislative counsel bureau shall not:
(a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.
(b) Except as otherwise provided in this section and NRS 218.2475, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.
2. Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.
3. When a bill or resolution drafted at the request of any person who is not a legislator is delivered to a legislator, the legislative counsel shall disclose the identity of the requester to the recipient, and when the bill or resolution has been introduced he shall upon request disclose the identity of the requestor to any legislator.
4. When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
5. The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission may prescribe.
κ1989 Statutes of Nevada, Page 268 (CHAPTER 114, SB 114)κ
at such reasonable hours and under such other conditions as the legislative commission may prescribe.
6. If a legislator asks whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.
7. Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requestor of the fact that a duplicative request has been made. If the request is submitted by a legislator on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requestor of the fact that the request is duplicative.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 182Senator Getto
CHAPTER 115
AN ACT relating to the protection of children; requiring a person placing a child in protective custody to show identification; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.390 is hereby amended to read as follows:
432B.390 1. An agent or officer of a law enforcement agency, an officer of the juvenile probation department or a designee of an agency which provides protective services may place a child in protective custody without the consent of the person responsible for the childs welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect. An agency which provides protective services shall request the assistance of a law enforcement agency in the removal of the child if it has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
2. Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to subsection 1 to place a child in protective custody.
κ1989 Statutes of Nevada, Page 269 (CHAPTER 115, SB 182)κ
a person authorized pursuant to subsection 1 to place a child in protective custody.
3. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for [such] those children, but the child [shall] must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
[3. Any]
4. A person placing a child in protective custody shall [immediately:
(a) Take] :
(a) Immediately take steps to protect [any other child] all other children remaining in the home or facility, if necessary;
(b) [Make] Immediately make a reasonable effort to inform the person responsible for the childs welfare that the child has been placed in protective custody; and
(c) As soon as practicable, inform the agency which provides protective services and the appropriate law enforcement agency.
________
Assembly Bill No. 197Committee on Transportation
CHAPTER 116
AN ACT relating to traffic laws; exempting articulated buses from the limitation on length applicable to buses generally; and providing other matters properly relating thereto.
[Approved May 3, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.739 is hereby amended to read as follows:
484.739 1. [No] Except as otherwise provided in subsection 2, the length of a bus or motortruck may not exceed [a length of] 40 feet.
2. A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.
3. Except as otherwise provided in subsections [3 and 6,] 4 and 7, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
[3.] 4. The department of transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length, but in no event exceeding 105 feet. The regulations must establish standards for the operation of such vehicles [, which standards] which must be consistent with their safe operation upon the public highways and must include [, but not be limited to, the following:] :
(a) Types and number of vehicles to be permitted in combination;
κ1989 Statutes of Nevada, Page 270 (CHAPTER 116, AB 197)κ
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles is not permitted on highways where, in the opinion of the department of transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.
[4.] 5. Combinations of vehicles operated under the provisions of subsection [3] 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
The distance between axles must be measured to the nearest foot. When a fraction is exactly one-half foot the next largest whole number must be used. [Such] The permits may be restricted in such manner as the department of transportation considers necessary and may, at the option of the department, be canceled without notice. No such permits may be issued for operation on any highway where that operation would prevent the state from receiving federal money for highway purposes.
[5.] 6. Upon approving an application for a permit to operate combinations of vehicles under the provisions of subsection [4,] 5, the department of transportation shall withhold issuance of the permit until [such time as] the applicant has furnished proof of compliance with the provisions of NRS 706.531.
[6.] 7. The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection [3] 4 or to NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.
(d) The drivers vision is not impaired by the projecting or supporting structure.
[7.] 8. Lights and other warning devices which are required to be mounted on a vehicle under this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.
κ1989 Statutes of Nevada, Page 271 (CHAPTER 116, AB 197)κ
[8.] 9. This section does not apply to:
(a) Vehicles used by a public utility for the transportation of poles;
(b) A combination of vehicles consisting of a tractor drawing a semitrailer that does not exceed 48 feet in length; or
(c) A combination of vehicles consisting of a tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length.
Sec. 2. NRS 706.531 is hereby amended to read as follows:
706.531 1. After the department of transportation has approved an application for a permit under the provisions of subsection [4] 5 of NRS 484.739, and before issuance, the department shall issue special identifying devices for combinations of vehicles to be operated under the permit, which must be carried and displayed on any combination operating under the permit in such a manner as the department determines. The devices issued may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. The devices may be used only on motor vehicles regularly licensed under the provisions of NRS 482.482 or 706.516.
2. The annual fee for each identifying device or set of devices for a combination of vehicles is $30 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required under the provisions of this chapter.
3. Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
________
κ1989 Statutes of Nevada, Page 272κ
Assembly Bill No. 245Assemblymen Gaston, Brookman, Chowning, Kissam, Diamond, Myrna Williams, Garner, Jeffrey, Wisdom, Callister, Gibbons, Porter, Regan, Carpenter, Nevin, Swain, Fay, Bogaert, Spinello, Sedway and Arberry
CHAPTER 117
AN ACT relating to cruelty to animals; authorizing certain officers to seize from agricultural lands animals which are being cruelly treated; providing for the impoundment and sale of those animals under certain circumstances; authorizing actions which are established methods of animal husbandry; and providing other matters properly relating thereto.
[Approved May 4, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following special taxes, fees and other money must be deposited in the livestock inspection fund:
(a) All special taxes on livestock as provided by law, except the assessment collected pursuant to NRS 565.075 and any tax levied pursuant to NRS 575.070.
(b) Fees and moneys collected pursuant to the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.
(e) Fees collected under the provisions of chapter 573 of NRS.
(f) Proceeds from the sale of an animal which are remaining after the payment of charges relating to the impoundment of the animal pursuant to the provisions of subsection 6 of NRS 574.055.
(g) Fees collected under the provisions of chapter 576 of NRS.
[(g)] (h) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as may be necessary under the provisions of chapter 571 of NRS.
3. Expenditures from the livestock inspection fund must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
4. The interest and income earned on the money in the livestock inspection fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 574.055 is hereby amended to read as follows:
574.055 1. Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.
κ1989 Statutes of Nevada, Page 273 (CHAPTER 117, AB 245)κ
2. When an officer takes possession of an animal, he shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, he shall post the notice on the property from which he takes the animal. If the identity and address of the owner is later determined, the notice must be mailed to the owner immediately after the determination is made.
3. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.
4. Upon proof that the owner has been notified in accordance with subsection 2 or, if he has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.
5. An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.
6. This section does not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 [.] unless the owner of the animal or the person charged with the care of the animal is in violation of subsection 2 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In such a case, the sheriff shall direct that the impoundment occur no later than 48 hours after the veterinarian determines that a violation of subsection 2 of NRS 574.100 exists.
7. The owner of an animal impounded in accordance with subsection 6 shall, before the animal is released to his custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for animals food and water. If the owner is unable or refuses to pay the charges, the state department of agriculture shall sell the animal to pay the charges and retain any balance of the proceeds remaining after the charges have been paid. The department shall deposit any such remaining proceeds with the state treasurer for credit to the livestock inspection fund.
Sec. 3. NRS 574.200 is hereby amended to read as follows:
574.200 Nothing contained in NRS 574.050 to 574.190, inclusive, [shall be construed to:] is intended to:
1. Interfere with any of the fish and game laws contained in Title 45 of NRS or any laws for the destruction of certain birds.
2. Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.
3. Interfere with the right to kill animals and fowl used for food.
4. Prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be performed only under the authority of the faculty of some regularly incorporated medical college or university of this state.
κ1989 Statutes of Nevada, Page 274 (CHAPTER 117, AB 245)κ
authority of the faculty of some regularly incorporated medical college or university of this state.
5. Interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.
6. Prohibit or interfere with established methods of animal husbandry, including the raising, handling, feeding, housing and transporting of livestock or farm animals.
________
Assembly Bill No. 122Assemblymen Sedway, Dini, Spinello, Callister, Myrna Williams, Jeffrey, Thompson, Porter, Gaston, Wisdom, Garner, Diamond, Kissam, Triggs, Sheerin, Price, Chowning, Arberry, Brookman, Schofield, Regan, DuBois and McGaughey
CHAPTER 118
AN ACT relating to the University of Nevada; authorizing the construction of additional housing for students and facilities for dining at the University of Nevada, Las Vegas and the University of Nevada, Reno; authorizing the issuance of revenue bonds to pay a portion of the cost of construction; and providing other matters properly relating thereto.
[Approved May 9, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are defined in the University Securities Law. As used in this act, unless the context otherwise requires, the terms defined in sections 2 to 5, inclusive, of this act, have the meaning ascribed to them in those sections.
Sec. 2. Net pledged revenues means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as provided in the definition of pledged revenues.
Sec. 3. 1. Pledged revenues means, in connection with securities issued pursuant to this act to finance in part the projects designated in sections 4 and 5 of this act:
(a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situate on the campuses of the universities known as the University of Nevada, Reno, and the University of Nevada, Las Vegas, including without limitation, the UNLV and UNR projects, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to such pledged revenues; and
(b) The gross revenues derived from the imposition and collection of the fees payable by the students attending those two universities designated in NRS 396.8395, subject to the limitation provided in subsection 5 of NRS 396.840.
κ1989 Statutes of Nevada, Page 275 (CHAPTER 118, AB 122)κ
NRS 396.8395, subject to the limitation provided in subsection 5 of NRS 396.840.
2. Pledged revenues includes, in connection with students attending the two universities, any fees of students authorized by law after the effective date of this section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this section.
3. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.
Sec. 4. UNLV project means the construction, other acquisition and improvement, or any combination thereof, of additional housing for students and facilities for dining as are required or desired by the university at the University of Nevada, Las Vegas, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. UNR project means the construction, other acquisition and improvement, or any combination thereof, of additional housing for students and facilities for dining as are required or desired by the university at the University of Nevada, Reno, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 6. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance to UNLV project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $10,000,000.
(b) To finance the UNR project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $10,000,000.
(c) To issue such bonds and other securities in connection with the project in one series or more at any time or from time to time but not after 5 years from the effective date of this section, as the board determines, and consisting of special obligation of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a) and (b).
(d) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act; and
(e) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue pursuant to subsection 1, may be increased by an amount equal to the discount at which the bonds are sold.
κ1989 Statutes of Nevada, Page 276 (CHAPTER 118, AB 122)κ
board is authorized to issue pursuant to subsection 1, may be increased by an amount equal to the discount at which the bonds are sold.
3. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. 1. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of those sections control.
2. Bonds or other securities issued under this act are not subject to any limitation on the amount of discount at which they can be sold, including without limitation, the provisions of subsection 2 of NRS 396.850, but the effective interest rate on the bonds or other securities issued pursuant to this act may not exceed by more than 3 percent the Index of Revenue Bonds which was most recently published before bids for the bonds are received or a negotiated offer is accepted.
Sec. 8. The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.
Sec. 9. If any provision of this act or the applications thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 550Committee on Ways and Means
CHAPTER 119
AN ACT making a supplemental appropriation to the department of prisons for salaries, operation, maintenance stock items and personnel training at the maximum security prison in Ely; and providing other matters properly relating thereto.
[Approved May 9, 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 $567,154 for salaries, operating expenses, maintenance stock items and training of personnel at the maximum security prison in Ely. This appropriation is supplemental to that made by section 33 of chapter 747, Statutes of Nevada 1987, at page 1845.
κ1989 Statutes of Nevada, Page 277 (CHAPTER 119, AB 550)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 378Committee on Ways and Means
CHAPTER 120
AN ACT making an appropriation to the legislative fund for new equipment and software for data processing for the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved May 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 legislative fund created pursuant to NRS 218.085 the sum of $471,051 for new equipment and software for data processing for the legislative counsel bureau.
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. 429Committee on Judiciary
CHAPTER 121
AN ACT relating to beverage containers; prohibiting the sale of beverage containers constructed to open with the use of a detachable metal tab or ring; providing a penalty; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 585 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 a person to sell or offer for sale at retail a metal beverage container so designed and constructed that it is opened by detaching a metal ring or tab.
2. This section does not prohibit the sale of a beverage container which:
(a) Is sealed with laminated tape, foil or other soft material that is detachable or;
(b) Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
κ1989 Statutes of Nevada, Page 278 (CHAPTER 121, AB 429)κ
3. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 for each violation. Each day of violation constitutes a separate offense.
Sec. 2. This act becomes effective January 1, 1990.
________
Assembly Bill No. 425Assemblyman Nevin
CHAPTER 122
AN ACT relating to the transportation of hazardous materials; limiting local regulation; eliminating the requirement that each motor vehicle used to transport hazardous materials obtain a permit; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a political subdivision of this state shall not adopt an ordinance or other regulation governing the transportation of hazardous materials upon the highways of this state which:
1. Is inconsistent with the provisions of this chapter or a regulation adopted pursuant to NRS 459.710 or 706.173; or
2. Provides for a license, permit or fee.
Sec. 2. NRS 459.700 is hereby amended to read as follows:
459.700 As used in NRS 459.700 to 459.780, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Department means the department of motor vehicles and public safety.
2. Director means the director of the department of motor vehicles and public safety.
3. Division means the Nevada highway patrol division of the department of motor vehicles and public safety.
4. Hazardous material means any material or combination of materials, including solids, semisolids, liquids or contained gases, which:
(a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and
(b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,
including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
κ1989 Statutes of Nevada, Page 279 (CHAPTER 122, AB 425)κ
Sec. 3. NRS 459.705 is hereby amended to read as follows:
459.705 1. Every person who transports hazardous materials in a motor vehicle upon the highways of this state shall, pursuant to regulations of the department:
(a) Obtain from the division a permit [for each motor vehicle used] to transport the hazardous materials.
(b) Submit each motor vehicle used to transport the hazardous materials for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.
2. The permit or a legible copy of the permit must be carried in the drivers compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials. The permit must be presented upon demand to any peace officer or other person authorized to enforce the laws of this state.
________
Assembly Bill No. 331Committee on Government Affairs
CHAPTER 123
AN ACT relating to citations for misdemeanors; authorizing a city or county to designate certain persons to issue citations for violations of zoning regulations; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.17751 is hereby amended to read as follows:
171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
2. The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health [which] that relates to public health.
3. The chief of the manufactured housing division of the department of commerce may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
κ1989 Statutes of Nevada, Page 280 (CHAPTER 123, AB 331)κ
(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
________
Assembly Bill No. 435Assemblymen Lambert, Freeman, Bogaert, Nevin, Kerns, Evans, Swain, Humke, Sader and Gibbons
CHAPTER 124
AN ACT relating to child care; revising the provision regarding local regulation of facilities which provide care for fewer than five children; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432A.131 is hereby amended to read as follows:
432A.131 1. Child care facilities in any county or incorporated city where the governing body has established an agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the bureau. [The governing body may require the licensing of child care facilities which provide care for fewer than five children.] The licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations:
(a) Must be not less restrictive than those adopted by the [bureau;] board; and
(b) Take effect only upon their approval by the bureau.
2. An agency for the licensing of child care facilities established by a city or county may waive compliance with a particular standard or other regulation by a child care facility if:
(a) The agency finds that the practices and policies of that facility are substantially equivalent to those required by the agency in its standards and other regulations; and
(b) The waiver does not allow a practice which violates a regulation adopted by the [bureau.] board.
3. A governing body may adopt such standards and other regulations as may be necessary for the regulation of facilities which provide care for fewer than 5 children. If the standards so adopted are less restrictive than the standards for the licensure of child care facilities which have been adopted by the board, the governing body shall not issue a license to the smaller facilities, but may register them in accordance with the standards which are less restrictive.
________
κ1989 Statutes of Nevada, Page 281κ
Assembly Bill No. 416Assemblymen Nevin, Evans and Sader
CHAPTER 125
AN ACT relating to the City of Sparks; revising conflicting provisions of the charter of the City of Sparks concerning the office of mayor pro tempore; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 60, is hereby amended to read as follows:
Sec. 1.070 Elective offices; vacancies.
1. A vacancy in the city council, or in the office of city attorney or municipal judge must be filled by appointment of the mayor, subject to confirmation by the city council, or by the remaining members of the city council in case of vacancy in the council, within 30 days after the occurrence of the vacancy. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurred, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. The mayor shall within 15 days after the presentation select one of the two qualified persons to fill the vacancy. The appointee must have the same qualifications required of the elected official.
2. A vacancy in the office of the mayor must be filled by the mayor pro tempore. The resulting vacancy in the city council must be filled as provided in subsection 1.
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve [the balance of the term of office to which he is appointed and] until his successor is [duly] elected and qualified [.] at the next municipal election to serve the remainder of the unexpired term.
Sec. 2. Section 3.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1314, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
(a) Preside over the meetings of the city council and he may vote only in case of a tie. The mayor may not vote on any proposed ordinance.
(b) Act as the head of the government of the city for all purposes.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.
2. The mayor may veto all matters passed by the city council if he gives notice in writing to the city clerk within 10 days of the action taken by the city council.
κ1989 Statutes of Nevada, Page 282 (CHAPTER 125, AB 416)κ
taken by the city council. A veto may be overturned only by a vote of a least four-fifths of the city council. An action requiring the expenditure of money is not effective without the approval of the mayor, unless he does not disapprove the action within 10 days after it is taken by the city council, or the city council by a four-fifths majority approves such expenditure at a regular meeting.
3. The city council shall elect one of its members to be mayor pro tempore. He shall:
(a) Hold the office and title [during the term for which he was elected] until the next municipal election without additional compensation, except as otherwise provided in paragraph (c).
(b) Perform the duties of mayor during the temporary absence or disability of the mayor without loss of his rights and powers as a member of the council.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant and draw the salary of mayor. His salary and position as a member of the council cease.
________
Assembly Bill No. 380Committee on Ways and Means
CHAPTER 126
AN ACT relating to public works projects; clarifying that the legislative branch of government is not required to use the services of the state public works board when constructing a building or other project; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 341.141 to 341.155, inclusive, do not require the legislative branch of government to use the services of the board. The legislature may require the board to provide the services described in those sections for particular projects for the legislative branch of government.
________
κ1989 Statutes of Nevada, Page 283κ
Assembly Bill No. 375Assemblymen Wisdom, Swain, Porter, Gaston, Carpenter, Gibbons, Chowning, Bogaert, Triggs, Callister, Nevin, Thompson, Arberry, Spriggs, McGaughey, Jeffrey, Garner, Regan, Adler, McGinness, Diamond, DuBois, Spinello, Price, Kissam, Evans, Sheerin and Bergevin
CHAPTER 127
AN ACT relating to municipal courts; authorizing the city council to increase the salary of a municipal judge if the charter of the city so provides; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 5.030 is hereby amended to read as follows:
5.030 Each municipal judge is entitled to receive compensation as fixed by the charter of the city or, if not fixed by a charter, by the governing body of the city, to be paid by the city. [Such] That compensation must not be [increased or] diminished during the period for which the judge is elected. The compensation may be increased during that period if so provided in the charter of the city.
Sec. 2. Section 2.090 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1396, is hereby amended to read as follows:
Sec. 2.090 Powers of city council: Ordinances; resolutions and orders.
1. The city council may make and adopt all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or the constitution of the State of Nevada or the provisions of NRS or of this charter, which are necessary for the municipal government, the management of the affairs of the city and the execution of all of the powers which are vested in the city.
2. The city council may enforce those ordinances by providing penalties which do not exceed those which are established by the legislature for misdemeanors.
3. The city council may not adopt any ordinance which provides for an increase or a decrease in the salary of any [elective officer] of its members to take effect during the term for which that [officer] member is elected or appointed, but the city council may by ordinance increase or decrease the salary for [any elective office] the office of mayor or city councilman at any time before the day preceding the last day for filing a declaration of candidacy for that office for the next succeeding term to take effect on the first day of the next succeeding term.
Sec. 3. Section 4.020 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1413, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judges; salary; master judge; departments; alternate judges.
κ1989 Statutes of Nevada, Page 284 (CHAPTER 127, AB 375)κ
1. Each municipal judge shall devote his full time to the duties of his office and must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any municipal judge who is an incumbent when this charter becomes effective as long as he continues to serve as such in uninterrupted terms.
(b) A qualified elector who has resided within the territory which is established by the boundaries of the city for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he is a candidate.
(c) Voted upon by the registered voters of the city at large.
2. The salary of the municipal judges must be fixed by ordinance [.] and be uniform for all departments of the municipal court. The salary may be increased during the terms for which the judges are elected or appointed.
3. The municipal judge who holds seniority in years of service in office, either elected or appointed, is the master judge. If two or more judges are equal in seniority, the master judge must be chosen from among them by the city council. The master judge:
(a) Shall establish and enforce administrative regulations for governing the affairs of the municipal court.
(b) Is responsible for setting trial dates and other matters which pertain to the court calendar.
(c) Shall perform such other court administrative duties as may be required by the city council.
4. Alternate judges in sufficient numbers may be appointed annually by the mayor, each of whom:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.
(b) Has all of the powers and jurisdiction of a municipal judge while he is acting as such.
(c) Is entitled to such compensation as may be fixed by the city council.
5. Any municipal judge, other than an alternate judge, automatically forfeits his office if he ceases to be a resident of the city.
________
κ1989 Statutes of Nevada, Page 285κ
Assembly Bill No. 279Committee on Judiciary
CHAPTER 128
AN ACT relating to loans; requiring certain agreements related to the lending of money or the extension of credit to be in writing; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 111.220 is hereby amended to read as follows:
111.220 In the following cases every agreement [shall be] is void, unless [such] the agreement, or some note or memorandum thereof expressing the consideration, [be] is in writing, and subscribed by the [party] person charged therewith:
1. Every agreement that, by the terms, is not to be performed within 1 year from the making thereof.
2. Every special promise to answer for the debt, default or miscarriage of another.
3. Every promise or undertaking made upon consideration of marriage, except mutual promises to marry.
4. Every promise or commitment to loan money or to grant or extend credit in an original principal amount of at least $100,000 made by a person engaged in the business of lending money or extending credit.
5. Every promise or commitment to pay a fee for obtaining a loan of money or an extension of credit for another person if the fee is $1,000 or more.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 277Committee on Taxation
CHAPTER 129
AN ACT relating to tobacco; imposing a penalty on a wholesale dealer who unlawfully extends credit to a retail dealer; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.505 is hereby amended to read as follows:
370.505 1. A retail dealer shall pay [the] a wholesale dealer for all cigarettes and other tobacco products purchased from [that] the wholesale dealer:
[1.] (a) If the cigarettes or other tobacco products were delivered to the retail dealer on or after the 1st day of the month but before the 16th day of the month, on or before the 29th day of the same month; and
κ1989 Statutes of Nevada, Page 286 (CHAPTER 129, AB 277)κ
[2.] (b) If the cigarettes or other tobacco products were delivered to the retail dealer on or after the 16th day of the month but before the 1st day of the next month, on or before the 14th day of the next month.
2. A wholesale dealer shall not extend credit or otherwise allow a retail dealer to violate the provisions of subsection 1.
3. The department may impose a penalty on a wholesale dealer who violates the provision of subsection 2 as follows:
(a) For the first violation, a penalty of $500.
(b) For a second or subsequent violation, if paragraph (c) does not apply, a penalty of $1,000.
(c) For a third or subsequent violation within any 12 month period, a penalty of $5,000 or suspension or revocation of the license of the wholesale dealer, or both.
4. Pursuant to a written complaint or upon its own motion, the department shall investigate an alleged violation of subsection 2. The department shall give notice to the alleged violator and conduct a hearing, if warranted by the investigation. The department may assess a penalty pursuant to subsection 3, if it determines that the wholesale dealer violated the provisions of subsection 2.
________
Assembly Bill No. 260Assemblymen Dini, Nevin, Jeffrey, Bergevin, McGinness, Adler, Thompson, Myrna Williams, Sedway, Spinello, Evans and Sheerin
CHAPTER 130
AN ACT relating to emergency medical services; authorizing unlicensed persons to ride in an ambulance under certain circumstances; providing, under certain circumstances, for the reimbursement of a hospital for advanced emergency care rendered by one of its registered nurses while transferring a patient in an ambulance that is not authorized by the health division of the department of human resources to provide advanced emergency care; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in this chapter, unlicensed relatives of a sick or injured patient and other persons may ride in an ambulance if there are two licensed attendants in the ambulance.
Sec. 2. NRS 450B.265 is hereby amended to read as follows:
450B.265 [A]
1. Except as otherwise provided in subsection 2, a fire-fighting agency or an owner, operator, director or chief officer of an ambulance shall not represent, advertise or imply that it:
[1.] (a) Is authorized to provide advanced emergency care; or
κ1989 Statutes of Nevada, Page 287 (CHAPTER 130, AB 260)κ
[2.] (b) Utilizes the services of an advanced emergency medical technician,
unless the service has a currently valid permit to provide advanced emergency care issued by the health division.
2. Any service in a county whose population is less than 250,000, that holds a valid permit for the operation of an ambulance but is not authorized by the health division to provide advanced emergency care may represent, for billing purposes, that its ambulance provided advanced emergency care if:
(a) A registered nurse employed by a hospital rendered advanced emergency care to a patient being transferred from the hospital by the ambulance; and
(b) The equipment deemed necessary by the health division for the provision of advanced emergency care was on board the ambulance at the time the registered nurse rendered advanced emergency care.
3. A hospital that employs a registered nurse who renders the care described in subsection 2 is entitled to reasonable reimbursement for the services rendered by the nurse.
________
Assembly Bill No. 46Assemblymen Sedway, Diamond, Spinello, Jeffrey, Dini, Evans, Marvel, Price, Humke, DuBois, Swain, Kerns, Arberry, Callister and Myrna Williams
CHAPTER 131
AN ACT relating to crimes against the legislative power; prohibiting certain acts by a former legislator which lead others to believe that he remains a member of the legislature; providing a penalty; and providing other matters properly relating thereto.
[Approved May 10, 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. After he leaves office and a successor has been elected or appointed, it is unlawful for any legislator to:
(a) Use any official stationery or business card acquired pursuant to NRS 218.225;
(b) Maintain deliberately a listing in any directory, published after that date, which in any manner indicates that he is presently a legislator; or
(c) Use on his vehicle a special legislative license plate furnished pursuant to NRS 482.374.
2. Any person who violates any of the provisions of subsection 1 is guilty of a misdemeanor.
________
κ1989 Statutes of Nevada, Page 288κ
Assembly Bill No. 312Assemblyman Callister
CHAPTER 132
AN ACT relating to projects for the recharge, storage and recovery of water; requiring the fee for an application to operate a project and any penalty assessed for the delinquent filing of the annual report to be deposited in the account for projects for recharge, underground storage and recovery of water; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.310 is hereby amended to read as follows:
534.310 1. The state engineer shall levy and collect an annual fee from each person who holds a permit for a project. The state engineer shall establish the amount of the fee for the following year not later than October 1 of each year.
2. Within 30 days after the state engineer sets the fee, he shall mail written notice of the fee to all holders of permits.
3. The fee must be paid to the state engineer at the time the person holding a permit files an annual report. If a person who is required to pay a fee fails to pay the fee when due, the state engineer may assess and collect a penalty of 10 percent of the unpaid fee, without compounding, for each month or portion of a month that the fee is delinquent. The total penalty assessed must not exceed 60 percent of the unpaid fee.
4. Money received by the state engineer pursuant to this section , subsection 1 of NRS 534.260 and subsection 3 of NRS 534.280 must be deposited with the state treasurer for credit to the account for projects for recharge, underground storage and recovery of water in the state general fund. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Money in the account must only be used for the administration of this chapter.
5. The state engineer may employ special consultants to assist him in fulfilling his responsibilities pursuant to this chapter.
Sec. 2. The state treasurer shall transfer to the account for projects for recharge, underground storage and recovery of water in the state general fund all money previously collected pursuant to subsection 1 of NRS 534.260 and subsection 3 of NRS 534.280 and deposited with the state treasurer for credit elsewhere.
Sec. 3. This act becomes effect upon passage and approval.
________
κ1989 Statutes of Nevada, Page 289κ
Assembly Bill No. 423Assemblymen Schofield, Gaston, Dini, Chowning, Carpenter and Regan
CHAPTER 133
AN ACT relating to drivers licenses; lowering the age at which a person may obtain a license for a reduced fee; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person [70] 65 years of age or older.................... $4
An original license issued to any other person........................................ 9
A renewal license issued to any other person......................................... 9
Reinstatement of a license after suspension, revocation or cancellation except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385........................................................................... 25
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385..................... 50
A duplicate license, new photograph, change of name, change of address or any combination........................................................................................... 5
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. The increase in fees authorized by NRS 483.347 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
4. A penalty of $5 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt under that section.
5. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
6. All money collected by the department under this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
________
κ1989 Statutes of Nevada, Page 290κ
Senate Bill No. 129Committee on Finance
CHAPTER 134
AN ACT making an appropriation to the budget division of the department of administration for reimbursement of the legal division of the legislative counsel bureau for the expenses involved in preparing bill drafts requested by agencies of the executive branch; and providing other matters properly relating thereto.
[Approved May 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 budget division of the department of administration for reimbursement of the legal division of the legislative counsel bureau the sum of $87,500 for the expenses involved in preparing legislation requested by agencies of the executive branch.
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. 160Committee on Finance
CHAPTER 135
AN ACT making an appropriation to the legislative counsel bureau for the reproduction of older Nevada Reports; and providing other matters properly relating thereto.
[Approved May 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 legislative counsel bureau the sum of $45,000 for the cost of reproducing volumes of Nevada Reports which are out of print or of limited supply, pursuant to NRS 345.025.
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.
________
κ1989 Statutes of Nevada, Page 291κ
Senate Bill No. 234Committee on Judiciary
CHAPTER 136
AN ACT relating to the operation of vehicles or vessels while intoxicated; defining the amount of alcohol in the blood of a person who is driving, operating or in actual control of a vehicle or vessel in terms of the concentration of alcohol in his blood or breath; and providing other matters properly relating thereto.
[Approved May 10, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
The phrase 0.10 percent or more by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of 0.10 gram or more by weight of alcohol:
1. Per 100 milliliters of his blood; or
2. Per 210 liters of his breath.
Sec. 2. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 484.381 is hereby amended to read as follows:
484.381 1. In any criminal prosecution for a violation of NRS 484.379 or 484.3795 in which it is alleged that the defendant was driving or in actual physical control of a vehicle while he had 0.10 percent of more by weight of alcohol in his blood, the amount of alcohol shown by a chemical analysis of his blood, urine, breath or other bodily substance is presumed to be no less than the amount present at the time of the alleged violation.
2. In any criminal prosecution for a violation of NRS 484.379 or 484.3795 or for homicide relating to driving a vehicle, in which it is alleged the defendant was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendants blood at the time of the test as shown by chemical analysis of the defendants blood, urine, breath or other bodily substance gives rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in the defendants blood, that at the time of the alleged violation the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time more than 0.05 percent but less than 0.10 percent by weight of alcohol in the defendants blood, no presumption that at the time of the alleged violation the defendant was or was not under the influence of intoxicating liquor, but this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(c) If there was at that time 0.10 percent or more by weight of alcohol in the defendants blood, that at the time of the alleged violation the defendant was under the influence of intoxicating liquor.
κ1989 Statutes of Nevada, Page 292 (CHAPTER 136, SB 234)κ
3. The provisions of subsection 2 do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
4. As used in this section:
(a) The phrase 0.5 percent or less by weight of alcohol in the defendants blood includes a concentration of alcohol in the blood or breath of the defendant of 0.05 gram or less by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
(b) The phrase more than 0.05 percent but less than 0.10 percent by weight of alcohol in the defendants blood includes a concentration of alcohol in the blood or breath of the defendant of more than 0.05 gram but less than 0.10 gram by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
(c) The phrase 0.10 percent or more by weight of alcohol in the defendants blood includes a concentration of alcohol in the blood or breath of the defendant of 0.10 gram or more by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
Sec. 4. Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 488.206 and 488.207, the phrase 0.10 percent or more by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of 0.10 gram or more by weight of alcohol:
1. Per 100 milliliters of his blood; or
2. Per 210 liters of his breath.
Sec. 5. NRS 488.207 is hereby amended to read as follows:
488.207 1. To determine whether a person operating or exercising actual and physical control of a vessel under power or sail is under the influence of intoxicating liquor, the amount of alcohol in his blood at the time of the test as shown by chemical analysis of his blood, breath or urine gives rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in his blood, that at the time of the alleged violation the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time 0.10 percent or more by weight of alcohol in his blood, that at the time of the alleged violation he was under the influence of intoxicating liquor.
If there was at that time more than 0.05 but less than 0.10 percent by weight of alcohol in his blood, no presumption may be made, but this fact may be considered with other competent evidence in determining whether he was under the influence of intoxicating liquor.
2. The provisions of subsection 1 do not limit the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor.
3. As used in this section:
κ1989 Statutes of Nevada, Page 293 (CHAPTER 136, SB 234)κ
(a) The phrase 0.05 percent or less by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or less by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
(b) The phrase more than 0.05 but less than 0.10 percent by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of more than 0.05 gram but less than 0.10 gram by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
________
Senate Bill No. 120Committee on Commerce and Labor
CHAPTER 137
AN ACT relating to banks; reducing the frequency of required meetings of directors of a banking corporation organized under the laws of this state; and providing other matters properly relating thereto.
[Approved May 11, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 661.165 is hereby amended to read as follows:
661.165 1. The board of directors shall meet at least [once each month] quarterly in regular meeting . [and, at] At least quarterly, a thorough examination of the books, records, funds and securities held by the bank [shall] must be made. [Such] The examination may be dispensed with if an annual audit is made of [such] the books, records, funds and securities.
2. At each meeting of the directors, regular or special, the minutes of the previous meeting [shall] must be read and corrected, as may be desired, and thereupon signed by each director present.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 294κ
Senate Bill No. 73Committee on Human Resources and Facilities
CHAPTER 138
AN ACT relating to public health; making various changes to the laws governing the control of communicable diseases; requiring the state board of health to adopt certain regulations; requiring the reporting of certain information to the state board of health; providing a penalty; and providing other matters properly relating thereto.
[Approved May 11, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 47, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Board means the state board of health.
Sec. 4. Child care facility has the meaning ascribed to it in NRS 432A.020.
Sec. 5. Communicable disease means a disease which is caused by a specific infectious agent or its toxic products, and which can be transmitted, either directly or indirectly, from a reservoir of infectious agents to a susceptible host organism.
Sec. 6. Health authority means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.
Sec. 7. Health division means the health division of the department of human resources.
Sec. 8. Laboratory director has the meaning ascribed to it in NRS 652.050.
Sec. 9. Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 10. Medical laboratory has the meaning ascribed to it in NRS 652.060.
Sec. 11. Physician is limited to a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.
Sec. 12. Provider of health care means a physician, nurse, physicians assistant or veterinarian licensed in accordance with state law.
Sec. 13. The board shall adopt regulations governing the control of communicable diseases in this state, including regulations specifically relating to the control of such diseases in educational, medical and correctional institutions. The regulations must specify:
1. The diseases which are known to be communicable.
2. The communicable diseases which are known to be sexually transmitted.
3. The procedures for investigating and reporting cases or suspected cases of communicable diseases, including the time within which these actions must be taken.
κ1989 Statutes of Nevada, Page 295 (CHAPTER 138, SB 73)κ
4. For each communicable disease, the procedures for testing, treating, isolating and quarantining a person who has or is suspected of having the disease.
Sec. 14. The state health officer shall inform each local health officer of the regulations adopted by the board and the procedures established for investigating and reporting cases or suspected cases of communicable diseases.
Sec. 15. 1. A provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the board. If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the board.
2. A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease shall establish administrative procedures to ensure that the health authority is notified.
3. A laboratory director shall, in the manner prescribed by the board, notify the health authority of the identification by his medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority. The health authority shall not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.
4. If more than one medical laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the results of the testing directly to the provider of health care for the patient shall also be responsible for reporting to the health authority.
Sec. 16. 1. A health authority who knows, suspects or is informed of the existence within his jurisdiction of any communicable disease shall immediately investigate the matter and all circumstances connected with it, and shall take such measures for the prevention, suppression and control of the disease as are required by the regulations of the board or a local board of health.
2. A health authority may:
(a) Enter private property at reasonable hours to investigate any case or suspected case of a communicable disease.
(b) Order any person whom he reasonably suspects has a communicable disease in an infectious state to submit to any medical examination or test which he believes is necessary to verify the presence of the disease. The order must be in writing and specify the name of the person to be examined and the time and place of the examination and testing, and may include such terms and conditions as the health authority believes are necessary to protect the public health.
(c) Except as otherwise provided in section 39 of this act, issue an order requiring the isolation, quarantine or treatment of any person if he believes that such action is necessary to protect the public health. The order must be in writing and specify the person to be isolated, the time during which the order is effective, the place of isolation or quarantine and other terms and conditions which the health authority believes are necessary to protect the public health, except that no isolation or quarantine may take place if the health authority determines that such action may endanger the life of the person.
κ1989 Statutes of Nevada, Page 296 (CHAPTER 138, SB 73)κ
health, except that no isolation or quarantine may take place if the health authority determines that such action may endanger the life of the person.
(d) Each order issued pursuant to this section must be served upon each person named in the order by delivering a copy to him.
Sec. 17. 1. A person who has a communicable disease in an infectious state shall not conduct himself in any manner likely to expose others to the disease or engage in any occupation in which it is likely that the disease will be transmitted to others.
2. A health authority who has reason to believe that a person is in violation of subsection 1 shall issue a warning to him in writing, informing him of the behavior which constitutes the violation and of the precautions that he must take to avoid exposing others to the disease. The warning must be served upon the person by delivering a copy to him.
3. A person who violates the provisions of subsection 1 after service upon him of a warning from a health authority is guilty of a misdemeanor.
Sec. 18. 1. A health authority who knows of the presence of a communicable disease within a school, child care facility, medical facility or correctional facility, shall notify the principal, director or other person in charge of the school, child care facility, medical facility or correctional facility of that fact and direct what action, if any, must be taken to prevent the spread of the disease.
2. The principal, director or other person in charge of a school, child care facility, medical facility or correctional facility, who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the board. The health authority shall investigate the report to determine whether a communicable disease is present and direct what action, if any, must be taken to prevent the spread of the disease.
3. A parent, guardian or person having custody of a child who has a communicable disease shall not knowingly permit the child to attend school or a child care facility if the board, by regulation, has determined that the disease requires exclusion from school or a child care facility.
Sec. 19. The health division shall control, prevent, treat and, whenever possible, ensure the cure of sexually transmitted diseases.
Sec. 20. The health division may establish and provide financial or other support to such clinics and dispensaries as it believes are reasonably necessary for the prevention, control, treatment or cure of sexually transmitted diseases.
Sec. 21. If a person in this state who has a sexually transmitted disease is, in the discretion of the health division, unable to afford approved treatment for the disease, the health division may provide medical supplies or direct financial aid to any physician, clinic or dispensary in this state, within the limits of the available appropriations and any other resources, to be used in his treatment. A physician, clinic or dispensary that accepts supplies or aid pursuant to this section shall comply with all conditions prescribed by the board relating to the use of the supplies or aid.
Sec. 22. A physician, clinic or dispensary providing treatment to a person who has a sexually transmitted disease shall instruct him in the methods of preventing the spread of the disease and in the necessity of systematic and prolonged treatment.
κ1989 Statutes of Nevada, Page 297 (CHAPTER 138, SB 73)κ
preventing the spread of the disease and in the necessity of systematic and prolonged treatment.
Sec. 23. A physician who, or clinic or dispensary which, determines that a person has a sexually transmitted disease shall encourage and, if necessary, attempt to persuade him to submit to medical treatment. Except as otherwise provided in section 39 of this act, if the person does not submit to treatment, or does not complete the prescribed course of treatment, the physician, clinic or dispensary shall notify the health authority who shall take action to ensure that the person receives adequate treatment for the disease.
Sec. 24. A person who has a sexually transmitted disease shall, upon request, inform the health authority of the source or possible source of the infection.
Sec. 25. A person who is diagnosed as having acquired immunodeficiency syndrome who fails to comply with a written order of a health authority, or who engages in behavior through which the disease may be spread to others, is, in addition to any other penalty imposed pursuant to this chapter, subject to confinement by order of a court of competent jurisdiction.
Sec. 26. Except as otherwise provided in section 39 of this act, when any minor is suspected of having or is found to have a sexually transmitted disease, the health authority may require the minor to undergo examination and treatment, regardless of whether the minor or either of his parents consents to the examination and treatment.
Sec. 27. 1. As soon as practicable after a person has been arrested for the commission of a crime which the victim or a witness alleges involved the sexual penetration of the victims body, the health authority shall test a specimen submitted from the arrested person for exposure to the human immunodeficiency virus and syphilis.
2. The health authority shall disclose the results of all tests performed pursuant to subsection 1 to the victim or to the victims parent or guardian if the victim is a minor.
3. Except as otherwise provided in section 39 of this act, if the health authority determines that an arrested person has been exposed to the human immunodeficiency virus or syphilis, it shall require the person to undergo examination and treatment, regardless of whether he consents to the examination and treatment.
4. As used in this section, the term sexual penetration has the meaning ascribed to it in NRS 200.364.
Sec. 28. (Deleted by amendment.)
Sec. 29. The health division may establish such dispensaries, pharmacies or clinics for outpatient care as it believes are necessary for the care and treatment of persons who have acquired immune deficiency syndrome or a human immunodeficiency virus related disease, and provide those institutions with financial or other assistance. Dispensaries, pharmacies or clinics which accept financial or other assistance pursuant to this section shall comply with all conditions prescribed by the board relating to the use of that assistance.
Sec. 30. The health division shall control, prevent the spread of, and ensure the treatment and cure of tuberculosis.
Sec. 31. The health division may establish such clinics as it believes are necessary for the prevention and control of, and for the treatment and cure of, persons who have tuberculosis and provide those clinics with financial or other assistance within the limits of the available appropriations and any other resources.
κ1989 Statutes of Nevada, Page 298 (CHAPTER 138, SB 73)κ
persons who have tuberculosis and provide those clinics with financial or other assistance within the limits of the available appropriations and any other resources.
Sec. 32. If a person in this state who has tuberculosis is, in the discretion of the health division, unable to afford approved treatment for the disease, the health division may provide medical supplies or direct financial aid, within the limits of the available appropriations, to be used in his treatment, to any physician, clinic, dispensary or medical facility. A physician, clinic, dispensary or medical facility that accepts supplies or aid pursuant to this section shall comply with all conditions prescribed by the board relating to the use of the supplies or aid.
Sec. 33. 1. The health division shall, by contract with hospitals, clinics or other institutions in the state, provide for the diagnostic examination of, and inpatient and outpatient care for, persons who have tuberculosis.
2. If adequate facilities for examination and care are not available in the state, the health division may contract with hospitals, clinics or other institutions in other states which do not have adequate facilities.
Sec. 34. Except as otherwise provided in section 39 of this act, a person who has tuberculosis and is confined to a hospital or other institution pursuant to the provisions of this chapter must be treated for tuberculosis and any related condition, and may be treated for any other condition which the health division determines is detrimental to his health and the treatment of which is necessary for the effective control of tuberculosis.
Sec. 35. The health division may contract with any private physician to provide outpatient care in those rural areas of the state where, in its determination, patients can best be treated in that manner.
Sec. 36. The health division may inspect and must be given access to all records of every institution and clinic, both public and private, where patients who have tuberculosis are treated at public expense.
Sec. 37. The board shall adopt regulations governing the control of rabies. The regulations must provide for:
1. The periodic inoculation of animals with approved vaccines.
2. The impoundment of animals suspected of having rabies and the disposition of those animals upon verification of the presence of the disease.
3. Procedures for the treatment of persons who have been, or are suspected of having been, exposed to rabies.
Sec. 38. This chapter does not empower or authorize the health authority or any other person to interfere in any manner with the right of a person to receive approved treatment for a communicable disease from any physician, clinic or other person of his choice, but the board has the power to prescribe the approved method of treatment to be used by the physician, clinic or other person.
Sec. 39. A person who has a communicable disease and depends exclusively on prayer for healing in accordance with the tenets and precepts of any recognized religious sect, denomination or organization is not required to submit to any medical treatment required by the provisions of this chapter, but may be isolated or quarantined in his home or other place of his choice acceptable to the health authority, and shall comply with all applicable rules, regulations and orders issued by the health authority.
κ1989 Statutes of Nevada, Page 299 (CHAPTER 138, SB 73)κ
Sec. 40. The health division may receive any financial aid made available by any grant or other source and shall use the aid, in cooperation with the health authority, to carry out the provisions of this chapter.
Sec. 41. Each health authority shall report each week to the state health officer the number and types of cases or suspected cases of communicable disease reported to him, and any other information required by the regulations of the board.
Sec. 42. All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of section 27 of this act.
8. If the disclosure is made to the welfare division of the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for assistance to the medically indigent.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
Sec. 43. 1. A person who refuses to:
(a) Comply with any regulation of the board relating to the control of a communicable disease;
(b) Comply with any provision of this chapter;
(c) Submit to approved treatment or examination required or authorized by this chapter;
(d) Provide any information required by this chapter; or
(e) Perform any duty imposed by this chapter,
may be enjoined by a court of competent jurisdiction.
2. An action for an injunction pursuant to this section must be prosecuted by the attorney general, any district attorney or any private legal counsel retained by a local board of health in the name of and upon the complaint of the health authority.
κ1989 Statutes of Nevada, Page 300 (CHAPTER 138, SB 73)κ
3. The court in which an injunction is sought may make any order reasonably necessary to carry out the purpose or intent of any provision of this chapter or to compel compliance with any regulation of the board or order of the health authority relating to the control of a communicable disease.
Sec. 44. Except as otherwise provided in this chapter, a person shall not make public the name of, or other personal identifying information about, a person infected with a communicable disease who has been investigated by the health authority pursuant to this chapter, without the consent of the person.
Sec. 45. Except as otherwise provided, every person who violates any provision of this chapter is guilty of a misdemeanor.
Sec. 46. Every provider of health care, medical facility or medical laboratory that willfully fails, neglects or refuses to comply with any regulation of the board relating to the reporting of a communicable disease or any requirement of this chapter is guilty of a misdemeanor and, in addition, may be subject to an administrative fine of $1,000 for each violation, as determined by the board.
Sec. 47. The district attorney of the county in which any violation of this chapter occurs shall prosecute the person responsible for the violation.
Sec. 48. NRS 460.020 is hereby amended to read as follows:
460.020 1. The state board of health, state health officer and any health authority, as defined in NRS 439.005, may disseminate to any blood bank in the State of Nevada identifying data concerning any person with a history of viral hepatitis.
2. The state board of health shall, pursuant to [NRS 439.210,] section 13 of this act, adopt regulations specifying the identifying data to be disseminated to blood banks pursuant to subsection 1.
3. Any identifying data received by a blood bank pursuant to this section is confidential and may be used only for screening prospective blood donors.
4. Any person who has access to identifying data disseminated to a blood bank pursuant to this section and who divulges or uses such information in any manner except to screen prospective blood donors is guilty of a misdemeanor.
Sec. 49. NRS 49.245 is hereby amended to read as follows:
49.245 There is no privilege under NRS 49.225 or 49.235:
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.
3. As to written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under [chapter 441 of NRS.] sections 2 to 47, inclusive, of this act.
5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
κ1989 Statutes of Nevada, Page 301 (CHAPTER 138, SB 73)κ
6. As to any written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.
7. As to records that are required by chapter 453 of NRS to be maintained.
8. In a review before a screening panel pursuant to NRS 41A.003 to 41A.069, inclusive.
Sec. 50. NRS 129.060 is hereby amended to read as follows:
129.060 Notwithstanding any other provision of law, the consent of the parent, parents or legal guardian of a minor is not necessary in order to authorize a local or state health officer, [board of health,] licensed physician or clinic to examine or treat, or both, any minor who is suspected of being infected or is found to be infected with any [venereal] sexually transmitted disease.
Sec. 51. NRS 244.358 is hereby amended to read as follows:
244.358 [1.] In order to control rabies and to protect the public health and welfare, the board of county commissioners of [any] each county of this state [may] shall enact an ordinance [requiring all dog owners to procure inoculation of their dogs against rabies.
2. Such ordinance may, in addition to such other provisions as may be appropriate to local conditions, contain any or all of the following provisions:
(a) Every dog owner shall, after his dog attains the age of 4 months and at such intervals as may be prescribed by rules and regulations of the state department of agriculture, procure the inoculation of each such dog by a licensed veterinarian with a canine antirabies vaccine approved by and in a manner prescribed by the state department of agriculture;
(b) All dogs under 4 months of age shall be confined to the premises of or kept under physical restraint by the owner, keeper or harborer, with full allowance for the sale or transportation of any such dog;
(c) Any violation of the ordinance or of such additional provisions as may be prescribed by the board of county commissioners shall result in the impounding of the dog in a manner as shall be provided by ordinance; and
(d) The board of county commissioners shall maintain or provide for the maintenance of a pound system and rabies control program for the purpose of carrying out and enforcing the provisions of the ordinance.] providing for a rabies control program and shall include within the ordinance the requirements established by regulations adopted by the state board of health.
Sec. 52. NRS 268.427 is hereby amended to read as follows:
268.427 In order to control rabies and to protect the public health and welfare, the governing body of [any] each city or town incorporated under any law of this state [may] shall enact an ordinance [requiring all dog owners to procure inoculation of their dogs against rabies. Such ordinance may contain provisions appropriate to local conditions and may contain any or all of the provisions specifically set forth in subsection 2 of NRS 244.358, with appropriate reference to the governing body in lieu of the board of county commissioners.] providing for a rabies control program and shall include within that ordinance the requirements established by regulations adopted by the state board of health.
κ1989 Statutes of Nevada, Page 302 (CHAPTER 138, SB 73)κ
Sec. 53. NRS 269.227 is hereby amended to read as follows:
269.227 In order to control rabies and to protect the public health and welfare, [any] each town board or board of county commissioners [may] shall enact an ordinance [requiring all dog owners to procure inoculation of their dogs against rabies. Such ordinance may contain provisions appropriate to local conditions and may contain any or all of the provisions specifically set forth in subsection 2 of NRS 244.358.] providing for a rabies control program and shall include within that ordinance the requirements established by regulations adopted by the state board of health.
Sec. 54. Section 2 of chapter 449, Statutes of Nevada 1987, at page 1036, is hereby amended to read as follows:
Sec. 2. NRS 49.245 is hereby amended to read as follows:
49.245 There is no privilege under NRS 49.225 or 49.235:
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. As to communications made in the course of court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.
3. As to written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under [chapter 441 of NRS.] sections 2 to 47, inclusive, of this act.
5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
6. As to any written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.
7. As to records that are required by chapter 453 of NRS to be maintained.
Sec. 55. NRS 202.140, 202.150, 202.160, 439.210, 439.215, 439.220, 439.500, 439.510, 441.010, 441.020, 441.030, 441.035, 441.040, 441.050, 441.060, 441.070, 441.080, 441.090, 441.100, 441.110, 441,120, 441.130, 441.140, 441.150, 441.160, 441.170, 441.175, 441.180, 441.190, 441.200, 441.210, 441.220, 441.230, 441.240, 441.250, 441.260, 441.280, 441.290, 441.300, 441.320, 443.015, 443.025, 443.037, 443.055, 443.057, 443.065, 443.075, 443.095, 443.105, 443.115, 443.125, 443.135, 443.170, 443.180, 443.190, 443.200, 443.210, 443.220, 443.230, 443.240, 443.250, and 443.260 are hereby repealed.
Sec. 56. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 303κ
Senate Bill No. 109Senators Raggio, Jacobsen, Rawson, Rhoads, Beyer, Mello and Hickey
CHAPTER 139
AN ACT making a supplemental appropriation to the state department of conservation and natural resources for additional expenses for rent and utilities; and providing other matters properly relating thereto.
[Approved May 11, 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 conservation and natural resources the sum of $26,094 to be allocated as follows:
1. For additional rent expenses of the division of conservation districts the sum of $4,055.
2. For additional rent expenses of the division of state lands the sum of $7,039.
3. For additional expenses for utilities of the park administration of the division of state parks the sum of $15,000.
Sec. 2. The sums appropriated by section 1 of this act are supplemental to that made by section 38 of chapter 747, Statutes of Nevada 1987, at page 1847.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 84Committee on Human Resources and Facilities
CHAPTER 140
AN ACT relating to nursing pools; requiring nursing pools to be licensed by the health division of the department of human resources; and providing other matters properly relating thereto.
[Approved May 11, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
Nursing pool means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent. The term does not include an independent contractor who provides such services without the assistance of employees or a nursing pool based in a medical facility or facility for the dependent.
κ1989 Statutes of Nevada, Page 304 (CHAPTER 140, SB 84)κ
Sec. 2. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 449.0151 is hereby amended to read as follows:
449.0151 Medical facility includes:
1. A surgical center for ambulatory patients;
2. An obstetric center;
3. An independent center for emergency medical care;
4. An agency to provide nursing in the home;
5. A facility for intermediate care;
6. A facility for skilled nursing;
7. A hospice;
8. A hospital;
9. A psychiatric hospital;
10. A facility for the treatment of irreversible renal disease; [and]
11. A rural clinic [.] ; and
12. A nursing pool.
Sec. 4. 1. The state board of health shall, on or before January 1, 1990, adopt such regulations as are necessary to carry out the provisions of this act. The regulations may not be inconsistent with or exceed the authority granted to the state board by chapter 449 of NRS.
2. The health division of the department of human resources shall, on or before January 1, 1990, adopt such regulations as are necessary to carry out the provisions of this act. The regulations may not be inconsistent with or exceed the authority granted to the health division by chapter 449 of NRS.
Sec. 5. 1. This section and section 4 of this act become effective on October 1, 1989.
2. Sections 1, 2 and 3 of this act become effective on July 1, 1990.
________
Assembly Bill No. 138Assemblymen Arberry, Brookman and Price
CHAPTER 141
AN ACT relating to mobile home parks; requiring the administrator of the manufactured housing division of the department of commerce to collect certain data; and providing other matters properly relating thereto.
[Approved May 11, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:
The administrator shall collect economic and demographic data annually from each mobile home park, including the amount of rent and rate of vacancy for each type of lot in the park, and shall prescribe the form for the collection of such data.
κ1989 Statutes of Nevada, Page 305 (CHAPTER 141, AB 138)κ
vacancy for each type of lot in the park, and shall prescribe the form for the collection of such data.
________
Senate Bill No. 168Committee on Commerce and Labor
CHAPTER 142
AN ACT relating to unfair trade practices; authorizing the attorney general to institute remedial proceedings related thereto as parens patriae of the persons residing in the state; broadening the type of injunctive relief available for unfair trade practices; and providing other matters properly relating thereto.
[Approved May 11, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598A.070 is hereby amended to read as follows:
598A.070 1. The attorney general shall:
(a) Enforce the provisions of this chapter.
(b) Investigate suspected violations of the provisions of this chapter.
(c) Institute proceedings on behalf of the state, its agencies, political subdivisions, districts or municipal corporations , or as parens patriae of the persons residing in the state for:
(1) Injunctive relief [against threatened loss or damage to the business or property of the state, its agencies, political subdivisions, districts or municipal corporations by reason of] to prevent and restrain a violation of any provision of this chapter.
(2) Civil penalties for violations of the provisions of this chapter.
(3) Criminal penalties for violations of the provisions of this chapter.
2. Any district attorney in this state, with the permission or at the direction of the attorney general, shall institute proceedings in the name of the State of Nevada for any violation of the provisions of this chapter.
________
κ1989 Statutes of Nevada, Page 306κ
Assembly Bill No. 65Assemblymen Marvel, Bergevin, Lambert, McGinness, Sader, Price, Carpenter, Spriggs, Kerns and Dini
CHAPTER 143
AN ACT relating to the Nevada tax commission; increasing the number of members; requiring the governor to appoint a person with experience in mining to the commission; providing for the term of office of the person appointed; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.010 is hereby amended to read as follows:
360.010 1. The Nevada tax commission, consisting of [seven] eight members appointed by the governor, is hereby created.
2. The governor shall designate one of the commissioners to serve as chairman of the commission.
3. The governor is an ex officio, nonvoting member of the commission. He is not entitled to receive compensation for his services as such ex officio member.
Sec. 2. NRS 360.020 is hereby amended to read as follows:
360.020 1. [Four] Five of the commissioners [shall, respectively,] must have at least 10 years experience , respectively, in the following fields:
(a) Real property.
(b) Utility business.
(c) Agriculture and livestock business.
(d) Finance.
(e) Mining.
2. The remaining commissioners [shall] must be versed in other areas of property taxation and [shall] must be sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the Nevada tax commission.
Sec. 3. NRS 360.030 is hereby amended to read as follows:
360.030 1. Not more than [four of the seven] five of the eight commissioners may be [appointed] :
(a) Appointed from any one county in this state . [, and not more than four members of the Nevada tax commission may be of]
(b) Of the same political party.
2. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.
3. Any commissioner may be removed by the governor if, in his opinion, that commissioner is guilty of malfeasance in office or neglect of duty.
Sec. 4. NRS 360.080 is hereby amended to read as follows:
360.080 1. [Four] Five members shall constitute a quorum for the transaction of business.
2. The chairman and each of the commissioners have a vote upon all matters which come before the Nevada tax commission.
κ1989 Statutes of Nevada, Page 307 (CHAPTER 143, AB 65)κ
Sec. 5. The appointment required by the amendatory provisions of section 1 of this act becomes effective on July 1, 1989. The term of office of the commissioner so appointed expires on October 30, 1993.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 56Senator Horn
CHAPTER 144
AN ACT relating to public health; requiring that a portable manual mask and face shield for cardiopulmonary resuscitation be provided to certain peace officers and fireman; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state board of health shall adopt by regulation the types of portable manual masks and face shields that are approved by the board to assist in the prevention of the spread of communicable diseases during the administration of cardiopulmonary resuscitation. An approved mask or face shield may not weigh more than 1 pound.
2. Except as otherwise provided in subsection 3, every employer shall, without charge to the peace officer or fireman, provide each peace officer, whether or not he is on duty, and each fireman who is on duty, whether paid or voluntary, with:
(a) A portable manual mask and face shield approved by the board; and
(b) Initial training and instruction in the use of the equipment.
The mask, shield and training must be provided not later than 30 days after the first day of employment. The employer shall provide refresher courses in the use of the equipment when necessary.
3. An employer may apply to the health division for a waiver of the requirements of subsection 2 with regard to each peace officer or fireman who, in the normal course of his employment, is not likely ever to administer cardiopulmonary resuscitation. The application must be in writing, specify the reasons why the employee is not likely in the normal course of his employment ever to administer cardiopulmonary resuscitation and be sworn to by the employer or his authorized representative. The health division shall grant or deny the waiver based on the information contained in the application.
4. A waiver granted pursuant to subsection 3 expires upon any change in the duties of the peace officer or fireman which make it likely that he will administer cardiopulmonary resuscitation at some time in the normal course of his employment. The date of the change in duties shall be deemed to be the first day of employment for purposes of subsection 2.
κ1989 Statutes of Nevada, Page 308 (CHAPTER 144, SB 56)κ
5. An injury or illness which results from the use of a mask or shield by a peace officer or fireman pursuant to subsection 2 may not be considered as negligence or as causation in any civil action brought against a peace officer or fireman or his employer.
6. As used in this section:
(a) Employer means any person who employs or provides equipment to a fireman or peace officer, including the State of Nevada and its political subdivisions.
(b) Peace officer means:
(1) Sheriffs of counties and of metropolitan police departments and their deputies;
(2) Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180; and
(3) Marshals and policemen of cities and towns.
Sec. 2. 1. The state board of health shall adopt the regulations required by section 1 of this act on or before July 1, 1989.
2. Every employer of a peace officer or fireman whose first day of employment is on or before December 1, 1989, shall, with regard to that peace officer or fireman, comply with the provisions of subsection 2 of section 1 of this act not later than January 1, 1990.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 192Committee on Commerce and Labor
CHAPTER 145
AN ACT relating to pharmacy; declaring the practice of pharmacy to be a learned profession which affects public safety and welfare; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.213 is hereby amended to read as follows:
639.213 The legislature hereby declares the practice of pharmacy to be a learned profession [.] , affecting public safety and welfare and charged with the public interest, and is therefore subject to protection and regulation by the state.
________
κ1989 Statutes of Nevada, Page 309κ
Senate Bill No. 210Senator Jacobsen
CHAPTER 146
AN ACT relating to public finances; making various changes concerning the administration of certain public funds and accounts; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.254 is hereby amended to read as follows:
353.254 The state controller shall account for all amounts received by the state for distribution to local governments and all amounts received from local governments for distribution to state funds through the intergovernmental [trust] fund which is hereby created [.] as an agency fund.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176.223, 177.345, 178.465, 179.225, 213.153 and 293B.210,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the [trust] fund for insurance premiums is insufficient to pay the claims.
Sec. 3. NRS 355.167 is hereby amended to read as follows:
355.167 1. The local government pooled investment fund is hereby created as [a trust] an agency fund to be administered by the state treasurer.
2. Any local government, as defined in NRS 354.474, may deposit its money with the state treasurer for credit to the fund for purposes of investment.
3. The state treasurer may invest the money of the fund:
(a) In securities which have been authorized as investments for a local government by any provision of [Nevada Revised Statutes] NRS or any special law.
(b) In time certificates of deposit in the manner provided by NRS 356.015.
4. Each local government which elects to deposit money with the state treasurer for such an investment must:
κ1989 Statutes of Nevada, Page 310 (CHAPTER 146, SB 210)κ
(a) Upon the deposit, inform him in writing how long a period the money is expected to be available for investment.
(b) At the end of the period, notify him in writing whether it wishes to extend the period.
5. If a local government wishes to withdraw any of its money before the end of the period of investment, it must make a written request to the state treasurer. Whenever he is required to sell or liquidate invested securities because of a request for early withdrawal, any penalties or loss of interest incurred must be charged against the deposit of the local government which requested the early withdrawal.
6. All interest received on money of the fund must be deposited for credit to the fund.
7. The state treasurer may assess reasonable charges against the fund for reimbursement of the expenses which he incurs in administering the fund. The amount of the assessments must be transferred to an account within the state general fund for use of the state treasurer in carrying out the provisions of this section.
8. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of the total deposits in the fund which were attributable during the quarter to each local government.
(b) Apply that proportion to the total amount of interest received during the quarter on invested money of the fund; and
(c) Pay to each participating local government or reinvest upon its instructions its proportionate share of the interest, as computed pursuant to paragraphs (a) and (b), less the proportionate amounts of the assessments for the expenses of administration.
9. The state treasurer may adopt reasonable regulations to carry out the provisions of this section.
Sec. 4. NRS 41.037 is hereby amended to read as follows:
41.037 Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim or settle any action against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of judgment. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the claim from the [trust] fund for insurance premiums or from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim or settle any action against that subdivision or any of its present or former officers or employees arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of entry of any judgment, and pay it from any money appropriated or lawfully available for that purpose.
Sec 5. NRS 231.280 is hereby amended to read as follows:
231.280 The commission on tourism through its division of publications:
1. Shall prepare and publish a magazine to be known as Nevada Magazine. The magazine must contain materials which educate the general public about this state and thereby foster awareness and appreciation of Nevadas heritage, culture, historical monuments, natural wonders and natural resources.
κ1989 Statutes of Nevada, Page 311 (CHAPTER 146, SB 210)κ
heritage, culture, historical monuments, natural wonders and natural resources.
2. Shall produce and assist in the distribution of printed promotional materials that are created to carry out the commissions policies and programs. These services must be performed on a contractual basis.
3. May produce printed materials on tourism and economic development for other state and local governmental agencies on a contractual basis. The money received from producing these materials must be deposited with the state treasurer for credit to a special account in the [state general fund] fund for the promotion of tourism to be used to pay the divisions expenses . [, including the cost of publishing Nevada Magazine.]
Sec. 6. NRS 281.171 is hereby amended to read as follows:
281.171 1. The [travel advance fund] account for travel advances is hereby created . [as an agency fund which] Money in the account must be used by the state treasurer for the purpose of providing advance money to state officers and employees for travel expenses and subsistence allowances.
2. The state treasurer shall deposit the money in the [travel advance fund] account in a bank qualified to receive deposits of public funds, and the deposit must be secured by [a depository bond] collateral satisfactory to the state board of examiners.
3. The state treasurer or any of his officers or employees whom he has designated for the purpose may sign all checks and warrants drawn upon the [travel advance fund.] account.
Sec. 7. NRS 281.172 is hereby amended to read as follows:
281.172 1. Any state officer or employee may apply for advance money for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 281.160, by filing a request with the administrative head of the state office, department or agency by which he is employed.
2. If the administrative head or his designee approves the request he shall forward a copy of the request and approval to the state treasurer.
3. Upon receiving a copy of the request and approval from the administrative head or his designee, the state treasurer or one of his officers or employees whom he has designated for the purpose may issue a check or warrant drawn upon the [travel advance fund] account for travel advances for the amount of the advance requested.
Sec. 8. NRS 281.174 is hereby amended to read as follows:
281.174 1. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance must be paid into the [travel advance fund.] account for travel advances
2. If an advance is not repaid, the state treasurer may file a claim with the state board of examiners for money to replenish the [travel advance fund.] account. If the state board approves the claim it must be paid from the reserve for statutory contingency fund.
3. If an officer or employee of an agency terminates his employment after he receives a payment from the [travel advance fund] account for travel advances but before repayment to the [fund,] account, the state treasurer may collect from the agency the amount advanced.
κ1989 Statutes of Nevada, Page 312 (CHAPTER 146, SB 210)κ
Sec. 9. NRS 331.188 is hereby amended to read as follows:
331.188 1. Insurance recovery accounts in the [trust] fund for insurance premiums may be established as [may be] necessary. Except as provided in subsection 4, all money received from insurance companies in payment of losses incurred upon buildings and other property belonging to the state must be deposited in these accounts.
2. Money in these accounts may be expended only by the board, commission or officer having control or management of the buildings or other property damaged or destroyed for the repair, replacement or reconstruction of the damaged or destroyed property, and the money must be paid out on claims as other claims against the state are paid.
3. Any unexpended amount remaining in an insurance recovery account 3 years after the creation of the account, reverts to the state general fund.
4. This section does not apply to money received from insurance companies in payment of losses incurred upon buildings and other property controlled and administered by the department of transportation. That money must be deposited in the state highway fund.
Sec. 10. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 2.5 mills per cigarette, but not less than 5 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental [trust] fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In counties [having a population of] whose population is 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
κ1989 Statutes of Nevada, Page 313 (CHAPTER 146, SB 210)κ
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In counties [having a population of] whose population is less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 11. 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 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.
(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.
(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.
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.
κ1989 Statutes of Nevada, Page 314 (CHAPTER 146, SB 210)κ
Sec. 12. NRS 377A.050 is hereby amended to read as follows:
377A.050 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the 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 with the state treasurer for credit to 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 monthly:
(a) Transfer from the sales and use tax account 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 cost of collecting the tax.
(b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Transfer the amount determined for each county to the intergovernmental [trust] fund and remit the money to the county treasurer.
Sec. 13. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury [,] as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
κ1989 Statutes of Nevada, Page 315 (CHAPTER 146, SB 210)κ
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251 and on the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
6. After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, [design,] designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
κ1989 Statutes of Nevada, Page 316 (CHAPTER 146, SB 210)κ
Sec. 14. NRS 477.031 is hereby amended to read as follows:
477.031 The state fire marshal shall by regulation adopt a schedule of fees for the services and regulatory activities performed by the state fire marshal division pursuant to the provisions of this chapter. The fees must [approximate] :
1. Approximate the cost of those services and activities.
2. Be deposited with the state treasurer for credit to the appropriate account of the state fire marshal division.
3. Be used to carry out the provisions of this chapter.
Sec. 15. NRS 561.407 is hereby amended to read as follows:
561.407 1. The fund for the promotion of beef is hereby created as [an agency] a special revenue fund in the state treasury.
2. The interest and income earned on the money in the fund for the promotion of beef, after deducting any applicable charges, must be credited to the fund.
Sec. 16. NRS 353.355 is hereby repealed.
Sec. 17. At the end of the fiscal year 1988-89, the state controller shall transfer the assets and liabilities, to the extent that the assets are not encumbered for the fiscal year 1988-89, of:
1. The intergovernmental trust fund to the intergovernmental fund.
2. The travel advance fund to the account for travel advances.
Sec. 18. 1. This section, and sections 1 to 9 and 11 to 17, inclusive, of this act become effective on July 1, 1989.
2. Section 10 of this act becomes effective at 12:01 a.m. on July 1, 1989.
________
Senate Bill No. 211Senator Jacobsen
CHAPTER 147
AN ACT relating to state printing; requiring the chief of the purchasing division of the department of general services to contract for certain state printing not performed by the state printing office; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 344.053 is hereby amended to read as follows:
344.053 1. Whenever any materials to be prepared for publication or use by the legislature, the legislative counsel bureau or the legislative counsel are delivered to the superintendent by the legislature, the director of the legislative counsel bureau or the legislative counsel, the superintendent shall accord the preparation of [such] those materials an absolute priority over any other state work to be done in the division.
2. The director of the legislative counsel bureau shall determine the relative priorities to be assigned in the preparation of particular materials referred to in subsection 1.
κ1989 Statutes of Nevada, Page 317 (CHAPTER 147, SB 211)κ
3. Whenever the superintendent determines that the volume of priority work presently in the division or reasonably anticipated will prevent his prompt execution of other state work of an emergency nature he shall [authorize such] notify the chief of the purchasing division of the department of general services who shall have the other work [to be] performed in a commercial printing establishment as provided in NRS 344.160.
Sec. 2. NRS 344.160 is hereby amended to read as follows:
344.160 1. Should any state officer, commissioner, trustee or superintendent [consider that the requirements of] determine that his office, department or institution [demand] requires brochures, booklets, stationery, blanks, forms, typesetting, printing or binding which cannot be produced or performed in the division, [the superintendent shall authorize the state officer, commissioner, trustee or superintendent to] he shall notify the chief of the purchasing division of the department of general services. The chief shall, pursuant to the provisions of chapter 333 of NRS, have the work performed in a commercial printing establishment . [, the] The cost of the [same to] work must be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
2. The state controller [is directed no to] shall not draw his warrant in payment for any printed matter except such as is authorized by subsection 1.
________
Senate Bill No. 288Senator Jacobsen
CHAPTER 148
AN ACT relating to prisons; reducing the frequency of certain reports required of the department of prisons concerning prison population and security; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.011 is hereby amended to read as follows:
176.011 1. The department of prisons shall review sentences suggested by the commission for establishing suggested sentences for felonies and project:
(a) The effect of the suggestions on the number of persons who will be in a facility or institution of the department of prisons in the 2 years immediately following the date of the projections; and
(b) The level of security which will be necessary for the persons who, according to the projections made pursuant to paragraph (a), will be in a facility or institution of the department of prisons.
The department shall consider the frequency and extent of deviation from the suggested sentences in making its projections pursuant to this subsection.
κ1989 Statutes of Nevada, Page 318 (CHAPTER 148, SB 288)κ
2. The department of prisons shall review sentences imposed in this state and the practices of the board of parole commissioners and project:
(a) The number of persons who will be in a facility or institution of the department of prisons in the 2 years immediately following the date of the projections; and
(b) The level of security which will be necessary for the persons who, according to the projections made pursuant to paragraph (a), will be in a facility or institution of the department of prisons.
The projections made pursuant to this subsection must be based upon actual sentences without regard to the sentences suggested by the commission.
3. The department of prisons shall report [quarterly] semiannually to the department of administration the projections made pursuant to subsections 1 and 2. The department of administration shall estimate the cost of confining the projected number of persons at the projected levels of security. The department of administration shall submit an annual report of the estimated costs based upon the reports of the department of prisons to:
(a) The legislature, if it is in regular session; or
(b) The interim finance committee, if the legislature is not in regular session.
________
Senate Bill No. 263Senators Getto, Coffin, Horn, Jacobsen, Joerg, ODonnell, Rhoads, Shaffer, Smith and Townsend
CHAPTER 149
AN ACT relating to water; authorizing the state engineer to grant temporary changes in the diversion or use of water; and providing other matters properly relating thereto.
[Approved May 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.345 is hereby amended to read as follows:
533.345 1. Every application for a permit to change the place of diversion, manner of use or place of use of water already appropriated [shall] must contain such information as may be necessary to a full understanding of the proposed change, as may be required by the state engineer.
2. If an applicant is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated, the state engineer shall approve the application if:
(a) The application is accompanied by the prescribed fees;
(b) The temporary change is in the public interest; and
(c) The temporary change does not impair the water rights held by other persons.
3. If the state engineer determines that the temporary change may not be in the public interest, or may impair the water rights held by other persons, he shall give notice of the application as provided in NRS 533.360 and hold a hearing and render a decision as provided in this chapter.
κ1989 Statutes of Nevada, Page 319 (CHAPTER 149, SB 263)κ
he shall give notice of the application as provided in NRS 533.360 and hold a hearing and render a decision as provided in this chapter.
4. A temporary change may be granted for any period not to exceed 1 year.
Sec. 2. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as otherwise provided in NRS 533.345 and subsection 3 of NRS 533.370, when an application is filed in compliance with this chapter the state engineer shall, within 30 days, publish or cause to be published for a period of 4 consecutive weeks, in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application, which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion.
(f) The purpose for which the water is to be appropriated.
The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.
Sec. 3. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in NRS 533.345 and 533.372 and this section, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees; and
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the districts efficiency in its delivery or use of water.
2. The state engineer shall either approve or reject each application within 1 year after the final date for filing protest . [; but:] However:
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where [water supply] studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.
κ1989 Statutes of Nevada, Page 320 (CHAPTER 149, SB 263)κ
4. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. If the application is approved, the applicant [is authorized,] may, on receipt thereof, [to] proceed with the construction of the necessary works and [to] take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 275Committee on Human Resources and Facilities
CHAPTER 150
AN ACT relating to the state welfare board; revising the procedures for electing certain officers of the board; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.120 is hereby amended to read as follows:
422.120 1. At the first meeting [subsequent to the appointment of any new member, the board shall proceed to organize by electing one of its members as chairman.] after the adjournment of any regular session of the legislature, the board shall elect from its members a chairman and vice chairman. The terms of the offices of chairman and vice chairman expire upon the election of a chairman and vice chairman at the first meeting following the adjournment of the next regular session of the legislature.
2. If a vacancy occurs in the office of chairman, the vice chairman shall assume the duties of chairman for the unexpired term. If a vacancy occurs in the office of vice chairman, the board shall, at its next meeting, fill the vacancy for the unexpired term.
3. The administrator shall act as the nonvoting recording secretary.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 321κ
Senate Bill No. 269Committee on Taxation
CHAPTER 151
AN ACT relating to local financial administration; changing the deadline for the submission of annual budgets by certain special districts to the department of taxation; delaying the certification of tax rates by the Nevada tax commission and the due date of property taxes for the 1989-1990 fiscal year; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.475 is hereby amended to read as follows:
354.475 1. All special districts subject to the provisions of the Local Government Budget Act with annual total expenditures of less than $65,000 may petition the department of taxation for exemption from the requirements of the Local Government Budget Act for the filing of certain budget documents and audit reports. Such districts may further petition to return to a cash method of accounting. The minimum required of such districts is the filing with the department of taxation of an annual budget on or before [March] April 15 of each year and the filing of quarterly reports in accordance with NRS 354.602. Such petitions must be received by the department of taxation before December 31 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year. A board of county commissioners may request the department of taxation to audit the financial records of such an exempt district.
2. Such districts are exempt from all publication requirements of the Local Government Budget Act, except that the department of taxation by regulation shall require an annual publication of a notice of budget adoption and filing. The department of taxation shall adopt regulations pursuant to NRS 354.594 which are necessary to carry out the purposes of this section.
3. The revenue recorded in accounts [which] that are kept on a cash basis must consist of cash items.
4. As used in this section, cash basis means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.
Sec. 2. For the fiscal year 1989-1990:
1. Notwithstanding the provisions of NRS 354.598, the last day for adopting the final budget of a local government and for transmitting a copy of it to the Nevada tax commission is July 1, 1989.
2. Notwithstanding the provisions of NRS 361.455:
(a) The Nevada tax commission shall meet on July 21, 1989, to set the tax rates for local governments;
(b) If the combined tax rate together with any established state rate exceeds the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the rates for the local governments, but shall not reduce the rate of the county school district for the operation and maintenance of public schools; and
κ1989 Statutes of Nevada, Page 322 (CHAPTER 151, SB 269)κ
(c) Any local government whose budget must be revised because of such an adjustment shall file a copy of its revised budget by August 15, 1989.
3. Notwithstanding the provisions of NRS 361.465, the county auditor shall deliver the extended tax roll, with his certificate attached, to the ex officio tax receiver of the county on or before July 28, 1989.
4. Notwithstanding the provisions of NRS 361.483, the taxes assessed upon the real property tax roll and upon mobile homes are due on August 28, 1989, and if a person elects to pay in quarterly installments, the first installment is due on August 28, 1989.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 452Committee on Judiciary
CHAPTER 152
AN ACT relating to evidence; authorizing a financial institution to establish the authenticity of its records by affidavit of the custodian of the records; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 51.135 is hereby amended to read as follows:
51.135 1. A memorandum, report, record or compilation of data, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony of the custodian or other qualified witness, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
2. An affidavit signed by a custodian of medical records verifying that the copy of medical records is a true and complete reproduction of the original medical records is not inadmissible under the hearsay rule and must be accepted by the court in lieu of testimony.
3. An affidavit signed by a custodian of the records of a casino or hotel, verifying that a copy of a record of a casino or hotel is a true and complete reproduction of the original record is not inadmissible under the hearsay rule and must be accepted by the court in lieu of testimony. As used in this subsection, the terms custodian of the records of a casino or hotel and [records] record of a casino or hotel have the meanings ascribed to them by NRS 52.405.
4. An affidavit signed by a custodian of the records of a banking or financial institution, verifying that a copy of a record of a banking or financial institution is a true and complete reproduction of the original record is not inadmissible under the hearsay rule and must be accepted by the court in lieu of testimony. As used in this subsection, the terms custodian of the records of a banking or financial institution and record of a banking or financial institution have the meanings ascribed to them by section 3 of this act.
κ1989 Statutes of Nevada, Page 323 (CHAPTER 152, AB 452)κ
of a banking or financial institution and record of a banking or financial institution have the meanings ascribed to them by section 3 of this act.
Sec. 2. Chapter 52 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. As used in sections 4, 5 and 6 of this act, unless context otherwise requires:
1. Custodian of the records of a banking or financial institution means an employee or agent of a banking or financial institution who has the care, custody and control of the records of the banking or financial institution.
2. Records of a banking or financial institution means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by a banking or financial institution.
3. Banking or financial institution means any bank, savings and loan association, savings bank, thrift company or credit union licensed to do business as such in this state or any other state.
Sec. 4. 1. The content of records of a banking or financial institution, if otherwise admissible, may be proved by a copy of the record which is authenticated by a custodian of the records of a banking or financial institution in a signed affidavit. The custodian must verify in the affidavit that the copy is a true and complete reproduction of the original record and that the original record was made at or near the time of the act or event concerning which information was recorded, by or from information transmitted by a person with knowledge of the act or event, and in the course of a regularly conducted activity.
2. The affidavit required by subsection 1 must be substantially in the following form:
CERTIFICATE OF CUSTODIAN OF RECORDS
State of Nevada }
}ss.
County of..................................................... }
NOW COMES .........................................., who after first being duly sworn deposes and says:
1. That the deponent is the ..................... of the ......................... and in such capacity is a custodian of the records of the institution.
2. That the institution is licensed to do business as a .......................... in the State of .......................
3. That on the ..................... day of ...................., 19....., the deponent was served with a subpena in connection with the above entitled cause, calling for the production of records pertaining to ..............................................
.......................................................................................................................................................
.......................................................................................................................................................
4. That the deponent has examined the original of those records and has made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.
κ1989 Statutes of Nevada, Page 324 (CHAPTER 152, AB 452)κ
5. That the original of those records was made at or near the time of the acts, events, conditions or opinions recited therein by or from information transmitted by a person with knowledge in the course of a regularly conducted activity of the deponent or the office or institution in which the deponent is engaged.
.......................................................
Subscribed and sworn to before me, a Notary Public, on this ............ day of ..............., 19........
.............................
Notary Public ............................. County, Nevada
My appointment expires:
..............................
Sec. 5. 1. A custodian of the records of a banking or financial institution complies with a subpena requesting the production of the records of a banking or financial institution by delivering true and complete copies of the original records to the attorney for the party who caused the subpena to be issued. The copies may be delivered personally or by mail and must be accompanied by the affidavit authenticating the records required by section 4 of this act.
2. Upon receipt of the requested records, the attorney for the party who caused the subpena to be issued shall promptly notify all parties to the action of their receipt and make the records available for their inspection and copying.
3. The records must be preserved and maintained as a cohesive unit and may not be separated except upon the order of the court.
Sec. 6. If during a trial or a proceeding for discovery, the authenticity of a record of a banking or financial institution is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the records and may order that the original records be produced.
________
κ1989 Statutes of Nevada, Page 325κ
Assembly Bill No. 517Assemblymen Dini, Jeffrey, Sedway, Spinello, Schofield, Gaston, Porter, Nevin, Sader, Thompson, Adler, Arberry, Banner, Chowning, Carpenter, Wisdom, Myrna Williams, Regan, Kissam, Marvel, Freeman, McGinness, Triggs, Swain, Sheerin, Evans, Brookman, Bergevin, McGaughey, Wendell Williams, Diamond, Garner, Price, DuBois, Lambert, Callister, Bogaert, Humke and Gibbons
CHAPTER 153
AN ACT relating to educational personnel; providing that a postprobationary employee of a school district retains that status upon his employment by another school district; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.31965 is hereby amended to read as follows:
391.31965 Any postprobationary employee of a school district of Nevada who is employed by another school district [shall] must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.3197.
Sec. 2. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 474Committee on Transportation
CHAPTER 154
AN ACT relating to the department of transportation; changing the basis for the report to the legislature on the resurfacing of state highways from calendar year to fiscal year; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.203 is hereby amended to read as follows:
408.203 The director shall:
1. Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the department, and submit it to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.
2. Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 3 years, including anticipated revenues and expenditures of the department, no later than October 1 of each even-numbered year, and submit it to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.
κ1989 Statutes of Nevada, Page 326 (CHAPTER 154, AB 474)κ
3. Report to the legislature by February 1 of odd-numbered years the progress being made in the departments 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 [calendar] fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.
________
Assembly Bill No. 525Committee on Judiciary
CHAPTER 155
AN ACT relating to relating to district judges; requiring a district judge to notify the court administrator of his resignation; requiring the governor to notify the court administrator of his acceptance of the resignation or retirement of a district judge; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.070 is hereby amended to read as follows:
3.070 Resignation of office by a district judge [shall] must be made to the governor [.] and to the court administrator. The governor shall notify the court administrator as soon as practicable upon his acceptance of the resignation or retirement of a district judge.
________
Assembly Bill No. 509Committee on Judiciary
CHAPTER 156
AN ACT relating to probate property; limiting the commission for finding a purchaser for probate property to the purchase of real property; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 148.110 is hereby amended to read as follows:
148.110 1. The executor or administrator may enter into a written contract with any bona fide agent, broker or multiple group of agents or brokers to secure a purchaser for any real [or personal] property of the estate, [which contract] and by that contract the executor or administrator may grant an exclusive right to sell and shall provide for the payment to the agent, broker or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured pursuant to [such] the contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale .
κ1989 Statutes of Nevada, Page 327 (CHAPTER 156, AB 509)κ
amount of which must be fixed and allowed by the court upon confirmation of the sale . [; and when] When the sale is confirmed to the purchaser the contract [shall be] is binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract no personal liability [shall attach] attaches to the executor or administrator, and no liability of any kind [shall be] is incurred by the estate unless an actual sale is made and confirmed by the court.
3. The commission [in no case shall] must not exceed:
(a) Ten percent for unimproved real property.
(b) Seven percent for [all other] improved real property.
________
Assembly Bill No. 343Assemblymen Gibbons, McGaughey, Diamond, Callister, Jeffrey, Adler, Kerns, Kissam, Chowning, Myrna Williams, Gaston, Wisdom, Price, Garner, Lambert, McGinness, Regan, Carpenter, Bogaert, Marvel and Brookman
CHAPTER 157
AN ACT relating to material witnesses; requiring a material witness who has been detained to be brought before a judge or magistrate for a review of his detention; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.494 is hereby amended to read as follows:
178.494 1. If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure his presence by subpena, the magistrate may require him to give bail for his appearance as a witness, in an amount fixed by the magistrate. If the person fails to give bail the magistrate may:
[1.] (a) Commit him to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;
[2.] (b) Order his release if he has been detained for an unreasonable length of time; and
[3.] (c) Modify at any time the requirement as to bail.
2. Every person detained as a material witness must be brought before a judge or magistrate within 72 hours after the beginning of his detention. The judge or magistrate shall make a determination whether:
(a) The amount of bail required to be given by the material witness should be modified; and
(b) The detention of the material witness should continue.
κ1989 Statutes of Nevada, Page 328 (CHAPTER 157, AB 343)κ
The judge or magistrate shall set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continue.
________
Assembly Bill No. 523Committee on Judiciary
CHAPTER 158
AN ACT relating to the office of court administrator; requiring the transmittal of certain claims to the court administrator instead of the clerk of the supreme court; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:
All of the following claims must be submitted to the court administrator, who shall act as administrative officer in processing the claims:
1. Claims of justices of the supreme court under NRS 2.050 and 2.060.
2. Claims of surviving spouses of justices of the supreme court under NRS 2.070.
3. Claims of judges of the district courts under NRS 3.030 and 3.090.
4. Claims of surviving spouses of judges of the district courts under NRS 3.095.
Sec. 2. NRS 1.340 is hereby amended to read as follows:
1.340 The court administrator, with the approval of the supreme court, may appoint and fix the compensation of such assistants as are necessary to enable him to perform the duties required of him by NRS 1.320 to 1.370, inclusive [.] , and section 1 of this act.
Sec. 3. NRS 1.370 is hereby amended to read as follows:
1.370 1. All judges, clerks and employees of the district courts, justices courts and municipal courts shall provide the court administrator with any records, papers or other information that he may require and shall cooperate with him in every possible manner in order to effectuate the purposes of NRS 1.320 to 1.370, inclusive [.] , and section 1 of this act.
2. Subsection 1 does not authorize disclosure by the court administrator of records and papers not otherwise open to public inspection.
Sec. 4. NRS 281.165 is hereby amended to read as follows:
281.165 All claims of district judges for travel expenses and subsistence allowances [shall] must be submitted to the [clerk of the supreme court,] court administrator in accordance with [NRS 2.285.] section 1 of this act.
Sec. 5. NRS 2.285 is hereby repealed.
________
κ1989 Statutes of Nevada, Page 329κ
Assembly Bill No. 5Assemblyman Sader
CHAPTER 159
AN ACT relating to traffic laws; continuing the advisory commission on the evaluation and education of persons found guilty of driving while under the influence of alcohol or a controlled substance; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 583, Statutes of Nevada 1987, at page 1412, is hereby amended to read as follows:
Sec. 3. 1. The governor shall appoint as members of the commission, to serve at his pleasure:
(a) One representative from the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources, whose duties include participation in the certification of facilities for the treatment of alcohol and drug abusers;
(b) One representative from the department, whose duties include participation in the approval of educational courses on the abuse of alcohol and controlled substances;
(c) One person who serves as a municipal judge or justice of the peace in Clark County;
(d) One person who serves as a municipal judge or justice of the peace in a county other than Clark County;
(e) Two persons who assist in the administration of municipal or justices courts, one of whom serves in Clark County and one of whom serves in another county;
(f) One representative from a nonprofit facility providing treatment and counseling for the abuse of alcohol and controlled substances which receives a majority of its funding from the state and its political subdivisions;
(g) One representative from a facility providing treatment and counseling for the abuse of alcohol and controlled substances which does not receive a majority of its funding from the state and its political subdivisions;
(h) One representative from a facility that provides an educational course on the abuse of alcohol and controlled substances;
(i) One representative from the state legislature; and
(j) Two persons as representatives of the general public.
No more than six members of the commission may be from the same county.
2. The governor, or his designated representative, shall serve as the chairman of the commission. The commission shall meet at the call of the chairman as often as the chairman deems necessary. Seven members of the commission constitute a quorum. If a member of the commission is unable to attend a meeting, he may be represented by an alternate who is approved by the chairman.
κ1989 Statutes of Nevada, Page 330 (CHAPTER 159, AB 5)κ
who is approved by the chairman. The terms of the members of the commission expire on July 1, [1989.] 1991.
3. The department shall appoint one of its employees, whose duties include the coordination of federal programs or the disbursement of federal money for highway or traffic safety, to advise and assist the commission in the performance of its duties pursuant to this act.
Sec. 2. Section 4 of chapter 583, Statutes of Nevada 1987, at page 1413, is hereby amended to read as follows:
Sec. 4. 1. The commission shall make recommendations to the department for the adoption of regulations concerning:
(a) Standards for the fees and curricula of educational courses on the abuse of alcohol and controlled substances; and
(b) Standards and procedures for the certification of instructors for those courses.
2. The department shall, before January 1, [1989,] 1991, consider the recommendations of the commission and adopt regulations concerning the matters set forth in subsection 1.
Sec. 3. Section 6 of chapter 583, Statutes of Nevada 1987, at page 1413, is hereby amended to read as follows:
Sec. 6. The commission shall:
1. Review and monitor, in consultation and cooperation with the department, each program established pursuant to section 5 of this act;
2. Evaluate the effectiveness of each such program; and
3. Present its report and any recommendations for legislation to the [65th] 66th session of the legislature.
Sec. 4. Section 7 of chapter 583, Statutes of Nevada 1987, at page 1414, is hereby amended to read as follows:
Sec. 7. This act expires by limitation on July 1, [1989.] 1991.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 129Assemblymen DuBois, Thompson, Diamond, Spriggs, Bergevin, Humke, McGaughey, Fay, Freeman, Swain, Porter and Callister
CHAPTER 160
AN ACT relating to juveniles; requiring the suspension of the drivers license of a juvenile who uses, possesses, sells or distributes a controlled substance; and providing other matters properly relating thereto.
[Approved May 18, 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. Whenever any child is found to have committed the unlawful act of using, possessing, selling or distributing a controlled substance, the judge, or his authorized representative, may, if the child possesses a drivers license, issue an order suspending the childs drivers license for 6 months.
κ1989 Statutes of Nevada, Page 331 (CHAPTER 160, AB 129)κ
his authorized representative, may, if the child possesses a drivers license, issue an order suspending the childs drivers license for 6 months. If such an order is issued, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
2. If the child does not possess a drivers license and child is or will be eligible to apply for a drivers license within the 6 months immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a drivers license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the department a copy of the order.
3. The department shall not:
(a) Treat such an unlawful act in the manner statutorily required for moving traffic violations.
(b) Report a suspension pursuant to this section to an insurance company or its agent inquiring about the childs driving record.
________
Assembly Bill No. 141Assemblyman Banner
CHAPTER 161
AN ACT relating to industrial insurance; revising the provisions governing copies of files of insurers and mailing of notice of accident to insurers; protecting certain privileged material from disclosure; increasing the death benefit for burial and funeral expenses; extending the period during which a claimant may request a hearing concerning the proposed closing of a claim; requiring the administrator to adopt a schedule for the rating of the loss of, or damage to, teeth; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.193 is hereby amended to read as follows:
616.193 1. The insurer must provide access to the files of claims in its offices.
2. A file is available for inspection during regular business hours by the employee or his designated agent, the employer or his designated agent and the administrator or his designated agent.
3. Upon request, the insurer must make copies of anything in the file and may charge a reasonable fee for this service. Copies of materials in the file which are requested by the administrator or his designated agent , or the state industrial claimants attorney or his designated agent must be provided free of charge.
4. Until a claim is closed the file must be kept in the office nearest to the place where the injury occurred.
κ1989 Statutes of Nevada, Page 332 (CHAPTER 161, AB 141)κ
5. If a claim has been closed for at least 1 year, the insurer may microphotograph or film any of its records relating to that claim. The microphotographs or films must be placed in convenient and accessible files, and provision must be made for preserving, examining and using the records.
6. Nothing in this section requires the insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.
Sec. 2. NRS 616.500 is hereby amended to read as follows:
616.500 1. Notice of the injury for which compensation is payable under this chapter must be given to the insurer as soon as practicable, but within 30 days after the happening of the accident.
2. In case of death of the employee resulting from the injury, notice must be given to the insurer as soon as practicable, but within 60 days after death.
3. The notice must:
(a) Be in writing;
(b) Contain the name and address of the injured employee;
(c) State in ordinary language the time, place, nature and cause of the injury; and
(d) Be signed by the injured employee or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf.
4. No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the insurer a claim for compensation with respect to the injury within 90 days after the happening of the accident, or, in the case of death, within 1 year after death.
5. The notice required by this section must be served by delivery of a copy of the notice, or by mailing [by certified mail] a copy thereof in a sealed postpaid envelope addressed to the insurer. Such mailing constitutes complete service.
6. Failure to give notice or to file a claim for compensation within the time [limit] specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the insurer on one or more of the following grounds:
(a) That notice for some sufficient reason could not have been made.
(b) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.
(c) That failure to give notice was [due to] because of the employees or beneficiarys mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.
7. The insurer must either accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 30 days after the notice provided for in this section is received. If additional information is necessary to determine liability, the insurer may extend the period to 60 days upon notice to the claimant if the administrator approves. If additional information is still necessary, the insurer may grant a further extension if the administrator approves and the claimant gives his written consent, but the total period may not be extended to more than 90 days.
κ1989 Statutes of Nevada, Page 333 (CHAPTER 161, AB 141)κ
Sec. 3. NRS 616.567 is hereby amended to read as follows:
616.567 1. When the insurer determines that a case should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the case to the claimant by United States mail addressed to the last known address of the claimant. The notice must include a statement that the claimant has a right to a hearing before a hearing officer on the closing of his case, and that he may request a hearing, in writing, on the form provided with the notice, within [30] 60 days after the date on which the notice was mailed by the insurer. A suitable form for requesting a hearing must be enclosed with the notice.
2. If the insurer does not receive a request for a hearing before a hearing officer within [30] 60 days after mailing the notice, it may close the case. Upon receiving a request for a hearing, the insurer shall treat the case as a contested case for the purposes of the hearing.
Sec. 4. NRS 616.595 is hereby amended to read as follows:
616.595 The [following schedule shall apply in rating loss of, or permanent damage to, teeth:
Incisors............................................................................................................ $20
Bicuspids......................................................................................................... 30
Molars.............................................................................................................. 40]
administrator shall adopt, by regulation, a schedule which, in his judgment, is best calculated to compensate fairly and adequately an injured employee for the loss of, or permanent damage to, a tooth. The administrator shall review the schedule at least once every 2 years to ensure the fairness and adequateness of the schedule.
Sec. 5. NRS 616.615 is hereby amended to read as follows:
616.615 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation is known as a death benefit, and is payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed [$2,500.] $5,000. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer if the transportation is not beyond the continental limits of the United States.
2. Widow. To the widow, 66 2/3 percent of the average monthly wage. This compensation must be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower. To the widower, 66 2/3 percent of the average monthly wage. This compensation must be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. Children who survive a widow or widower.
(a) In case of the subsequent death of the surviving spouse any surviving child or children of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest reaches the age of 18 years.
(b) If the children have a guardian, the compensation on account of them may be paid to the guardian.
κ1989 Statutes of Nevada, Page 334 (CHAPTER 161, AB 141)κ
(c) Except as provided in subparagraphs (1) and (2), the entitlement of any child to receive his proportionate share of compensation under this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to compensation under this section if he is:
(1) Over 18 years and incapable of self-support, until such time as he becomes capable of self-support; or
(2) Over 18 years and enrolled as a full time student in an accredited vocational or educational institution, until he reaches the age of 22 years.
(d) Upon the remarriage of a widow or widower with children, the widow or widower must be paid 2 years compensation in one lump sum and further benefits must cease. Following the remarriage by the widow or widower with children, each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.
5. Surviving children but no surviving spouse. If there is a surviving child or children of the deceased employee under the age of 18 years, but no surviving spouse, then each child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support until he reaches the age of 18 years or, if enrolled full-time in an accredited vocational or educational institution, until he reaches the age of 22 years.
6. Dependent parents, brothers and sisters. If there is no surviving spouse or child under the age of 18 years, there must be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 33 1/3 percent of the average monthly wage.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 66 2/3 percent of the average monthly wage.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) may in no case exceed 66 2/3 percent of the average monthly wage.
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency must be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower must be for the use and benefit of the widow or widower, and of the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
κ1989 Statutes of Nevada, Page 335 (CHAPTER 161, AB 141)κ
widower, and of the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation must be only 50 percent of the amount or amounts specified in this section.
10. Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed [$2,500] $5,000 must be paid.
________
Assembly Bill No. 424Assemblyman DuBois
CHAPTER 162
AN ACT relating to hazardous materials; providing for the submission of certain federally required reports to governmental agencies in Nevada designated by the governor; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
The forms required to be submitted pursuant to 42 U.S.C. § 11023 must be submitted to governmental agencies in Nevada designated by the governor.
________
Assembly Bill No. 111Assemblyman Dini, Adler, McGinness, Marvel and Bergevin
CHAPTER 163
AN ACT relating to farm products; extending the protection of the required bond, or the money or securities deposited in lieu of a bond; increasing the criminal penalty that may be imposed for nonpayment; authorizing the imposition of a civil penalty; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 576.042 is hereby amended to read as follows:
576.042 1. Any [producer] :
(a) Producer of livestock or farm products or his agent or consignee ;
(b) Licensed broker, dealer or commission merchant; or
κ1989 Statutes of Nevada, Page 336 (CHAPTER 163, AB 111)κ
(c) Organization or association which is entirely nonprofit in character, such as the Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show or the Nevada Hereford Association,
who is injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the [producer, his agent or consignee] injured person is entitled to treble damages.
2. Any [producer of livestock or farm products or his agent or consignee] person having a claim pursuant to subsection 1 against any licensed dealer, broker or commission merchant [shall] must begin legal action on any bond, or money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year after the claim has accrued.
3. Pursuant to subsection 4 of NRS 576.030, process may be served by delivering to the executive director duplicate copies of the process and paying a fee of $2. The service upon the executive director shall be deemed service upon the dealer, broker or commission merchant. The executive director shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of service. The defendants return receipt is prima facie evidence of the completion of service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear is extended 10 days. The provisions of this subsection are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada, he must be served with process in the State of Nevada.
Sec. 2. NRS 576.125 is hereby amended to read as follows:
576.125 1. When requested by his consignor, a commission merchant shall, before the close of the next business day following the sale of any farm products consigned to him, transmit or deliver to the owner or consignor of the farm products a true written account of such sale, showing the amount sold and the selling price. Remittance in full of the amount realized from such sales, including all collections, overcharges and damages, less the agreed commission and other charges, together with a complete account of sales, [shall] must be made to the consignor within 10 days after receipt of the [moneys] money by the commission merchant, unless otherwise agreed in writing.
2. Every commission merchant shall retain a copy of all records covering each transaction for a period of 1 year from the date thereof, which copy [shall] must at all times be available for and open to the confidential inspection of the executive director and the consignor, or authorized representative of either.
3. Every dealer shall pay for farm products delivered to him at the time and in the manner specified in the contract with the producer, but if no time is set by [such] the contract, or at the time of the delivery, then within 30 days from the delivery or taking possession of [such] the farm products, except that livestock whose sale is subject to the Packers and Stockyards Act (7 U.S.C.
κ1989 Statutes of Nevada, Page 337 (CHAPTER 163, AB 111)κ
from the delivery or taking possession of [such] the farm products, except that livestock whose sale is subject to the Packers and Stockyards Act (7 U.S.C. §§ 181 to 231, inclusive) [shall] must be paid for within the time required by that act and any applicable regulations [promulgated] adopted thereunder.
4. A person who, with the intent to defraud, fails to make full payment for farm products purchased pursuant to this chapter within 10 days after receiving written notice of the fact that the payment is past due:
(a) Is guilty of a gross misdemeanor, if the amount owed is $1,000 or less.
(b) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000, if the amount owed is more than $1,000.
Sec. 3. NRS 576.140 is hereby amended to read as follows:
576.140 [This chapter shall] Except as otherwise provided in NRS 576.042, the provisions of this chapter do not apply to:
1. The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.
2. Any railroad transporting livestock either interstate or intrastate.
3. Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises within the State of Nevada and not for immediate resale.
4. Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at such auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at such auctions, and any person buying for interstate shipments only and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act. (7 U.S.C. § 204) and the regulations [promulgated] adopted thereunder. All persons exempted by the provisions of this subsection shall register annually with the department, giving the location of their place of business, the number of their license and bond and the expiration date thereof. Each such registrant shall pay an annual registration fee of $40 to the department.
5. Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.
6. Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.
Sec. 4. NRS 576.150 is hereby amended to read as follows:
576.150 1. [Any] Except as otherwise provided by a specific statute, a person who acts as a dealer, broker, commission merchant, cash buyer or agent without a license therefor as required by this chapter, or who violates any [of the provisions] other provision of this chapter, or any of the [rules or] regulations lawfully [promulgated under the] adopted pursuant to provisions of this chapter, is guilty of a misdemeanor. If the violation relates to the failure to make payment for farm products, an intent to defraud must be proven before a misdemeanor or other penalty may be imposed.
κ1989 Statutes of Nevada, Page 338 (CHAPTER 163, AB 111)κ
2. Any prosecution brought [under] pursuant to this chapter may be brought in any county of this state in which the defendant or any one of the defendants resides, or in which the unlawful act was committed, or in which the defendant or any one of the defendants has his principal place of business.
3. In addition to any criminal penalty imposed pursuant to, or any remedy provided by, this chapter, the executive director, after notice and hearing in an administrative proceeding, may issue an order against any person who has violated any provision of this chapter or any regulation adopted pursuant to this chapter imposing a civil penalty of not more than $5,000 for each violation. Any civil penalty collected pursuant to this subsection must be deposited in the state general fund.
________
Assembly Bill No. 532Assemblyman Banner
CHAPTER 164
AN ACT relating to chiropractors; amending certain provisions to reflect the new name of the state chiropractic association; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.190 is hereby amended to read as follows:
616.190 1. The administrator shall annually request the Nevada State Medical Association and the [Chiropractic Association of Nevada,] Nevada State Chiropractic Association, respectively, to select and establish two panels. The members of each panel must include two orthopedic surgeons, two neurosurgeons, two surgeons whose practice is not limited to any specialty, two psychiatrists, an internist, a family practitioner, another physician and two chiropractors who are in good professional standing and who have displayed an active interest in the advancement of their profession. If the Nevada State Medical Association or the [Chiropractic Association of Nevada] Nevada State Chiropractic Association is dissolved, the administrator shall appoint the members from that profession after consulting the state health officer. When an injured employee is referred to the panel, the insurer, after reviewing all pertinent medical records, shall select two members of the panel whose specialties are related most directly to the problem presented, and third member from the remaining members of the panel. The three members selected are the medical review board for that case. This board may seek further consultation and advice from any physician or chiropractor of its choice. A board must be selected from the members of the panel for each claimant referred. Members of a panel may be reappointed from year to year, with the respective approval of the Nevada State Medical Association and the [Chiropractic Association of Nevada] Nevada State Chiropractic Association so long as each respective organization exists.
2. The state is hereby divided into two medical board districts, as follows:
κ1989 Statutes of Nevada, Page 339 (CHAPTER 164, AB 532)κ
(a) Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and Washoe constitute the first medical board district.
(b) The counties of Clark, Esmeralda, Lincoln, Nye and White Pine constitute the second medical board district.
3. One of the lists referred to in subsection 1 must be composed of licensed physicians and chiropractors practicing in the first medical board district and the other list must be composed of physicians and chiropractors practicing in the second medical board district.
4. The jurisdiction of the medical boards is concurrent and limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the insurer. Such a board shall not consider or determine legal questions such as whether the injury arose out of and in the course of employment. The findings of the medical boards or a majority of the members of each board are final and binding on the insurer.
5. Each member of the medical boards is entitled to receive his usual medical fee for each referred case, which represents compensation for the initial review of medical records, the examination and the preparation of the report. Each report must be signed by all members of the medical review board appointed for that case.
6. Each member of the medical boards is entitled to reasonable and necessary traveling expenses incurred while actually engaged in performance of his duties.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 261Committee on Natural Resources
CHAPTER 165
AN ACT relating to livestock; expanding the authority of the department of agriculture to enforce the provisions relating to brand inspection; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 565.155 is hereby amended to read as follows:
565.155 1. In carrying out the provisions of this chapter, any inspector of the department [shall have] has the power of a peace officer to make investigations and arrests and to execute warrants of search and seizure.
2. [Nothing in this section shall be construed to] The department may:
(a) Authorize other peace officers to enforce the provisions of this chapter; and
(b) Adopt regulations specifying the procedures for the enforcement of the provisions of this chapter by the inspectors of the department and other peace officers.
κ1989 Statutes of Nevada, Page 340 (CHAPTER 165, SB 261)κ
3. This section does not authorize any [such] inspector to retire under the public employees retirement system [prior to] before having attained the minimum service age of 60 years.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 297Committee on Judiciary
CHAPTER 166
AN ACT relating to the Uniform Commercial Code; adopting Article 2A concerning leases; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 8 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 81, inclusive, of this act.
Sec. 2. 1. The provisions of NRS 104.1101 to 104.1208, inclusive, apply to this chapter as if the provisions of this chapter were included in chapter 104 of NRS.
2. Unless limited by specific statute, a reference in NRS to the Uniform Commercial Code or to chapter 104 of NRS shall be deemed to refer to chapter 104 of NRS together with this chapter.
Sec. 3. Transactions validly entered into before January 1, 1990, and the rights, duties and interests flowing therefrom remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by rules of law in effect before that date.
Sec. 4. This article shall be known and may be cited as Uniform Commercial CodeLeases.
Sec. 5. This article applies to any transaction, regardless of form, that creates a lease.
Sec. 6. 1. In this article unless the context otherwise requires:
(a) Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(b) Cancellation occurs when either party puts and end to the lease contract for default by the other party.
(c) Commercial unit means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use.
κ1989 Statutes of Nevada, Page 341 (CHAPTER 166, AB 297)κ
impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.
(d) Conforming goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract.
(e) Consumer lease means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee, except an organization, who takes under the lease primarily for a personal, family or household purpose.
(f) Fault means wrongful act, omission, breach or default.
(g) Finance lease means a lease in which:
(1) The lessor does not select, manufacture or supply the goods;
(2) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
(3) Either the lessee receives a copy of the contract evidencing the lessors purchase of the goods on or before signing the lease contract, or the lessees approval of the contract evidencing the lessors purchase of the goods is a condition to effectiveness of the lease contract.
(h) Goods means all things that are movable at the time of identification to the lease contract, or are fixtures (section 42 of this act), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.
(i) Installment lease contract means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause each delivery is a separate lease or its equivalent.
(j) Lease means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.
(k) Lease agreement means the bargain, with respect to the lease, of the lessor and lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
(l) Lease contract means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.
(m) Leasehold interest means the interest of the lessor or the lessee under a lease contract.
(n) Lessee means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.
(o) Lessee in ordinary course of business means a person who in good faith and without knowledge that the lease to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker.
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the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. Leasing may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(p) Lessor means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.
(q) Lessors residual interest means the lessors interest in the goods after expiration, termination or cancellation of the lease contract.
(r) Lien means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.
(s) Lot means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.
(t) Merchant lessee means a lessee that is a merchant with respect to goods of the kind subject to the lease.
(u) Present value means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
(v) Purchase includes taking by sale, lease, mortgage, security interest, pledge, gift or any other voluntary transaction creating an interest in goods.
(w) Sublease means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.
(x) Supplier means a person from whom a lessor buys or leases goods to be leased under a finance lease.
(y) Supply contract means a contract under which a lessor buys or leases goods to be leased.
(z) Termination occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default.
2. Other definitions applying to this article and the sections in which they appear are:
Accessions. Section 43 of this act.
Construction mortgage. Section 42 of this act.
Encumbrance. Section 42 of this act.
Fixtures. Section 42 of this act.
Fixture filing. Section 42 of this act.
Purchase money lease. Section 42 of this act.
3. The following definitions in other articles apply to this article:
κ1989 Statutes of Nevada, Page 343 (CHAPTER 166, AB 297)κ
Account. NRS 104.9106.
Between merchants. NRS 104.2104.
Buyer. NRS 104.2103.
Chattel paper. NRS 104.9105.
Consumer goods. NRS 104.9109.
Document. NRS 104.9105.
Entrusting. NRS 104.2403.
General intangibles. NRS 104.9106.
Good faith. NRS 104.2103.
Instrument. NRS 104.9105.
Merchant. NRS 104.2104.
Mortgage. NRS 104.9105.
Pursuant to commitment. NRS 104.9105.
Receipt. NRS 104.2103.
Sale. NRS 104.2106.
Sale on Approval. NRS 104.2326.
Sale of Return. NRS 104.2326.
Seller. NRS 104.2103.
4. In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 7. 1. A lease, although subject to this article, is also subject to any applicable:
(a) Statute of the United States;
(b) Certificate of title statute of this state, including any applicable provision of chapters 482, 488 and 489 of NRS;
(c) Certificate of title statute of another jurisdiction (section 8 of this act); or
(d) Consumer protection statute of this state, including any applicable provision of NRS 97.297, 97.299, 97.301 and 100.095 to 100.175, inclusive.
2. In case of conflict between the provisions of this article, other than section 8, subsection 3 of section 37 and subsection 3 of section 38 of this act, and any statute referred to in subsection 1, the provisions of that statute control.
3. Failure to comply with any applicable statute has only the effect specified therein.
Sec. 8. Subject to the provisions of subsection 3 of section 37 and subsection 3 of section 38 of this act, with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of:
1. Surrender of the certificate; or
2. Four months after the goods are removed from that jurisdiction,
and thereafter until a new certificate of title is issued by another jurisdiction.
Sec. 9. 1. If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable.
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2. If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
Sec. 10. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
Sec. 11. 1. If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
2. With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
3. Before making a finding of unconscionability under subsection 1 or 2, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the lease contract or a clause thereof, or of the conduct.
4. In an action in which the lessee claims unconscionability with respect to a consumer lease:
(a) If the court finds unconscionability under subsection 1 or 2, the court shall award reasonable attorneys fees to the lessee.
(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorneys fees to the party against whom the claim is made.
(c) In determining attorneys fees, the amount of the recovery on behalf of the claimant under subsections 1 and 2 is not controlling.
Sec. 12. 1. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral at will or when he deems himself insecure or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired.
2. With respect to a consumer lease, the burden of establishing good faith under subsection 1 is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
Sec. 13. 1. A lease contract is not enforceable by way of action or defense unless:
(a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or
(b) There is a writing, signed by the party against whom enforcement is sought or by that partys authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
κ1989 Statutes of Nevada, Page 345 (CHAPTER 166, AB 297)κ
2. Any description of leased goods or of the lease term is sufficient and satisfies paragraph (b) of subsection 1, whether or not it is specific, if it reasonably identifies what is described.
3. A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under paragraph (b) of subsection 1 beyond the lease term and the quantity of goods shown in the writing.
4. A lease contract that does not satisfy the requirements of subsection 1, but which is valid in other respects, is enforceable:
(a) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessors business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) If the party against whom enforcement is sought admits in that partys pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) With respect to goods that have been received and accepted by the lessee.
5. The least term under a lease contract referred to in subsection 4 is:
(a) If there is a writing signed by the party against whom enforcement is sought or by that partys authorized agent specifying the lease term, the term so specified;
(b) If the party against whom enforcement is sought admits in that partys pleading, testimony or otherwise in court a lease term, the term so admitted; or
(c) A reasonable lease term.
Sec. 14. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
1. By course of dealing or usage of trade or by course of performance; and
2. By evidence of consistent additional terms,
unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
Sec. 15. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
Sec. 16. 1. A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
2. An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.
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3. Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
Sec. 17. An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Sec. 18. 1. Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
2. If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Sec. 19. 1. If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement.
2. The express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade.
3. Subject to the provisions of section 20 of this act on modification and waiver, course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
Sec. 20. 1. An agreement modifying a lease contract needs no consideration to be binding.
2. A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
3. Although an attempt at modification or rescission does not satisfy the requirements of subsection 2, it may operate as a waiver.
4. A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Sec. 21. 1. The benefit of the suppliers promises to the lessor under the supply contract and of all warranties, whether express or implied, under the supply contract, extends to the lessee to the extent of the lessees leasehold interest under a finance lease related to the supply contract, but subject to the terms of the supply contract and all of the suppliers defenses or claims arising therefrom.
κ1989 Statutes of Nevada, Page 347 (CHAPTER 166, AB 297)κ
2. The extension of the benefit of the suppliers promises and warranties to the lessee (subsection 1) does not:
(a) Modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or
(b) Impose any duty or liability under the supply contract on the lessee.
3. Any modification or rescission of the supply contract by the supplier and the lessor is effective against the lessee unless, prior to the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the supply contract is modified or rescinded after the lessee enters the finance lease, the lessee has a cause of action against the lessor, and against the supplier if the supplier has notice of the lessees entering the finance lease when the supply contract is modified or rescinded. The lessees recovery from such action must put the lessee in as good a position as if the modification or rescission had not occurred.
Sec. 22. 1. Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
2. It is not necessary to the creation of an express warranty that the lessor use formal words, such as warrant or guarantee, or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessors opinion or commendation of the goods does not create a warranty.
Sec. 23. 1. There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessees enjoyment of its leasehold interest.
2. Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
3. A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
Sec. 24. 1. Except in finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
2. Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the description in the lease agreement;
κ1989 Statutes of Nevada, Page 348 (CHAPTER 166, AB 297)κ
(b) In the case of fungible goods, are of fair average quality within the description;
(c) Are fit for the ordinary purposes for which goods of that type are used;
(d) Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;
(e) Are adequately contained, packaged and labeled as the lease agreement may require; and
(f) Conform to any promises or affirmations of fact made on the container or label.
3. Other implied warranties may arise from course of dealing or usage of trade.
Sec. 25. Except in a finance lease, if the lessor at the time the lease contract is made has no reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessors skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
Sec. 26. 1. Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of section 14 of this act on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
2. Subject to subsection 3, to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability, be by a writing and be conspicuous. Subject to subsection 3, to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, There is no warranty that the goods will be fit for a particular purpose.
3. Notwithstanding subsection 2, but subject to subsection 4:
(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like as is, or with all faults, or by other language that in common understanding calls the lessees attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;
(b) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and
(c) An implied warranty may also be excluded or modified by course of dealing, course of performance or usage of trade.
4. To exclude or modify a warranty against interference or against infringement (section 23 of this act) or any part of it, the language must be specific, be by a writing and be conspicuous, unless the circumstances, including course of performance, course of dealing or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
κ1989 Statutes of Nevada, Page 349 (CHAPTER 166, AB 297)κ
Sec. 27. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
1. Exact or technical specifications displace an inconsistent sample or model or general language of description.
2. A sample from an existing bulk displaces inconsistent general language of description.
3. Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Sec. 28. A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessees home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified or limited, but an exclusion, modification or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section.
Sec. 29. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
1. When the lease contract is made if the lease contract is for a lease of goods that are existing and identified;
2. When the goods are shipped, marked or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or
3. When the young are conceived, if the lease contract is for a lease of unborn young of animals.
Sec. 30. 1. A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.
2. If a lessee has an insurable interest only by reason of the lessors identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.
3. Notwithstanding a lessees insurable interest under subsections 1 and 2, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.
4. Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
5. The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance.
Sec. 31. 1. Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
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2. Subject to the provisions of this article on the effect of default on risk of loss (section 32 of this act), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
(a) If the lease contract requires or authorizes the goods to be shipped by carrier and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier, but if it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessees right to possession of the goods.
(c) In any case not within paragraph (a) or (b), the risk of loss passes to the lessee on the lessees receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
Sec. 32. 1. Where risk of loss is to pass to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
2. Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
Sec. 33. If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or section 31 of this act, then:
1. If the loss is total, the lease contract is avoided; and
2. If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.
Sec. 34. Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.
Sec. 35. Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
κ1989 Statutes of Nevada, Page 351 (CHAPTER 166, AB 297)κ
notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
Sec. 36. 1. Any interest of a party under a lease contract and the lessors residual interest in the goods may be transferred unless:
(a) The transfer is voluntary and the lease contract prohibits the transfer; or
(b) The transfer materially changes the duty of or materially increases the burden or risk imposed on the other party to the lease contract, and within a reasonable time after notice of the transfer the other party demands that the transferee comply with subsection 2 and the transferee fails to comply.
2. Within a reasonable time after demand pursuant to paragraph (b) of subsection 1, the transferee shall:
(a) Cure or provide adequate assurance that he will promptly cure any default other than one arising from the transfer;
(b) Compensate or provide adequate assurance that he will promptly compensate the other party to the lease contract and any other person holding an interest in the lease contract, except the party whose interest is being transferred, for any loss to that party resulting from the transfer;
(c) Provide adequate assurance of future due performance under the lease contract; and
(d) Assume the lease contract.
3. Demand pursuant to paragraph (b) of subsection 1 is without prejudice to the other partys rights against the transferee and the party whose interest is transferred.
4. An assignment of the lease or of all my rights under the lease or an assignment in similar general terms is a transfer of rights, and unless the language or the circumstances, as in an assignment for security, indicate the contrary, the assignment is a delegation of duties by the assignor to the assignee and acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the lease contract.
5. Unless otherwise agreed by the lessor and lessee, no delegation of performance relieves the assignor as against the other party of any duty to perform or any liability for default.
6. A right to damages for default with respect to the whole lease contract or a right arising out of the assignors due performance of his entire obligation can be assigned despite agreement otherwise.
7. To prohibit the transfer of an interest of a party under a lease contract, the language of prohibition must be specific, by a writing and conspicuous.
Sec. 37. 1. Subject to the provisions of section 36 of this act, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection 2 of this section and subsection 4 of section 77 of this act, takes subject the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of purchase the lessor has that power even though:
κ1989 Statutes of Nevada, Page 352 (CHAPTER 166, AB 297)κ
(a) The lessors transferor was deceived as to the identity of the lessor;
(b) The delivery was in exchange for a check which is later dishonored;
(c) It was agreed that the transaction was to be a cash sale; or
(d) The delivery was procured through fraud punishable as larcenous under the criminal law.
2. A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee from that lessor before the interest of the subsequent lessee became enforceable against the lessor obtains, to the extent of the leasehold interest transferred, all of the lessors and the existing lessees rights to the goods, and takes free of the existing lease contract.
3. A subsequent lesee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Sec. 38. 1. Subject to the provisions of section 36 of this act, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in subsection 2 of this section and subsection 4 of section 61 of this act, takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has the power even though:
(a) The lessor was deceived as to the identity of the lessee;
(b) The delivery was in exchange for a check which is later dishonored; or
(c) The delivery was procured through fraud punishable as larcenous under the criminal law.
2. A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessors and lessees rights to the goods, and takes free of the existing lease contract.
3. A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Sec. 39. If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless the lien is created by statute and the statute provides otherwise or unless the lien is created by a rule of law and the rule of law provides otherwise.
Sec. 40. 1. Except as otherwise provided in section 39 of this act, a creditor of a lessee takes subject to the lease contract.
κ1989 Statutes of Nevada, Page 353 (CHAPTER 166, AB 297)κ
2. Except as otherwise provided in subsections 3 and 4 of this section and in sections 39 and 41 of this act, a creditor of a lessor takes subject to the lease contract:
(a) Unless the creditor holds a lien that attached to the goods before the lease contract became enforceable; or
(b) Unless the creditor holds a security interest in the goods that under the article on secured transactions (article 9) would have priority over any other security interest in the goods perfected by a filing covering the goods and made at the time the lease contract became enforceable, whether or not any other security interest existed.
3. A lessee in the ordinary course of business takes the leasehold interest free of a security interest in the goods created by the lessor even though the security interest is perfected and the lessee knows of its existence.
4. A lessee other than a lessee in the ordinary course of business takes the leasehold interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than 45 days after the lease contract becomes enforceable, whichever first occurs, unless the future advances are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
Sec. 41. 1. A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.
2. Nothing in this article impairs the rights of creditors of a lessor if the lease contract:
(a) Becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like; and
(b) Is made under circumstances which under any statute or rule of law apart from this article would constitute the transaction a fraudulent transfer or voidable preference.
3. A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
Sec. 42. 1. In this section:
(a) Goods are fixtures when they become so related to particular real estate than an interest in them arises under real estate law;
(b) A fixture filing is the filing, in the office where a mortgage on the real estate would be recorded or registered, of a financing statement concerning goods that are or are to become fixtures and conforming to the requirements of subsection 5 of NRS 104.9402;
(c) A lease is a purchase money lease unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable;
κ1989 Statutes of Nevada, Page 354 (CHAPTER 166, AB 297)κ
(d) A mortgage is a construction mortgage to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates; and
(e) Encumbrance includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
2. Under this article a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this article of ordinary building materials incorporated into an improvement on land.
3. This article does not prevent creation of a least of fixtures pursuant to real estate law.
4. The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if:
(a) The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within 10 days thereafter, and the lessee has an interest of record in the real estate or is in possession of the real estate; or
(b) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessors interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate.
5. The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if:
(a) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract is enforceable; or
(b) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable; or
(c) The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or
(d) The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessees right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.
6. Notwithstanding paragraph (a) of subsection 4 but otherwise subject to subsections 4 and 5, the interest of a lessor of fixtures is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage.
7. In cases not within the preceding subsections, priority between the interest of a lessor of fixtures and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate.
κ1989 Statutes of Nevada, Page 355 (CHAPTER 166, AB 297)κ
8. If the interest of a lessor has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may:
(a) On default, expiration, termination or cancellation of the lease agreement by the other party but subject to the provisions of the lease agreement and this article; or
(b) If necessary to enforce his other rights and remedies under this article, remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but he must reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
9. Even though the lease agreement does not create a security interest, the interest of a lessor of fixtures is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the relevant provisions of the article on secured transactions (article 9).
Sec. 43. 1. Goods are accessions when they are installed in or affixed to other goods.
2. The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection 4.
3. The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection 4 but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
4. The interest of a lessor or a lessee under a lease contract described in subsection 2 or 3 is subordinate to the interest of:
(a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
(b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
5. When under subsections 2 or 3 and 4 a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may:
(a) On default, expiration, termination or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this article; or
(b) If necessary to enforce his other rights and remedies under this article, remove the goods from the whole, free and clear of all interests in the whole, but he must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them.
κ1989 Statutes of Nevada, Page 356 (CHAPTER 166, AB 297)κ
injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
Sec. 44. 1. A lease contract imposes an obligation on each party that the others expectation of receiving due performance will not be impaired.
2. If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he has not already received the agreed return.
3. A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party.
4. Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
5. Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved partys right to demand adequate assurance of future performance.
Sec. 45. If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:
1. For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;
2. Make demand pursuant to section 44 of this act and await assurance of future performance adequate under the circumstances of the particular case; or
3. Resort to any right or remedy upon default under the lease contract or this article, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating partys performance and assurance and has urged retraction.
In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this article on the lessors right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (section 74 of this act).
Sec. 46. 1. Until the repudiating partys next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled the lease contract or materially changed the aggrieved partys position or otherwise indicated that the aggrieved party considers the repudiation final.
2. Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under section 44 of this act.
κ1989 Statutes of Nevada, Page 357 (CHAPTER 166, AB 297)κ
3. Retraction reinstates a repudiating partys rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Sec. 47. 1. If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.
2. If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:
(a) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and
(b) If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessees obligation unless the regulation is discriminatory, oppressive or predatory.
Sec. 48. Subject to section 47 of this act on substituted performance, the following rules apply:
1. Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subsections 2 and 3 is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
2. If the causes mentioned in subsection 1 affect only a part of the lessors or the suppliers capacity to perform, he shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract for sale or lease as well as his own requirements for further manufacture. He may so allocate in any manner that is fair and reasonable.
3. The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under subsection 2, of the estimated quota thus made available for the lessee.
Sec. 49. 1. If the lessee receives notification of a material or indefinite delay or an allocation justified under section 48 of this act, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (section 60 of this act):
(a) Terminate the lease contract (subsection 2 of section 55 of this act); or
(b) Except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
2. If, after receipt of a notification from the lessor under section 48 of this act, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.
κ1989 Statutes of Nevada, Page 358 (CHAPTER 166, AB 297)κ
Sec. 50. 1. In the case of a finance lease that is not a consumer lease the lessees promises under the lease contract become irrevocable and independent upon the lessees acceptance of the goods.
2. A promise that has become irrevocable and independent under subsection 1:
(a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and
(b) Is not subject to cancellation, termination, modification, repudiation, excuse or substitution without the consent of the party to whom the promise runs.
Sec. 51. 1. Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article.
2. If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this article, as provided in the lease agreement.
3. If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the partys claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including an administrative proceeding, arbitration or the like, in accordance with this article.
4. Except as otherwise provided in this article or the lease agreement, the rights and remedies referred to in subsections 2 and 3 are cumulative.
5. If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this part as to the goods, or under other applicable law as to both the real property and the goods in accordance with his rights and remedies in respect of the real property, in which case this part does not apply.
Sec. 52. Except as otherwise provided in this article or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.
Sec. 53. 1. Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article.
2. Resort to a remedy provided under this article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this article.
3. Consequential damages may be liquidated under section 54 of this act, or may otherwise be limited, altered or excluded unless the limitation, alteration or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
4. Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this article.
κ1989 Statutes of Nevada, Page 359 (CHAPTER 166, AB 297)κ
Sec. 54. 1. Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to a lessors residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.
2. If the lease agreement provides for liquidation of damages, and such provisions does not comply with subsection 1, or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this article.
3. If the lessor justifiably withholds or stops delivery of goods because of the lessees default or insolvency (section 75 or 76 of this act), the lessee is entitled to restitution of any amount by which the sum of his payments exceeds:
(a) The amount to which the lessor is entitled by virtue of terms liquidating the lessors damages in accordance with subsection 1; or
(b) In the absence of those terms, 20 percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500.
4. A lessees right to restitution under subsection 3 is subject to offset to the extent the lessor establishes:
(a) A right to recover damages under the provisions of this article other than subsection 1; and
(b) The amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.
Sec. 55. 1. On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease contract or any unperformed balance.
2. On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.
3. Unless the contrary intention clearly appears, expressions of cancellation. rescission or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.
4. Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this article for default.
5. Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.
Sec. 56. 1. An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. In a lease that is not a consumer lease, by the original lease contract the parties may reduce the period of limitation to not less than one year.
2. A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.
κ1989 Statutes of Nevada, Page 360 (CHAPTER 166, AB 297)κ
claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.
3. If an action commenced within the time limited by subsection 1 is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
4. This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before October 1, 1989.
Sec. 57. 1. Damages based on market rent (section 69 or 78 of this act) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the time of the default.
2. If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this article is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.
3. Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this article offered by one party is not admissible unless and until he has given the other party notice the court finds sufficient to prevent unfair surprise.
4. If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
Sec. 58. 1. If a lessor fails to deliver the goods in conformity to the lease contract (section 59 of this act) or repudiates the lease contract (section 45 of this act), or a lessee rightfully rejects the goods (section 59 of this act) or justifiably revokes acceptance of the goods (section 67 of this act), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (section 60 of this act), the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (subsection 1 of section 55 of this act);
(b) Recover so much of the rent and security as has been paid, but in the case of an installment lease contract the recovery is that which is just under the circumstances; and
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (sections 68 and 70 of this act), or recover damages for nondelivery (sections 69 and 70 of this act).
κ1989 Statutes of Nevada, Page 361 (CHAPTER 166, AB 297)κ
2. If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (section 72 of this act); or
(b) In a proper case, obtain specific performance or replevy the goods (section 71 of this act).
3. If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and remedies provided in the lease contract and this article.
4. If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection 4 of section 69 of this act).
5. On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessees possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of subsection 5 of section 77 of this act.
6. Subject to the provisions of section 50 of this act, a lessee, on notifying the lessor of the lessees intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
Sec. 59. 1. Subject to the provisions of section 60 of this act on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.
2. Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.
Sec. 60. 1. Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection 2 and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.
2. Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole there is a default with respect to the whole. But, the aggrieved party reinstates the installment contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.
Sec. 61. 1. Subject to any security interest of a lessee (subsection 5 of section 58 of this act), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions a merchant lessee shall make reasonable efforts to sell, lease or otherwise dispose of the goods for the lessors account if they threaten to decline in value speedily.
κ1989 Statutes of Nevada, Page 362 (CHAPTER 166, AB 297)κ
threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.
2. If a merchant lessee (subsection 1) or any other lessee (section 62 of this act) disposes of goods, he is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.
3. In complying with this section or section 62 of this act, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.
4. A purchaser who purchases in good faith from a lessee pursuant to this section or section 62 of this act takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this article.
Sec. 62. 1. Except as otherwise provided with respect to goods that threaten to decline in value speedily (section 61 of this act) and subject to any security interest of a lessee (subsection 5 of section 58 of this act):
(a) The lessee, after rejection of goods in the lessees possession, shall hold them with reasonable care at the lessors or suppliers disposition for a reasonable time after the lessees seasonable notification of rejection;
(b) If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessors or the suppliers account or ship them to the lessor or the supplier or dispose of them for the lessors or the suppliers account with reimbursement in the manner provided in section 61 of this act; but
(c) The lessee has no further obligations with regard to goods rightfully rejected.
2. Action by the lessee pursuant to subsection 1 is not acceptance or conversion.
Sec. 63. 1. If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessors or the suppliers intention to cure and may then make a conforming delivery within the time provided in the lease contract.
2. If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee.
Sec. 64. 1. In rejecting goods, a lessees failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:
(a) If, stated seasonably, the lessor or the supplier could have cured it (section 63 of this act); or
(b) Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
κ1989 Statutes of Nevada, Page 363 (CHAPTER 166, AB 297)κ
2. A lessees failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent on the face of the documents.
Sec. 65. 1. Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:
(a) The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or
(b) The lessee fails to make an effective rejection of the goods (subsection 2 of section 59 of this act).
2. Acceptance of a part of any commercial unit is acceptance of that entire unit.
Sec. 66. 1. A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
2. A lessees acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this article or the lease agreement for nonconformity.
3. If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, or be barred from any remedy;
(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (section 23 of this act) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and
(c) The burden is on the lessee to establish any default.
4. If a lessee is sued for breach of warranty or other obligation for which a lessor or a supplier is answerable over:
(a) The lessee may give the lessor or the supplier written notice of the litigation. If the notice states that the lessor or the supplier may come in and defend and that if the lessor or the supplier does not do so he will be bound in any action against him by the lessee by any determination of fact common to the two litigations, then unless the lessor or the supplier after seasonable receipt of the notice does come in and defend he is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement of the like (section 23 of this act) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
κ1989 Statutes of Nevada, Page 364 (CHAPTER 166, AB 297)κ
5. The provisions of subsections 3 and 4 apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (section 23 of this act).
Sec. 67. 1. A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if he has accepted it:
(a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) Without discovery of the nonconformity if the lessees acceptance was reasonably induced either by the lessors assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
2. Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
3. A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
Sec. 68. 1. After default by a lessor under the lease contract (subsection 1 of section 58 of this act), the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
2. Except as otherwise provided with respect to damages liquidated in the lease agreement (section 54 of this act) or determined by agreement of the parties (subsection 3 of NRS 104.1102), if a lessees cover is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages:
(a) The present value, as of the date of default, of the difference between the total rent for the lease term of the new lease agreement and the total rent for the remaining lease term of the original lease agreement; and
(b) Any incidental or consequential damages less expenses saved in consequence of the lessors default.
3. If a lessees cover is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and section 69 of this act governs.
Sec. 69. 1. Except as otherwise provided with respect to damages liquidated in the lease agreement (section 54 of this act) or determined by agreement of the parties (subsection 3 of NRS 104.1102), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under subsection 2 of section 68 of this act, or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value as of the date of the default of the difference between the then market rent and the original rent, computed for the remaining lease term of the original lease agreement together with incidental and consequential damages, less expenses saved in consequence of the lessors default.
κ1989 Statutes of Nevada, Page 365 (CHAPTER 166, AB 297)κ
2. Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
3. If the lessee has accepted goods and given notification (subsection 3 of section 66 of this act), the measure of damages for nonconforming tender or delivery by a lessor is the loss resulting in the ordinary course of events from the lessors default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessors default.
4. The measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessors default or breach of warranty.
Sec. 70. 1. Incidental damages resulting from a lessors default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.
2. Consequential damages resulting from a lessors default include:
(a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting from any breach of warranty.
Sec. 71. 1. Specific performance may be decreed if the goods are unique or in other proper circumstances.
2. A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court deems just.
3. A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
Sec. 72. 1. Subject to subsection 2 and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (section 29 of this act) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security.
2. A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
Sec. 73. 1. If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment least contract the value of the whole lease contract is substantially impaired (section 60 of this act), the lessee is in default under the lease contract and the lessor may:
κ1989 Statutes of Nevada, Page 366 (CHAPTER 166, AB 297)κ
contract is substantially impaired (section 60 of this act), the lessee is in default under the lease contract and the lessor may:
(a) Cancel the lease contract (subsection 1 of section 55 of this act);
(b) Proceed respecting goods not identified to the lease contract (section 74 of this act);
(c) Withhold delivery of the goods and take possession of goods previously delivered (section 75 of this act);
(d) Stop delivery of the goods by and bailee (section 76 of this act); and
(e) Dispose of the goods and recover damages (section 77 of this act), or retain the goods and recover damages (section 78 of this act), or in a proper case recover rent (section 79 of this act).
2. If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and remedies provided in the lease contract and this article.
Sec. 74. 1. A lessor aggrieved under subsection 1 of section 73 of this act may:
(a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessors or the suppliers possession or control; and
(b) Dispose of goods (subsection 1 of section 77 of this act) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.
2. If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
Sec. 75. 1. If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
2. The lessor has on default by the lessee under the lease contract the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessees premises (section 77 of this act).
3. The lessor may proceed under subsection 2 without judicial process if that can be done without breach of the peace or the lessor may proceed by action.
Sec. 76. 1. A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
2. In pursuing its remedies under subsection 1, the lessor may stop delivery until:
κ1989 Statutes of Nevada, Page 367 (CHAPTER 166, AB 297)κ
(a) Receipt of the goods by the lessee;
(b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or
(c) Such an acknowledgment to the lessee by a carrier via reshipment or as warehouseman.
3. (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
Sec. 77. 1. After a default by a lessee under the lease contract (subsection 1 of section 73 of this act) or after the lessor refuses to deliver or takes possession of goods (section 75 or 76 of this act), the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
2. Except as otherwise provided with respect to damages liquidated in the lease agreement (section 54 of this act) or determined by agreement of the parties (subsection 3 of NRS 104.1102), if the disposition is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages:
(a) Accrued and unpaid rent as of the date of default;
(b) The present value as of the date of default of the difference between the total rent for the remaining lease term of the original lease agreement and the total rent for the lease term of the new lease agreement; and
(c) Any incidental damages allowed under section 80 of this act,
less expenses saved in consequence of the lessees default.
3. If the lessors disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and section 78 of this act governs.
4. A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this article.
5. The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessees security interest (subsection 5 of section 58 of this act).
Sec. 78. 1. Except as otherwise provided with respect to damages liquidated in the lease agreement (section 54 of this act) or determined by agreement of the parties (subsection 3 of NRS 104.1102), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2 of section 77 of this act, or is by sale or otherwise, the lessor may recover from the lessee as damages for nonacceptance or repudiation by the lessee:
κ1989 Statutes of Nevada, Page 368 (CHAPTER 166, AB 297)κ
(a) Accrued and unpaid rent as of the date of default;
(b) The present value as of the date of default of the difference between the total rent for the remaining lease term of the original lease agreement and the market rent at the time and place for tender computed for the same lease term; and
(c) Any incidental damages allowed under section 80 of this act,
less expenses saved in consequence of the lessees default.
2. If the measure of damages provided in subsection 1 is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section 80 of this act, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
Sec. 79. 1. After default by the lessee under the lease contract (subsection 1 of section 73 of this act), if the lessor complies with subsection 2, the lessor may recover from the lessee as damages:
(a) For goods accepted by the lessee and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (section 31 of this act):
(1) Accrued and unpaid rent as of the date of default;
(2) The present value as of the date of default of the rent for the remaining lease term of the lease agreement; and
(3) Any incidental damages allowed under section 80 of this act,
less expenses saved in consequence of the lessees default; and
(b) For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing:
(1) Accrued and unpaid rent as of the date of default;
(2) The present value as of the date of default of the rent for the remaining lease term of the lease agreement; and
(3) Any incidental damages allowed under section 80 of this act,
less expenses saved in consequence of the lessees default.
2. Except as provided in subsection 3, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessors control.
3. The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection 1. If the disposition is before the end of the remaining lease term of the lease agreement, the lessors recovery against the lessee for damages will be governed by section 77 or 78 of this act.
4. Payment of the judgment for damages obtained pursuant to subsection 1 entitles the lessee to use and possession of the goods not then disposed of for the remaining lease term of the lease agreement.
5. After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due, or has repudiated (section 45 of this act), a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under sections 77 and 78 of this act.
Sec. 80. Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessees default, in connection with return or disposition of the goods, or otherwise resulting from the default.
κ1989 Statutes of Nevada, Page 369 (CHAPTER 166, AB 297)κ
delivery, in the transportation, care and custody of goods after the lessees default, in connection with return or disposition of the goods, or otherwise resulting from the default.
Sec. 81. 1. If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract:
(a) The lessor has a right of action against the third party; and
(b) The lessee also has a right of action against the third party if the lessee:
(1) Has a security interest in the goods;
(2) Has an insurable interest in the goods; or
(3) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
2. If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract.
3. Either party with the consent of the other may sue for the benefit of whom it may concern.
Sec. 82. NRS 104.1101 is hereby amended to read as follows:
104.1101 This chapter , together with sections 2 to 81, inclusive, of this act, shall be known and may be cited as Uniform Commercial Code.
Sec. 83. NRS 104.1105 is hereby amended to read as follows:
104.1105 1. Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this chapter applies to transactions bearing an appropriate relation to this state.
2. Where one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. NRS 104.2402.
Applicability of the article on leases. Sections 8 and 9 of this act.
Applicability of the article on bank deposits and collections. NRS 104.4102.
Bulk transfers subject to the article on bulk transfers. NRS 104.6102.
Applicability of the article on investment securities. NRS 104.8106.
Perfection provisions of the article on secured transactions. NRS 104.9103.
Sec. 84. NRS 104.1201 is hereby amended to read as follows:
104.1201 Subject to additional definitions contained in the subsequent articles of this chapter which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this chapter:
1. Action in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity and any other proceedings in which rights are determined.
κ1989 Statutes of Nevada, Page 370 (CHAPTER 166, AB 297)κ
2. Aggrieved party means a party entitled to a remedy.
3. Agreement means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter (NRS 104.1205 and 104.2208). Whether an agreement has legal consequences is determined by the provisions of this chapter, if applicable; otherwise by the law of contracts (NRS 104.1103). (Compare contract.)
4. Bank means any person engaged in the business of banking.
5. Bearer means the person in possession of an instrument, document of title, or security payable to bearer or endorsed in blank.
6. Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. Airbill means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.
7. Branch includes a separately incorporated foreign branch of a bank.
8. Burden of establishing a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.
9. Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons in the business of selling goods of that kind. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
10. A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: NONNEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is conspicuous if it is in larger or other contrasting type or color. But in a telegram any stated term is conspicuous. Whether a term or clause is conspicuous or not is for decision by the court.
11. Contract means the total legal obligation which results from the parties agreement as affected by this chapter and any other applicable rules of law. (Compare agreement.)
12. Creditor includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtors or assignors estate.
13. Defendant includes a person in the position of defendant in a cross-action or counterclaim.
14. Delivery with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession.
κ1989 Statutes of Nevada, Page 371 (CHAPTER 166, AB 297)κ
15. Document of title includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailees possession which are either identified or are fungible portions of an identified mass.
16. Fault means wrongful act, omission or breach.
17. Fungible with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this chapter to the extent that under a particular agreement or document unlike units are treated as equivalents.
18. Genuine means free of forgery or counterfeiting.
19. Good faith means honesty in fact in the conduct or transaction concerned.
20. Holder means a person who is in possession of a document of title or an instrument or an investment security drawn, issued or endorsed to him or to his order or to bearer or in blank.
21. To honor is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit.
22. Insolvency proceedings includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved.
23. A person is insolvent who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law.
24. Money means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency.
25. A person has notice of a fact when:
(a) He has actual knowledge of it;
(b) He has received a notice or notification of it; or
(c) From all the facts and circumstances known to him at the time in question he has reason to know that it exists.
A person knows or has knowledge of a fact when he has actual knowledge of it. Discover or learn or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this chapter.
26. A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person receives a notice or notification when:
(a) It comes to his attention; or
(b) It is delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications.
κ1989 Statutes of Nevada, Page 372 (CHAPTER 166, AB 297)κ
27. Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the person conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require a person acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.
28. Organization includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
29. Party, as distinct from third party, means a person who has engaged in a transaction or made an agreement within this chapter.
30. Presumption or presumed means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.
31. Purchase includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift or any other voluntary transaction creating an interest in property.
32. Purchaser means a person who takes by purchase.
33. Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.
34. Representative includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another.
35. Rights includes remedies.
36. Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (NRS 104.2401) is limited in effect to a reservation of a security interest. The term also includes any interest of a buyer of accounts or chattel paper which is subject to article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under NRS 104.2401 is not a security interest, but a buyer may also acquire a security interest by complying with article 9. Unless a [lease or] consignment is intended as security, reservation of title thereunder is not a security interest but a consignment is in any event subject to the provisions on consignment sales (NRS 104.2326). Whether a [lease is intended as security is to be] transaction creates a lease or security interest is determined by the facts of each case; however [:
(a) The inclusion of an option to purchase does not of itself make the lease one intended for security; and
(b) An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security.]
κ1989 Statutes of Nevada, Page 373 (CHAPTER 166, AB 297)κ
lease one intended for security.] , a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and:
(a) The original term of the lease is equal to or greater than the remaining economic life of the goods;
(b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;
(c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or
(d) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement.
37. A transaction does not create a security interest merely because it provides that:
(a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;
(b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording or registration fees, or service or maintenance costs with respect to the goods;
(c) The lessee has an option to renew the lease or to become the owner of the goods;
(d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or
(e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.
38. For the purposes of this subsection and subsections 36 and 37:
(a) Additional consideration is not nominal if:
(1) When the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or
(2) When the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed.
Additional consideration is nominal if it is less than the lessees reasonably predictable cost of performing under the lease agreement if the option is not exercised.
(b) Reasonably predictable and remaining economic life of the goods are to be determined with reference to the facts and circumstances at the time the transaction is entered into.
(c) Present value means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
κ1989 Statutes of Nevada, Page 374 (CHAPTER 166, AB 297)κ
manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
[37.] 39. Send in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending.
[38.] 40. Signed includes any symbol executed or adopted by a party with present intention to authenticate a writing.
[39.] 41. Surety includes guarantor.
[40.] 42. Telegram includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like.
[41.] 43. Term means that portion of an agreement which relates to a particular matter.
[42.] 44. Unauthorized signature or endorsement means one made without actual, implied or apparent authority and includes a forgery.
[43.] 45. Except as otherwise provided with respect to negotiable instruments and bank collections (NRS 104.3303, 104.4208 and 104.4209) a person gives value for rights if he acquires them:
(a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(b) As security for or in total or partial satisfaction of a preexisting claim;
(c) By accepting delivery pursuant to a preexisting contract for purchase; of
(d) Generally, in return for any consideration sufficient to support a simple contract.
[44.] 46. Warehouse receipt means a receipt issued by a person engaged in the business of storing goods for hire.
[45.] 47. Written or writing includes printing, typewriting or any other intentional reduction to tangible form.
Sec. 85. NRS 104.9113 is hereby amended to read as follows:
104.9113 A security interest arising solely under the article on sales (article 2) or the article on leases (article 2A) is subject to the provisions of this article except that to the extent that and so long as the debtor does not have or does not lawfully obtain possession of the goods:
1. No security agreement is necessary to make the security interest enforceable; and
2. No filing is required to perfect the security interest; and
3. The rights of the secured party on default by the debtor are governed [by] :
(a) By the article on sales (article 2) [.] in the case of a security interest arising solely under such article; or
(b) By the article on leases (article 2A) in the case of a security interest arising solely under such article.
κ1989 Statutes of Nevada, Page 375 (CHAPTER 166, AB 297)κ
Sec. 86. NRS 104.9408 is hereby amended to read as follows:
104.9408 A consignor or lessor of goods may file a financing statement using the terms consignor, consignee, lessor, lessee or the like instead of the terms specified in NRS 104.9402. The provisions of this part shall apply as appropriate to such a financing statement but its filing shall not of itself be a factor in determining whether or not the consignment or lease is intended as security [(subsection)] (subsections 36, 37 and 38 of NRS 104.1201). However, if it is determined for other reasons that the consignment or lease is so intended, a security interest of the consignor or lessor which attaches to the consigned or leased goods is perfected by such filing.
________
Senate Bill No. 276Committee on Judiciary
CHAPTER 167
AN ACT relating to unclaimed property; creating an exception to the period of limitation prescribed for the commencement of certain proceedings; authorizing the waiver of penalties under certain circumstances; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 120A.150 is hereby amended to read as follows:
120A.150 1. The expiration, before or after January 1, 1980, of any period specified by contract, statute or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.
2. [No] Except as otherwise provided in this subsection, no action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than 10 years after the duty arose. The provisions of this subsection do not apply to any action or proceeding against a state or the Federal Government, or any agency or entity thereof.
Sec. 2. NRS 120A.450 is hereby amended to read as follows:
120A.450 [In]
1. Except as otherwise provided in subsection 2, in addition to any penalties for which he may be liable, any person who fails to report or to pay or deliver abandoned property within the time prescribed by this chapter shall pay to the division interest at the rate of 18 percent per annum on the money or the value of other property from the date on which the property should have been paid or delivered.
2. The administrator may waive any right to the payment of interest pursuant to this section if:
κ1989 Statutes of Nevada, Page 376 (CHAPTER 167, SB 276)κ
(a) The person otherwise obligated to make payment files with the division a verified statement of the facts, showing that his failure to report or to make payment or delivery was not willful or negligent but occurred because of circumstances beyond his control; and
(b) The administrator so finds.
Sec. 3. The amendatory provisions of section 1 of this act apply to any action or proceeding relating to property held or owning on or after the effective date of this act, regardless of the date on which the property is presumed abandoned.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 165Assemblymen DuBois, Kerns, Sedway, Nevin, Bogaert, Marvel, Gibbons, Regan, Fay, Sader, Kissam, Myrna Williams, Garner, Schofield, Gaston and Carpenter
CHAPTER 168
AN ACT relating to the testing of body fluids; requiring convicted sex offenders to submit to certain testing of their blood and saliva; requiring the central repository for Nevada records of criminal history to collect, maintain and arrange the results of those tests; permitting under certain circumstances the results of certain chemical tests to be received in evidence; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When a defendant is convicted of a sexual offense, the court, by order, shall direct the defendant to submit to a blood and saliva test, to be made by qualified persons, under such restrictions and directions as the court deems proper. The tests must include analyses of his blood to determine its genetic markers and of his saliva to determine its secretor status. The court shall order that the results of the tests be submitted to the central repository for Nevada records of criminal history.
2. For the purposes of this section, sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Use of a minor in producing pornography pursuant to NRS 200.710;
(d) Promotion of a sexual performance of a minor pursuant to NRS 200.720;
(e) Incest pursuant to NRS 201.180; or
(f) Lewdness with a child pursuant to NRS 201.230.
Sec. 2. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
κ1989 Statutes of Nevada, Page 377 (CHAPTER 168, AB 165)κ
2. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects , and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division through an electronic network or on a media of magnetic storage within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
3. The division shall:
(a) Collect, maintain and arrange all information submitted to it relating to [sexual] :
(1) Sexual offenses and other records of criminal history [submitted to it; and] ; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) Use a record of the subjects fingerprints as the basis for any records maintained regarding him.
4. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
Sec. 3. NRS 56.020 is hereby amended to read as follows:
56.020 1. Whenever it is relevant in a civil or criminal action to determine the parentage or identity of any person or corpse, the court, by order, may direct any party to the action and the person involved in the controversy to submit to one or more blood or saliva tests, to be made by [qualified physicians or other] qualified persons, under such restrictions and directions as the court [or judge] deems proper. [Whenever such] The tests may include analysis of a persons blood to determine its genetic markers and of a persons saliva to determine its secretor status.
2. Whenever a test is ordered and made, the results [thereof] of the test may be received in evidence. The order for the [blood] tests also may direct that the testimony of the experts and of the persons so examined may be taken by deposition. The opinion of any expert concerning results of blood tests may be weighted in accordance with evidence, if available, of the statistical probability of the alleged blood relationship. The court shall determine how and by whom the costs of the examination must be paid.
________
κ1989 Statutes of Nevada, Page 378κ
Assembly Bill No. 498Committee on Judiciary
CHAPTER 169
AN ACT relating to the justices courts; providing, in certain cases, for the appointment of a referee by a justice of the peace in certain townships; clarifying the provisions governing the fee to be charged by a justice of the peace for the filing and processing of a bail bond; increasing the fee; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A justice of the peace in a township whose population is 100,000 or more may appoint a referee to take testimony and recommend orders and a judgment:
(a) In any action filed pursuant to NRS 73.010;
(b) In any action for a misdemeanor constituting a violation of chapter 484 of NRS, except NRS 484.379 and 484.3795; or
(c) In any action for a misdemeanor constituting a violation of a county traffic ordinance.
2, The referee must meet the qualifications of a justice of the peace as set forth in subsections 1 and 2 of NRS 4.010.
3. The referee:
(a) Shall take testimony;
(b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;
(c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and
(d) Has any other power or duty contained in the order of reference issued by the justice of the peace.
4. The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.
5. A referee must be paid one-half of the hourly compensation of a justice of the peace.
Sec. 2. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced [under] pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
κ1989 Statutes of Nevada, Page 379 (CHAPTER 169, AB 498)κ
If the sum claimed does not exceed $1,000...................................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500..................... 35.00
In all other civil actions............................................................................................ 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced [under] pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500............................................................ 10.00
If the sum claimed exceeds $500........................................................................... 20.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions....................................................................................................... 10.00
For every additional defendant, appearing separately......................................... 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued [under] pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention........................................................ 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court.................................. 5.00
(g) For filing a notice of appeal, and appeal bonds........................................... 10.00
One charge only made be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court................................................................................................................................... 10.00
(i) For preparation and transmittal of transcript and papers on appeal......... 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder 20.00
(k) For entering judgment by confession................................................................ 5.00
(l) For preparing any copy of any record, proceeding or paper, for each page .25
(m) For each certificate of the clerk, under the seal of the court............. ......... 2.00
(n) For searching records or files in his office, for each year.............................. 1.00
(o) For filing [bail bondsmans power of attorney............................................. 10.00
(p) For filing bond satisfaction or forfeiture....................................................... 10.00]
and processing each bail or property bond............................................................... 20.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
________
κ1989 Statutes of Nevada, Page 380κ
Assembly Bill No. 270Assemblymen Kissam, Brookman and Lambert
CHAPTER 170
AN ACT relating to community property; allowing the division of community income, assets and obligations of a husband and wife by written agreement if one spouse enters a facility for skilled nursing or a facility for intermediate care; and providing other matters properly relating thereto.
[Approved May 18, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 123.220 is hereby amended to read as follows:
123.220 All property, other than that stated in NRS 123.130, acquired after marriage by either husband or wife, or both, is community property unless otherwise provided by:
1. An agreement in writing between the spouses, which is effective only as between them.
2. A decree of separate maintenance issued by a court of competent jurisdiction.
3. NRS 123.190.
4. A decree issued or agreement in writing entered pursuant to NRS 123.259.
Sec. 2. NRS 123.259 is hereby amended to read as follows:
123.259 1. [Except as otherwise provided in subsection 2, a] A court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree [equally] dividing the community income, assets [, excluding income,] and obligations of a husband and wife into the separate income, assets and obligations of the spouses, if the petitioner shows that it is in the best interest of both spouses that a division of the income or property be made, and:
(a) One spouse has been admitted to a facility for skilled nursing or facility for intermediate care; [and
(b) It is in the best interest of both spouses that a division of the property be made.
2. The court shall not divide any community asset the basis of which is income from property owned by the spouses.]
(b) The treating physician of the spouse who is to be admitted to a facility for skilled nursing or facility for intermediate care has issued an opinion, in writing, that it is imminent that the spouse will be so admitted; or
(c) A division of the income or property would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.
2. A person may enter into a written agreement with his spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is admitted to a facility for skilled nursing or a facility for intermediate care or a division of the income or property would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.
3. Upon the entrance of such a decree, or at the time such an agreement becomes effective, the separate income or property of each spouse is not liable for the costs of supporting the other spouse, including the costs of the necessities of life or medical care.
κ1989 Statutes of Nevada, Page 381 (CHAPTER 170, AB 270)κ
for the costs of supporting the other spouse, including the costs of the necessities of life or medical care.
4. An agreement or decree entered into pursuant to this section may not be binding on the welfare division of the department of human resources in making determinations under the state plan for assistance to the medically indigent.
Sec. 3. NRS 422.2933 is hereby repealed.
________
Assembly Bill No. 530Committee on Health and Welfare
CHAPTER 171
AN ACT relating to county coroners; clarifying the authority of a county coroner to disinter, remove and transport human remains without obtaining a permit from the local health officer; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.045 is hereby amended to read as follows:
451.045 1. Except as otherwise provided in NRS 451.050, the local health officer may issue a permit for the disinterment or removal of human remains. [Such permit shall] The permit must indicate the name of the cemetery, mausoleum, columbarium or other place of burial where [such] the remains will be interred, inurned or buried.
2. [A] Except as otherwise provided in subsection 4, a person in charge of a cemetery, mausoleum, columbarium or other place of burial shall not disinter or remove or permit disinterment or removal of [such] human remains unless he has received a copy of such a permit.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
4. A county coroner is not required to obtain a permit from the local health officer for the disinterment, removal or transportation of human remains while carrying out his duties as the county coroner.
________
κ1989 Statutes of Nevada, Page 382κ
Assembly Bill No. 500Committee on Judiciary
CHAPTER 172
AN ACT relating to unclaimed property; requiring a law enforcement agency to notify the owner of property which was stolen or embezzled of the location of the property and the method by which it can be obtained; authorizing the sheriff of a metropolitan police department to accept any net proceeds from the disposition of certain unclaimed property; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.165 is hereby amended to read as follows:
179.165 1. A law enforcement agency which has custody of property that has been stolen or embezzled shall, if the agency knows or can reasonably discover the name and address of the owner, notify the owner by letter of the location of the property and the method by which the owner may claim it.
2. The notice must be mailed by certified or registered mail:
(a) Upon the conviction of the person who committed the offense;
(b) Upon the decision of the police or district attorney not to pursue or prosecute the case; or
(c) When the case is otherwise terminated.
3. If the property stolen or embezzled is not claimed by the owner before the expiration of 6 months [from the conviction of a person for stealing or embezzling it,] after the date the notice is mailed or, if no notice is required, after the date notice would have been sent if it were required, the magistrate or other officer having it in custody shall, except as otherwise provided in this subsection, on payment of the necessary expenses incurred for its preservation, deliver it to the county treasurer, who shall dispose of [such] the property as provided in subsection [2.
2. Upon receipt of the stolen or embezzled property,]
4. If a metropolitan police department which is organized pursuant to chapter 280 of NRS has custody of the property, the sheriff of the department may deliver it to the county treasurer and accept the net proceeds, if any, from the disposition of the property pursuant to subsection 4 in lieu of the payment of expenses incurred for the propertys preservation.
5. Upon receiving stolen or embezzled property pursuant to this section, the county treasurer shall petition the district court for an order authorizing him to:
(a) Conduct an auction for the disposal of salable property;
(b) Dispose of property not deemed salable by donations to charitable organizations or by destruction;
(c) Destroy property the possession of which is deemed illegal or dangerous; or
(d) Dispose of property not purchased at an auction by donations to charitable organizations or by destruction.
κ1989 Statutes of Nevada, Page 383 (CHAPTER 172, AB 500)κ
[3.] 6. Records of the property disposed of by sale, destruction or donation and an accounting of the cash received by the county treasurer from [such sales shall] the sales must be filed with the county clerk.
________
Assembly Bill No. 205Assemblymen Sheerin, Adler, Nevin and Callister
CHAPTER 173
AN ACT relating to property tax; providing for the taxation of exempt real property when leased or loaned by the owner; providing certain exceptions; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation as a residence, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate.
2. Subsection 1 does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public;
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;
(c) Property of any state-supported educational institution;
(d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi- municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;
(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources, regardless of whether the property is owned by the federal, state or a local government; [or]
κ1989 Statutes of Nevada, Page 384 (CHAPTER 173, AB 205)κ
(g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production [.] ;
(h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;
(i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage; or
(j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization.
3. Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section to not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.
________
Assembly Bill No. 186Assemblymen Gaston, Arberry, Kerns, Garner, Jeffrey, Carpenter, Regan, Chowning, Porter, Nevin, Spinello, Sedway, Sader, Thompson, Adler, Kissam, Lambert, McGinness, Triggs and Humke
CHAPTER 174
AN ACT relating to the department of prisons; requiring that offenders committed to the custody of the department be tested for exposure to the human immunodeficiency virus; providing for an educational program regarding the virus instructed by persons certified by the health division of the department of human resources; providing for the segregation of certain offenders who are seropositive; directing that the names of such offenders be disclosed to certain employees of the department; requiring credits to be given to offenders for educational achievement; and providing other matters properly relating thereto.
[Approved May 19, 1989]
whereas, Acquired immune deficiency syndrome is a fatal disease for which there is presently no cure; and
whereas, The incidence of this disease is substantially greater among persons confined in correctional institutions than in the population generally; and
whereas, Appropriate measures must be taken to prevent the spread of the disease within such institutions while protecting the privacy of persons who are infected; now, therefore, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
κ1989 Statutes of Nevada, Page 385 (CHAPTER 174, AB 186)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each offender committed to the custody of the department for evaluation or imprisonment shall submit to an initial test, approved by regulation of the state board of health, to detect exposure to the human immunodeficiency virus. At the time the offender is committed to custody and after any incident involving the offender:
(a) The test must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of any initial test are positive, the offender shall submit to a supplemental test approved for the purpose by regulation of the state board of health.
3. If the results of any supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of any supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. Any person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
6. As used in this section, incident means any occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
Sec. 2. NRS 209.433 is hereby amended to read as follows:
209.433 1. Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
κ1989 Statutes of Nevada, Page 386 (CHAPTER 174, AB 186)κ
months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits must be as shown in the following table:
SCHEDULE OF CREDITS
Number of Time to be
years of Good time Total good time served if
sentence. granted. made. full time is made.
1st year..................... 2 months 2 months 10 months
2nd year..................... 2 months 4 months 1 year, 8 months
3rd year..................... 4 months 8 months 2 years, 4 months
4th year..................... 4 months 1 year 3 years
5th year..................... 5 months 1 year, 5 months 3 years, 7 months
6th year..................... 5 months 1 year, 10 months 4 years, 2 months
7th year..................... 5 months 2 years, 3 months 4 years, 9 months
8th year..................... 5 months 2 years, 8 months 5 years, 4 months
9th year..................... 5 months 3 years, 1 month 5 years, 11 months
10th year..................... 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board [may] shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.
Sec. 3. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.
2. Credits accumulate as shown in the following table:
κ1989 Statutes of Nevada, Page 387 (CHAPTER 174, AB 186)κ
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year............................................ 2 months 2 months
2 years........................................... 2 months 4 months
3 years........................................... 4 months 8 months
4 years........................................... 4 months 1 year
5 years........................................... 5 months 1 year, 5 months
6 years........................................... 5 months 1 year, 10 months
7 years........................................... 5 months 2 years, 3 months
8 years........................................... 5 months 2 years, 8 months
9 years........................................... 5 months 3 years, 1 month
10 years........................................... 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made must be deducted from the maximum term imposed by the sentence and, except as provided in subsection 5, applies to eligibility for parole.
3. In addition to the credits for good behavior provided for in subsection 1, the board [may] shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.
5. Credits earned pursuant to this section do not apply to eligibility for parole is a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 4. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period he is actually incarcerated under sentence a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
κ1989 Statutes of Nevada, Page 388 (CHAPTER 174, AB 186)κ
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, an honor camp, a program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 5. NRS 441.070 is hereby amended to read as follows:
441.070 1. The health division shall conduct such educational and publicity work as it may deem necessary and shall, from time to time, cause to be issued free of charge to any of the persons or institutions named in NRS 441.060 a copy of such of the [rules and] regulations of the board and pamphlets and other literature issued by it, as the board deems reasonably necessary.
2. The health division shall provide the materials and curriculum necessary to conduct the educational program provided for in section 1 of this act and establish a program for the certification of persons qualified to provide instruction for the program.
Sec. 6. NRS 441.210 is hereby amended to read as follows:
441.210 The disclosure to any person of the name or address of any diseased person is unlawful except:
1. Where the disclosure is authorized or required by [this chapter.] specific statute.
2. In prosecutions for violations of this chapter.
3. In mandamus proceedings authorized by this chapter.
4. In reporting an apparently abused or neglected child, but no other information may be disclosed.
5. Where the disclosure is made to the welfare division of the department of human resources and the diseased person:
(a) Has been diagnosed as having acquired immune deficiency syndrome or acquired immune deficiency related complex; and
(b) Is a recipient of assistance to the medically indigent.
________
κ1989 Statutes of Nevada, Page 389κ
Assembly Bill No. 546Committee on Natural Resources, Agriculture and Mining
CHAPTER 175
AN ACT relating to state lands; authorizing the state land registrar to offer a parcel of property in Carson City for sale subject to various restrictions; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The state land registrar may offer for sale, without complying with the provisions of NRS 321.335, real property belonging to the State of Nevada consisting of a corridor of land approximately 2,700 feet in length across the northwest 1/4 of section 12, T. 15 N., R. 19E., M.D.B. & M.
2. The sale must be conditioned on the following restrictions:
(a) The sale must be for the fair market value to be determined by an appraisal commissioned by the division of state lands of the state department of conservation and natural resources.
(b) An exact description of the property by metes and bounds must be prepared by a registered land surveyor.
(c) The parcel must be sold for the purpose of a roadway to be offered for dedication to the city of Carson City, Nevada, after completion.
(d) If the grantee or the city of Carson City, Nevada, ceases to use the land for the intended purpose for 1 year, all right, title and interest in the land reverts to the state.
(e) The cost of the appraisal and survey and any other costs of the transaction must be charged to the applicant.
Sec. 2. If the property is sold, all proceeds must be deposited with the state treasurer for credit to the state permanent school fund.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 390κ
Assembly Bill No. 555Committee on Judiciary
CHAPTER 176
AN ACT relating to a judgment of death; clarifying the time during which the judgment must be executed; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.345 is hereby amended to read as follows:
176.345 1. When a judgment of death has been pronounced, a certified copy of the entry thereof in the minutes of the court [shall] must be forthwith executed and attested in triplicate by the clerk under the seal of the court. There [shall] must be attached to the triplicate copies a warrant signed by the judge, attested by the clerk, under the seal of the court, which [shall recite] :
(a) Recites the fact of the conviction and judgment [, and appoint] ;
(b) Appoints a week , the first day being Monday and the last day being Sunday, within which the judgment is to be executed, which must not be less than 60 days nor more than 90 days from the time of judgment [, and must direct] ; and
(c) Directs the sheriff to deliver the prisoner to such authorized person as the director of the department of prisons designates to receive the prisoner, for execution . [, such prison to] The prison must be designated in the warrant.
2. The original of the triplicate copies of the judgment and warrant [shall] must be filed in the office of the county clerk, and two of the triplicate copies [shall] must be immediately delivered by the clerk to the sheriff of the county . [; one] One of the triplicate copies [to] must be delivered by the sheriff, with the prisoner, to such authorized person as the director of the department of prisons designates, [which shall be] and is the warrant and authority of the director for the imprisonment and execution of the prisoner, as therein provided and commanded . [, and the] The director shall return his certified copy of the judgment to the county clerk of the county [whence] in which it was issued . [; and the] The other triplicate copy [of such judgment and warrant to be] is the warrant and authority of the sheriff to deliver the prisoner to [such] the authorized person [so] designated by the director . [; the last mentioned copy to] the final triplicate copy must be returned to the county clerk by the sheriff with his proceedings endorsed thereon.
Sec. 2. NRS 176.355 is hereby amended to read as follows:
176.355 1. The judgment of death must be inflicted by an injection of a lethal drug.
2. The director of the department of prisons shall:
(a) Execute a sentence of death within the week, the first day being Monday and the last day being Sunday, that the judgment is to be executed, as designated by the district court. The director may execute the judgment at any time during that week if a stay of execution is not entered by a court of appropriate jurisdiction.
κ1989 Statutes of Nevada, Page 391 (CHAPTER 176, AB 555)κ
(b) Select the drug or combination of drugs to be used for the execution after consulting with the state health officer . [;
(b)] (c) Be present at the execution . [; and
(c)] (d) Invite a competent physician and not less than six nor more than nine reputable citizens over the age of 21 years, to be present at the execution.
3. The execution must take place at the state prison.
4. No person who has not been invited by the director may witness the execution.
Sec. 3. NRS 176.495 is hereby amended to read as follows:
176.495 1. If for any reason a judgment of death has not been executed, and it remains in force, the court in which the conviction was had must, upon the application of the attorney general or the district attorney of the county in which the conviction was had, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the director of the department of prisons.
2. The warrant must state the conviction and judgment and appoint a [day on] week, the first day being Monday and the last day being Sunday, within which the judgment is to be executed . [, which] The first day of that week must not be less than 15 days nor more than 30 days after the date of the warrant. The director shall execute a sentence of death within the week the judgment is to be executed, as designated by the district court. The director may execute the judgment at any time during that week if a stay of execution is not entered by a court of appropriate jurisdiction.
3. Where sentence was imposed by a district court composed of three judges, the district judge before whom the confession or plea was made, or his successor in office, shall [set the date] designate the week of execution , the first day being Monday and the last day being Sunday, and sign the warrant.
________
Assembly Bill No. 413Committee on Taxation
CHAPTER 177
AN ACT relating to taxation; authorizing the department of taxation to record a lien for a deficiency determination for nonpayment of taxes owed on controlled substances; extending the scope of the liens for nonpayment of certain taxes to include personal property; requiring sellers of tangible personal property to pay to the department the expenses incurred by an employee of the department when examining the records of the seller kept outside the state; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 372.555 is hereby amended to read as follows:
372.555 1. An abstract of the judgment or a copy may be filed for record with the county recorder of any county.
κ1989 Statutes of Nevada, Page 392 (CHAPTER 177, AB 413)κ
2. From the time of filing, the amount required to be paid, together with interest and penalty set forth, constitutes a lien upon all the real and personal property in the county owned by the person liable or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years [from] after the date of the judgment so entered by the county clerk unless sooner released or otherwise discharged.
3. The lien may, within 5 years [from] after the date of the judgment or within 5 years [from] after the date of the last extension of the lien pursuant to this subsection, be extended by filing for record in the office of the county recorder of any county, an abstract or copy of the judgment, and from the time of filing, the lien is extended to the real and personal property in the county for 5 years, unless sooner released or otherwise discharged.
Sec. 2. NRS 372.570 is hereby amended to read as follows:
372.570 1. If any amount required to be paid to the state under this chapter is not paid when due, the department may, within 3 years after the amount is due, file for record in the office of any county recorder a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the department of the person liable for the amount due, and the fact that the department has complied with all provisions of this chapter in the determination of the amount required to be paid.
2. From the time of the filing for record, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years [from] after the time of the filing of the certificate unless sooner released or otherwise discharged.
3. The lien may, within 5 years [from] after the date of the filing of the certificate or within 5 years [from] after the date of the last extension of the lien pursuant to this subsection, be extended by filing for record a new certificate in the office of the county recorder of any county, and from the time of filing, the lien is extended to the real and personal property in the county for 5 years, unless sooner released or otherwise discharged.
Sec. 3 NRS 372.740 is hereby amended to read as follows:
372.740 1. The department, or any person authorized in writing by it, may examine the books, papers, records and equipment of any person selling tangible personal property and any person liable for the use tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
2. Any person selling tangible personal property in this state who is required to obtain a permit pursuant to NRS 372.125 and who keeps outside of this state his records, receipts, invoices and other documents relating to sales he has made, shall pay to the department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the state for each day or fraction thereof during which an employee of the department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.
κ1989 Statutes of Nevada, Page 393 (CHAPTER 177, AB 413)κ
Sec. 4. Chapter 372A of NRS is hereby amended by adding thereto a new section to read as follows:
Upon a determination by the department of a deficiency in the payment of the tax required pursuant to this chapter, the department may record a lien in the manner prescribed in NRS 372.570, 372.575 and 372.580.
Sec. 5. NRS 374.560 is hereby amended to read as follows:
374.560 1. An abstract of the judgment or a copy may be filed for record with the county recorder of any county.
2. From the time of the filing, the amount required to be paid, together with interest and penalty set forth, constitutes a lien upon all the real and personal property in the county owned by the person liable or afterwards and before the lien expires acquired by him. The lien has the [force,] effect and priority of a judgment lien and [shall continue] continues for 5 years [from] after the date of the judgment so entered by the county clerk unless sooner released or otherwise discharged.
3. The lien may, within 5 years [from] after the date of the judgment or within 5 years [from] after the date of the last extension of the lien in the manner [herein provided,] provided in this section, be extended by filing for record in the office of the county recorder of any county, an abstract or copy of the judgment, and from the time of [such] the filing, the lien [shall] must be extended to the real and personal property in [such] the county for 5 years, unless sooner released or otherwise discharged.
Sec. 6. NRS 374.575 is hereby amended to read as follows:
374.575 1. If any amount required to be paid to a county under this chapter is not paid when due, the department may, within 3 years after the amount is due, file for record in the office of the county recorder of [such] that county or of any other county a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the department of the person liable for the [same,] amount due, and the fact that the department has complied with all provisions of this chapter in the determination of the amount required to be paid.
2. From the time of the filing for record, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real and personal property in the county owned by the person or afterwards and before the lien expires acquired by him. The lien has the [force,] effect and priority of a judgment lien and [shall continue] continues for 5 years [from] after the time of the filing of the certificate unless sooner released or otherwise discharged.
3. The lien may, within 5 years [from] after the date of the filing of the certificate or within 5 years [from] after the date of the last extension of the lien in the manner [herein provided,] provided in this section, be extended by filing for record a new certificate in the office of the county recorder of any [such] county, and from the time of [such] the filing, the lien [shall] must be extended to the real and personal property in [such] the county for 5 years, unless sooner released or otherwise discharged.
________
κ1989 Statutes of Nevada, Page 394κ
Assembly Bill No. 301Assemblymen Jeffrey, Banner, Bogaert, Price, Gibbons, Wendell Williams, Carpenter and Thompson
CHAPTER 178
AN ACT relating to the department of administration; authorizing the director of the department to designate an appeals officer to supervise certain activities of the hearings division; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the risk management division.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers, who are in the classified service of the state. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Has such other powers and duties as are provided by law.
________
Assembly Bill No. 113Assemblymen Humke, Gaston, Spinello, Arberry, Marvel, Evans, Sedway, Swain, DuBois, McGinness, Spriggs, Gibbons and Bogaert
CHAPTER 179
AN ACT relating to juvenile correctional institutions; increasing the minimum age for commitment; providing for the commitment of certain children to the custody of the department of human resources for placement; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 210.180 is hereby amended to read as follows:
210.180 1. A court may commit to the school any person between the ages of [8] 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent [must determine that] shall determine whether adequate facilities are available to provide the necessary care to the person.
κ1989 Statutes of Nevada, Page 395 (CHAPTER 179, AB 113)κ
determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless [there] :
(a) There are not adequate facilities available to provide the necessary care [, or there] ;
(b) There is not adequate money available for the support of the school [, or, in] ; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
2. The court may order, when committing a person to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the superintendent, who shall immediately deposit the money with the state treasurer for credit to the state general fund.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis and examination for venereal disease, by a physician. The physician shall, within 5 days after the examination, make a written report of the results to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk , as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 2. NRS 210.580 is hereby amended to read as follows:
210.580 1. A court may commit to the school any female person between the ages of [8] 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent [must determine that] shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless [there] :
(a) There are not adequate facilities available to provide the necessary care [, or there] ;
(b) There is not adequate money available for the support of the school [, or, in] ; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school outside of the State of Nevada which is approved by the board, or to a private institution within the State of Nevada.
2. The court may order, when committing a person to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance. Such payments must be paid to the superintendent, who shall immediately deposit the money with the state treasurer for credit to the state general fund.
κ1989 Statutes of Nevada, Page 396 (CHAPTER 179, AB 113)κ
who shall immediately deposit the money with the state treasurer for credit to the state general fund.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease , by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 3. NRS 210.615 is hereby amended to read as follows:
210.615 The administrator, with the consent of the superintendent, may transfer to the school a male person between the ages of [8] 12 and 18 years who is an inmate of the Nevada youth training center. If such a transfer is made, the general provisions regarding placements in the school apply.
Sec. 4. NRS 62.211 is hereby amended to read as follows:
62.211 1. If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court must not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and must not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Commit the child to the custody of the youth services division of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children, if the child is between the ages of 8 and 12, and but for the age of the child, the court would have committed the child to the Nevada girls training center or the Nevada youth training center.
(d) Order such medical, psychiatric, psychologic or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
[(d)] (e) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
κ1989 Statutes of Nevada, Page 397 (CHAPTER 179, AB 113)κ
caused or tended to cause the child to come within or remain under the provisions of this chapter.
[(e)] (f) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
[(f)] (g) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt a child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
[(g)] (h) Require the child to provide restitution to the victim of the crime which the child has committed.
[(h)] (i) Impose a fine on the child.
2. If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public.
3. If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
Sec. 5. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator or his designee may receive a mentally retarded person of the State of Nevada for services in a facility operated by the division if:
(a) He is mentally retarded as defined in NRS 433.174 and is in need of institutional training and treatment;
κ1989 Statutes of Nevada, Page 398 (CHAPTER 179, AB 113)κ
(b) Space is available which is designated and equipped to provide appropriate care for him;
(c) The facility has or can provide an appropriate program of training and treatment for him; and
(d) There is written evidence that no less restrictive alternative is available in his community.
2. A mentally retarded person may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
3. A court may order that a mentally retarded person be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received, cared for an examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph [(c)] (d) of subsection 1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 10 days, the administrator or his designee shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrators report.
5. The parent or guardian of a person believed to be mentally retarded may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation. The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
Sec. 6. Section 4 of his act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 399κ
Senate Bill No. 116Senator Wagner
CHAPTER 180
AN ACT relating to mechanical voting systems; requiring the full text of each proposed constitutional amendment to be included on each sample ballot; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293B.205 is hereby amended to read as follows:
293B.205 1. The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:
(a) A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or
(b) A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.
2. [The fiscal note for, as provided pursuant to NRS 218.276, and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.] All sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure.
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it.
(c) The full text of each proposed constitutional amendment.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 400κ
Senate Bill No. 302Committee on Judiciary
CHAPTER 181
AN ACT relating to gaming; providing that a licensee may accept a gaming credit instrument payable to an affiliated company or may insert the affiliated company as payee on the instrument; removing the requirement that an incomplete gaming credit instrument be dated when accepted; and providing other matters properly relating thereto.
[Approved May 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.368 is hereby amended to read as follows:
463.368 1. A credit instrument accepted on or after June 1, 1983, is valid and may be enforced by legal process.
2. A licensee or a person acting on the licensees behalf may accept an incomplete credit instrument which:
(a) Is signed by a patron; and
(b) [Is dated; and
(c)] States the amount of the debt in figures,
and may complete the instrument as is necessary for the instrument to be presented for payment.
3. A licensee or person acting on behalf of a licensee:
(a) May accept a credit instrument that is dated later than the date of its execution if that later date is furnished at the time of the execution of the credit instrument by the patron.
(b) May not accept a credit instrument which is incomplete and cannot lawfully be completed to comply with the requirements of NRS 104.3104.
(c) May accept a credit instrument that is payable to an affiliated company or may complete a credit instrument in the name of an affiliated company as payee if the credit instrument otherwise complies with this subsection and the records of the affiliated company pertaining to the credit instrument are made available to agents of the board upon request.
4. This section does not prohibit the establishment of an account by a deposit of cash, recognized travelers check, or any other instrument which is equivalent to cash.
5. Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive.
6. The commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank for collection or payment.
Sec. 2. NRS 463.482 is hereby amended to read as follows:
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.368, 463.386 and 463.482 to 463.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.
________