[Rev. 2/12/2019 1:10:42 PM]
κ1989 Statutes of Nevada, Page 401κ
Senate Bill No. 320Senator Jacobsen
CHAPTER 182
AN ACT relating to the Nevada National Guard; authorizing the governor to order the Nevada National Guard into active service for the welfare of the public; 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 412.122 is hereby amended to read as follows:
412.122 1. The governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or other substantial threat to life or property, order into active service of the state for such a period, to such an extent and in such a manner as he deems necessary all or any part of the Nevada National Guard. [Such power] The authority of the governor includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.
2. In case of the absence of the governor from the state, or if it is impossible to communicate immediately with him, the civil [official] officer making a requisition for troops may, if he deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the governors absence or the impossibility of immediately communicating with him, upon the following [officials or] officers in this order:
(a) Lieutenant governor;
(b) Adjutant general; and
(c) Other officers designated in a chain of command prescribed by department regulations.
[But if] If the call is afterward disapproved by the governor, the troops called into service must be disbanded immediately.
3. The governor may order into active service of the state for such a period, to such an extent and in such a manner as he deems necessary units or individual members of the Nevada National Guard when in his judgment the services of [such] the units or members are required for [the] :
(a) The furtherance of the organization, maintenance, discipline or training of the Nevada National Guard [or for ceremonial] ;
(b) The welfare of the public; or
(c) Ceremonial functions of the state government.
4. Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.
κ1989 Statutes of Nevada, Page 402 (CHAPTER 182, SB 320)κ
county or city in which the troops are serving, or any specified portion thereof, to be under martial law.
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Senate Bill No. 163Senators Hickey, Beyer, Coffin, Getto, Horn, Jacobsen, Joerg, Mello, Neal, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
CHAPTER 183
AN ACT making supplemental appropriations to the department of museums and history for the support of the Nevada museum and historical society in Las Vegas and the Nevada state museum in Carson City; 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. There is hereby appropriated from the state general fund to the department of museums and history for the Nevada museum and historical society in Las Vegas the sum of $20,000 to replace a shortfall in admissions receipts. This appropriation is supplemental to that made by section 28 of chapter 747, Statutes of Nevada 1987, at page 1842.
Sec. 2. There is hereby appropriated from the state general fund to the department of museums and history for the Nevada state museum in Carson City the sum of $27,000 to replace a shortfall in admissions receipts. This appropriation is supplemental to that made by section 28 of chapter 747, Statutes of Nevada 1987, at page 1842.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 267Committee on Taxation
CHAPTER 184
AN ACT relating to local financial administration; eliminating the special assessment fund as one of the kinds of funds maintained by a local government; 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 354.5335 is hereby amended to read as follows:
354.5335 Fund for capital projects means a fund created to account for all resources used for the acquisition or construction of designated fixed assets by a governmental unit except those financed by [special assessment,] proprietary or trust funds.
κ1989 Statutes of Nevada, Page 403 (CHAPTER 184, SB 267)κ
Sec. 2. NRS 354.604 is hereby amended to read as follows:
354.604 Each local government shall maintain, according to its own needs:
1. The following kinds of governmental funds:
(a) General fund;
(b) Special revenue fund;
(c) Fund for capital projects; and
(d) Debt service fund . [; and
(e) Special assessment fund.]
2. The following kinds of proprietary funds:
(a) Enterprise fund; and
(b) Internal service fund.
3. Trust and agency funds.
4. The following kinds of account groups:
(a) General fixed assets; and
(b) General long-term debt.
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Senate Bill No. 334Committee on Judiciary
CHAPTER 185
AN ACT relating to gaming; authorizing the Nevada gaming commission to permit holding companies to lease the equipment of any gambling game without a state gaming license; authorizing holding companies to dispose of gaming devices without a distributors license under certain circumstances; 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 463.162 is hereby amended to read as follows:
463.162 1. [It] Except as otherwise provided in subsections 2 and 3, it is unlawful for any person to:
(a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license . [for it.]
(b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.
(c) Furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person received payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
κ1989 Statutes of Nevada, Page 404 (CHAPTER 185, SB 334)κ
on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
2. The provisions of subsection 1 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.
(c) [Which] That is a wholly owned subsidiary of:
(1) A corporation or limited partnership holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, [which] that has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it . [as such.]
(d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index, expansions or improvement of facilities, or changes in services supplied. Receipts or rentals or charges based on percentage between a corporate licensee or a licensee who is a limited partnership and the entities enumerated in paragraph (c) are permitted under this subsection.
3. The commission may, upon the issuance of its approval or a finding of suitability, exempt a holding company from the licensing requirements of subsection 1.
4. The board may require any person exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to provide such information as it may require to perform its investigative duties.
[4.] 5. The board and the commission may require a finding of suitability or the licensing of any person who:
(a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether he leases the property directly to the licensee or through an intermediary.
(b) Repairs, rebuilds or modifies any gaming device.
(c) Manufactures or distributes chips or gaming tokens for use in Nevada.
[5.] 6. If the commission finds a person described in subsection [4] 5 unsuitable, a licensee shall not enter into any contract or agreement with that person without the prior approval of the commission. Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the commission. Any agreement between a licensee and a person described in subsection [4] 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days after demand, the commission may pursue any remedy or combination of remedies provided in this chapter.
κ1989 Statutes of Nevada, Page 405 (CHAPTER 185, SB 334)κ
presented to the board within 30 days after demand, the commission may pursue any remedy or combination of remedies provided in this chapter.
Sec. 2. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 and 3, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device for use or play in Nevada without [having first procured and maintained] first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license or the holding company of a corporate licensee may, within 2 years [of] after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of [his] its gaming devices, including slot machines, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributors license.
4. Any person whom the commission determines [to be] is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
5. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
6. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
7. As used in this section, holding company has the meaning ascribed to it in NRS 463.485.
________
κ1989 Statutes of Nevada, Page 406κ
Senate Bill No. 262Committee on Natural Resources
CHAPTER 186
AN ACT relating to the state engineer; expanding his authority to issue subpenas; 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. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Whenever the state engineer is authorized or required by law to conduct a hearing, he may issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, and take depositions within or without the state, as the circumstances of the case may require.
2. The district court in and for the county in which any hearing is being conducted by the state engineer or his designee may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the state engineer.
3. If a witness refuses to attend or testify or produce any papers required by the subpena, the state engineer may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this section; and
(c) That the witness has failed and refused to attend or produce the papers required by the subpena before the state engineer or his designee in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of the hearing,
and asking for an order of the court compelling the witness to attend and testify or produce the books or papers before the state engineer or his designee.
4. The court, upon petition of the state engineer, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, and show cause why he has not attended or testified or produced the books or papers before the state engineer or his designee. The time for the appearance may not be later than 10 days after the date of the order. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the state engineer, the court may thereupon enter an order that the witness appear before the state engineer or his designee at the time and place fixed in the order and testify or produce the required books or papers. If the witness fails to obey the order, he must be dealt with as for contempt of court.
Sec. 2. NRS 533.150 is hereby amended to read as follows:
533.150 1. The state engineer shall fix a time and place for the hearing of objections, which date must not be less than 30 days nor more than 60 days [from] after the date the notice is served on the persons who are, or may be, affected thereby.
κ1989 Statutes of Nevada, Page 407 (CHAPTER 186, SB 262)κ
[from] after the date the notice is served on the persons who are, or may be, affected thereby. The notice may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor constitutes legal and valid proof of service. The notice may also be served by the state engineer, or by any person, appointed by him, qualified and competent to serve a summons in civil actions. Return thereof must be made in the same manner as in civil actions in the district courts of this state.
2. The state engineer may adjourn hearings from time to time upon reasonable notice to all parties interested . [ , and issue subpenas and compel the attendance of witnesses to testify at the hearings. The subpenas must be served in the same manner as subpenas issued out of the district courts of this state.] Depositions may be taken by any person authorized to administer oaths and designated by the state engineer or the parties in interest, and oral testimony may be introduced in all hearings.
3. [In case of neglect or refusal on the part of any person to comply with any order of the state engineer or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, the district court of any county, or any judge thereof, on application of the state engineer, shall issue attachment proceedings for contempt, as in the case of disobedience of a subpena issued from such court, or a refusal to testify therein.
4.] Witnesses are entitled to receive fees as in civil cases, to be paid by the party calling those witnesses.
[5.] 4. The evidence in the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination. All testimony taken at the hearings must be reported and transcribed in its entirety.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 290Senators Mello and OConnell
CHAPTER 187
AN ACT relating to state publications; transferring the duties relating to publication of the biennial report and the statistical abstract from the office of community services to the director of the department of administration; 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. Chapter 345 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 345.070 to 345.120, inclusive, unless the context otherwise requires, director means the director of the department of administration.
κ1989 Statutes of Nevada, Page 408 (CHAPTER 187, SB 290)κ
Sec. 2. NRS 345.070 is hereby amended to read as follows:
345.070 1. The [office of community services] director shall compile and cause to be published the biennial report. The report must include:
(a) The [governors] state of the state message delivered by the governor at the most recent regular session of the [state] legislature;
(b) An organizational chart of state government;
(c) Separate sections [relating respectively to] describing each state department and [to] other selected agencies of the executive branch of state government; and
(d) [Significant historical events relating to the State of Nevada occurring during the current biennium.] A description of recent trends in the population, economy and environment of this state.
2. Each section of the biennial report required pursuant to paragraph (c) of subsection 1 must include:
(a) The purpose and organizational structure of the department or other agency;
(b) [Its programs, activities and accomplishments during the current biennium;] A statement of the objectives attained by or other accomplishments of the department or other agency during the current biennium;
(c) Significant legislative or executive action affecting the department or other agency; and
(d) [A budgetary summary;
(e) A bibliography of publications of major interest issued by the department or other agency during the current biennium;
(f) An index to that section of the biennial report; and
(g)] A listing of major administrators within the department or other agency.
3. The biennial report may include separate sections relating to any matter of concern to the people of this state, including:
(a) Economic development;
(b) Public safety;
(c) Human resources;
(d) Employment;
(e) Education;
(f) The environment; and
(g) Transportation.
4. Any section included in the report pursuant to subsection 3 must contain:
(a) A summary of any major issues relating to the matter addressed in that section;
(b) A brief analysis of those issues, including relevant background information; and
(c) A description of any proposed courses of action to address those issues.
Sec. 3. NRS 345.080 is hereby amended to read as follows:
345.080 Each state agency [which] that is required by law to prepare and submit an annual or biennial report to the governor or the legislature shall comply by preparing one copy of the report in a form prescribed by the [office of community service, which shall utilize] director, who shall use it in preparing the biennial report.
κ1989 Statutes of Nevada, Page 409 (CHAPTER 187, SB 290)κ
Sec. 4. NRS 345.090 is hereby amended to read as follows:
345.090 The [office of community services] director shall compile and publish a statistical abstract each [odd-numbered year.] biennium. The statistical abstract must contain:
1. Significant statistical information for the current biennium with respect to state and local government to the extent the information is not provided in the biennial report;
2. Data relating to this state furnished by the Federal Government; and
3. Information and data relating to business and the economy in this state.
Sec. 5. NRS 345.100 is hereby amended to read as follows:
345.100 The [office of community services] director shall determine the format, substance, time of preparation, distribution, cost and all other matters pertaining to the publication of the biennial report and the statistical abstract after consultation with the bureau of business and economic research of the University of Nevada, the commission on economic development and the state library and archives.
Sec. 6. NRS 345.110 is hereby amended to read as follows:
345.110 Except as otherwise provided in NRS 345.120, the [office of community services] director may charge for each copy of the biennial report or the statistical abstract an amount [which] that does not exceed the approximate cost of its publication.
Sec. 7. NRS 345.120 is hereby amended to read as follows:
345.120 Each of the documents required by NRS 345.070 [, 345.090 and 345.100 shall] and 345.090 must be distributed without charge to:
1. The governor.
2. Each elected state officer.
3. Each member of the legislature.
4. Each state department or other agency of the executive branch.
5. The clerk of each city and of each county.
6. The legislative counsel bureau.
7. Each public library in the state.
8. Each library in the University of Nevada System.
Sec. 8. This act becomes effective on July 1, 1989.
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κ1989 Statutes of Nevada, Page 410κ
Assembly Bill No. 361Committee on Elections
CHAPTER 188
AN ACT relating to sheriffs; designating the office of sheriff to be nonpartisan; and providing other matters properly relating thereto.
[Approved May 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.195 is hereby amended to read as follows:
293.195 1. Judicial offices, school offices , the office of county sheriff and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.
2. No words designating the party affiliation of a candidate for nonpartisan offices may be printed upon the ballot.
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Assembly Bill No. 175Assemblymen Spinello, Dini, Sedway, Jeffrey, Porter, Evans, Diamond, Swain, Wendell Williams, Myrna Williams, Humke, Wisdom and Gaston
CHAPTER 189
AN ACT making a supplemental appropriation to the division of mental hygiene and mental retardation of the department of human resources for support of community training centers, rural clinics, additional forensic positions and the costs of personnel at the Nevada mental health institutes; and providing other matters properly relating thereto.
[Approved May 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of mental hygiene and mental retardation of the department of human resources the sum of $1,018,307 to be allocated as follows:
1. To the community training center, the sum of $15,191.
2. To the Nevada mental health institute the sum of $639,064.
3. To the facility for the mental offenders the sum of $74,023.
4. To the southern Nevada child and adolescent services the sum of $139,851.
5. To the rural clinics the sum of $150,178.
This appropriation is supplemental to that made by section 31 of chapter 747, Statutes of Nevada 1987, at page 1843.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 411κ
Assembly Bill No. 39Assemblymen Dini and McGinness
CHAPTER 190
AN ACT relating to health facilities; including the revenue and operating expenses of certain health facilities which are affiliates or subsidiaries of a hospital in the computation of the revenue and expenses of that hospital; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 55 of chapter 377, Statutes of Nevada 1987, as amended by chapter 681, Statutes of Nevada 1987, at page 1633, is hereby amended to read as follows:
Sec. 55. 1. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 17 percent shall:
(a) For the fiscal year 1987-1988, reduce its billed charges for inpatients by at least 25 percent below its billed charges in effect on March 31, 1987 and reduce its net revenue per inpatient admission by an average of 15 percent below its net revenue per inpatient admission in the fiscal year 1986-1987; and
(b) Except as otherwise provided in subsections 5 and 8, for the fiscal year 1988-1989, maintain its billed charges for inpatients and net revenue per inpatient admission at a level which is not higher than that required for the fiscal year 1987-1988.
2. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 12 percent but did not exceed 17 percent shall:
(a) For the fiscal year 1987-1988, reduce its billed charges for inpatients by at least 12 percent below its billed charges in effect on March 31, 1987 and reduce its net revenue per inpatient admission by an average of 7.5 percent below its net revenue per inpatient admission in the fiscal year 1986-1987; and
(b) Except as otherwise provided in subsections 5 and 8, for the fiscal year 1988-1989, maintain its billed charges for inpatients and net revenue per inpatient admission at a level which is not higher than that required for the fiscal year 1987-1988.
3. Each nonprofit hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 7 percent but did not exceed 12 percent shall reduce its billed charges by an amount which is sufficient to result in a percentage of income to operating expenses of not more than 7 percent for the fiscal years 1987-1988, 1988-1989, 1989-1990 and 1990-1991.
4. A hospital which:
(a) Is not subject to the requirements of subsection 1, 2 or 3 in the fiscal year 1987-1988; and
(b) Exceeds in the calendar year 1987 one of the respective percentages of income to operating expenses specified in those subsections, shall in the fiscal year 1988-1989 comply with the requirements of the applicable subsection for the fiscal year 1987-1988.
κ1989 Statutes of Nevada, Page 412 (CHAPTER 190, AB 39)κ
shall in the fiscal year 1988-1989 comply with the requirements of the applicable subsection for the fiscal year 1987-1988.
5. A hospital which is subject to the requirements of subsection 1 or 2 in the fiscal year 1987-1988 may increase its billed charges and its net revenue per inpatient admission in the fiscal year 1988-1989 to the extent authorized by this subsection. A hospital may increase its net revenue in the fiscal year 1988-1989 to the extent that the following costs increase in the fiscal year 1987-1988 over the corresponding amounts for the fiscal year 1986-1987:
(a) Salaries of employees of the hospital, excluding administrative employees:
(b) Malpractice insurance;
(c) Fees for licensing;
(d) Utilities; and
(e) Any other increases in costs which the director determines were beyond the control of the hospital.
A hospital must apply to the director for an increase pursuant to this subsection on or before September 30, 1988, by submitting information verifying increases specifically allowed or proposed for consideration pursuant to this subsection. The director shall, on or before November 15, 1988, determine the amount by which the hospital will be allowed to increase its net revenue in the fiscal year 1988-1989. The decision of the director is a final decision for the purposes of judicial review.
6. The hospital may increase its net revenue per inpatient admission in the fiscal year 1988-1989 by an amount which will result in the increase in net revenue authorized pursuant to this subsection. The hospital may increase its billed charges in the fiscal year 1988-1989 by 1 percent for each percent that it is authorized to increase its net revenue per inpatient admission. Except as otherwise provided in subsection 8, each hospital which is required to comply with the requirements of subsection 1, 2 or 4 shall not increase its billed charges for inpatients in the fiscal year 1989-1990 or in the fiscal year 1990-1991 by more than 4 percent above the percentage increase in the Consumer Price Index (Medical Care Component for all Urban Consumers), published by the Bureau of Labor Statistics of the Department of Labor, in the preceding calendar year.
7. A hospital which fails to reduce its billed charges or net revenue per inpatient admission or to maintain its billed charges or net revenue at the levels required by subsections 1, 2, 4, 5 and 6, shall, except as otherwise provided in subsection 8, pay a penalty of twice the amount of the difference between its total billed charges and its total authorized billed charges or twice the amount of the difference between its total net revenue and its total authorized net revenue, whichever is greater. A hospital which fails to reduce its percentage of income to operating expenses to the levels required by subsection 3 shall pay a penalty of twice the amount of the difference between its total income and its total authorized income. The director shall determine the amount of the penalty which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year.
κ1989 Statutes of Nevada, Page 413 (CHAPTER 190, AB 39)κ
each year. The director shall include in the penalty any amounts by which the hospital failed to meet its obligation in a preceding year which were not discovered at the time of the failure. Payment is due within 30 days after receipt of the notice. If a hospital fails to pay the penalty when it is due the hospital shall pay, in addition to the penalty:
(a) Interest at a rate of 1 percent per month for each month after the penalty is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the penalty and interest from the hospital.
8. The legislature has determined that the requirements of subsection 1 would result in the following reductions in net revenue if the amount of care provided in the fiscal year 1987-1988 were the same as was provided in the calendar year 1986:
Humana Hospital Sunrise.......................................................... $9,878,425
Valley Hospital Medical Center.................................................. 5,103,931
Desert Springs Hospital................................................................. 3,494,151
If the difference between a hospitals net revenue for the fiscal year 1987-1988 or 1988-1989 and the amount its net revenue would have been based upon its net revenue per inpatient admission in the fiscal year 1986-1987 exceeds the amount specified in this subsection, reduced by any credit approved pursuant to subsection 12, the hospital is exempt from any penalty which would otherwise be imposed pursuant to subsection 7. A hospital which increases its billed charges based upon a determination that the provisions of this subsection will exempt the hospital from any penalty for such action shall notify the director in writing of the increase and submit documentation in support of the hospitals determination. The director shall determine the amount by which a hospitals reduction in net revenue for the fiscal years 1987-1988 and 1988-1989 exceeded the amounts specified in this subsection, after deducting any applicable credit, and shall authorize the hospital to increase its net revenue per inpatient admission by an amount which is sufficient to allow the recovery of the excess in the fiscal year 1988-1989 or 1989-1990, as appropriate. The hospital may increase its billed charges in the fiscal years 1988-1989 and 1989-1990 by 1 percent for each percent that it is authorized to increase its net revenue per inpatient admission pursuant to this subsection for that fiscal year. Any increase authorized pursuant to this subsection is in addition to the increases authorized pursuant to subsections 5 and 6.
9. One-half of the money collected pursuant to this section must be deposited in the legislative fund and used for the support of the legislative committee on health care. The other half of the money must be deposited in the supplemental fund for assistance to indigent persons. The board of trustees of the fund for hospital care to indigent persons shall distribute to each county before May 1 from money deposited in the supplemental fund pursuant to this subsection an amount proportionate to the amount paid into the supplemental fund by the county in the previous fiscal year.
10. The division shall, on or before July 1, 1987:
κ1989 Statutes of Nevada, Page 414 (CHAPTER 190, AB 39)κ
(a) Determine the percentage of income to operating expenses for the calendar year 1986 for each hospital in this state based upon reports submitted by the hospitals to the division;
(b) Determine whether that percentage exceeds the amount specified in subsection 1, 2 or 3; and
(c) Notify each hospital which will be required to comply with the provisions of subsection 1, 2 or 3 and of subsection 6. Each hospital so notified, except a hospital which is subject to the provisions of subsection 3, shall within 30 days provide to the director a copy of its list of billed charges in effect on March 31, 1987.
The division shall make such other determinations as are necessary to carry out the provisions of this section.
11. The provisions of subsections 1, 2, 3 and 4 do not require a hospital to reduce the amount it receives pursuant to a contract in effect on the effective date of this section.
12. A hospital which is required pursuant to subsection 1, 2 or 4 to reduce or limit its net revenue per inpatient admission in a fiscal year is entitled to a credit against its net revenue used to compute its revenue per inpatient admission of $2 for each $1 spent by the hospital in the preceding calendar year to increase its ratio of nursing hours to patient days. The credit authorized pursuant to this subsection must not exceed 5.5 percent of the amount by which the net revenue of the hospital would otherwise be required to be reduced in the fiscal year 1987-1988. The credit applies only to nurses licensed pursuant to chapter 632 of NRS. To receive the credit, a hospital must:
(a) Increase its percentage of nurses who work at least 40 hours per week above the percentage for the preceding calendar year;
(b) Increase its ratio of nursing hours to patient days above the ratio for the calendar year of 1986;
(c) Maintain its level of expenditures for medical education in Nevada at the level provided in the calendar year 1986, including education of allied health students, education of students in medical school, postgraduate residency programs and continuing medical education for the hospitals staff; and
(d) Submit to the director on or before January 31 of the fiscal year in which the credit is claimed evidence of compliance with the requirements of paragraphs (a), (b) and (c).
The director may disallow all or any portion of the claimed credit which he determines is not supported by the evidence. The decision of the director is a final decision for the purpose of judicial review.
13. For the purpose of calculating the percentage of income to operating expenses of a nonprofit hospital pursuant to subsection 3, the division shall combine the income, operating expenses and data concerning utilization reported by a rural affiliate or subsidiary with the income, operating expenses and data reported by the nonprofit hospital that is subject to the provisions of subsection 3. To qualify for inclusion in the calculation, the affiliate or subsidiary must:
(a) Be licensed pursuant to chapter 449 of NRS;
(b) Be located in a county whose population is 30,000 or less; and
κ1989 Statutes of Nevada, Page 415 (CHAPTER 190, AB 39)κ
(c) Submit evidence to the director of its relationship to the nonprofit hospital before July 31 of the fiscal year following the fiscal year for which the affiliate or subsidiary chooses to be included in the calculation.
14. The director may adopt such regulations as he deems necessary to carry out the provisions of this section.
[14.] 15. As used in this section:
(a) Affiliate means a nonprofit hospital or a nonprofit facility for skilled nursing that is based in a hospital in Nevada which is controlled by a hospital subject to the provisions of this section, the parent corporation of such a hospital, a subsidiary, or the principal stockholders or officers or directors of any of the foregoing.
(b) Director means the director of the department of human resources.
[(b)] (c) Division means the division for review of health resources and costs of the department of human resources.
[(c)] (d) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(e) Fiscal year means a period beginning on July 1 and ending on June 30 of the following year.
[(d)] (f) Income means all revenues earned from the care of inpatients, as determined by the division from reports submitted to the division by a hospital, minus operating expenses, before the payment of income taxes.
[(e)] (g) Net revenue per inpatient admission means all revenues earned from medical care provided to inpatients by a hospital, excluding income from inpatients covered by Medicare or Medicaid, divided by the number of inpatients admitted, excluding inpatients covered by Medicare or Medicaid.
[(f)] (h) Operating expenses means expenses of operation of a hospital which the division determines to be an allowable operating expense including:
(1) All operating expenses allowed by the Health Care Financing Administration for hospitals which receive payments for Medicare;
(2) Expenses for capital expenditures approved pursuant to NRS 439A.100; and
(3) Other operating expenses which the division determines to be directly related to the provision of care to inpatients.
[(g)] (i) Percentage of income to operating expenses means income divided by operating expenses and then multiplied by 100.
(j) Subsidiary means a nonprofit hospital or a nonprofit facility for skilled nursing that is based in a hospital in Nevada which is under the practical control of a hospital subject to the provisions of this section or the parent corporation of such a hospital.
Sec. 2. This act becomes effective upon passage and approval and applies to the obligations and liabilities of a hospital for the fiscal year 1988-89.
________
κ1989 Statutes of Nevada, Page 416κ
Assembly Bill No. 345Assemblymen Sedway, Dini and Brookman
CHAPTER 191
AN ACT relating to physicians; revising the requirement for medical experience for licensing as a physician; expanding the provisions regarding waiver of the residency requirement; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the board a license authorizing him to practice.
2. Except as otherwise provided in NRS 630.164, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has completed the course of study set forth in NRS 630.162 and received the degree of Doctor of Medicine from a medical school:
(1) Approved by the Liaison Committee for Medical Education of the American Medical Association and American Association of Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee for Medical Education,
which he attended [the] for a total of 2 years immediately preceding the granting of the degree;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination; or
(3) All parts of a licensing examination given by any state or territory of the United States if the applicant is certified by a specialty board of the American Board of Medical Specialties [. Any] , but any licensee licensed under this subparagraph must be issued a license to practice medicine in this state restricted to practice in the area of his certification only;
(d) Has completed 3 years of:
(1) Graduate education as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and
(e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b) of subsection 2.
κ1989 Statutes of Nevada, Page 417 (CHAPTER 191, AB 345)κ
Sec. 2. NRS 630.164 is hereby amended to read as follows:
630.164 1. The board of county commissioners of a county [whose population is less than 18,000] may petition the board of medical examiners to waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county [.] as that term is defined by the officer of rural health of the University of Nevada School of Medicine. The board of medical examiners may waive that requirement and issue a license if the applicant:
(a) Is a graduate of a medical school in the United States or Canada approved by the Liaison Committee for Medical Education of the American Medical Association or the Committee for Accreditation of Canadian Medical Schools of the Canadian Medical Association, respectively;
(b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively; [and]
(c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician in the United States or Canada; and
(d) Meets all other conditions and requirements for a license to practice medicine.
2. Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver [only. He shall] or for the state agency or the University of Nevada System, as applicable. He may apply to the board of medical examiners for renewal of that [waiver] restricted license every 2 years after he is licensed.
3. Any person holding a restricted license pursuant to subsection 1 who completes 3 years of such practice may apply to the board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.
________
κ1989 Statutes of Nevada, Page 418κ
Senate Bill No. 303Committee on Judiciary
CHAPTER 192
AN ACT relating to unclaimed property; excluding unredeemed gaming chips and tokens from the provisions governing the disposition of unclaimed property; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 120A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of this chapter do no apply to gaming chips or tokens which are not redeemed at an establishment.
2. As used in this section:
(a) Establishment has the meaning ascribed to it in NRS 463.0148.
(b) Gaming chip or token means any object which may be redeemed at an establishment for cash or any other representative of value.
________
Senate Bill No. 83Committee on Human Resources and Facilities
CHAPTER 193
AN ACT relating to medical malpractice screening panels; making various changes concerning the proceedings before the screening panels; repealing the prospective expiration of certain provisions concerning screening panels and the limitation of medical malpractice actions; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The commissioner of insurance shall arrange for courses of instruction in the rules of procedure and substantive law appropriate for members of a screening panel.
2. Each person designated to serve on a tentative screening panel on or after July 1, 1989, shall attend the instruction provided pursuant to subsection 1 before serving on a particular screening panel.
Sec. 3. Health care records means any written reports, notes, orders, photographs, X-rays or other written record received or produced by a provider of health care, or any person employed by him, which contains information relating to the medical history, examination, diagnosis or treatment of the patient.
κ1989 Statutes of Nevada, Page 419 (CHAPTER 193, SB 83)κ
Sec. 4. NRS 41A.003 is hereby amended to read as follows:
41A.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41A.006, 41A.009 and 41A.013 , and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 41A.023 is hereby amended to read as follows:
41A.023 1. The board of governors of the Nevada Trial Lawyers Association [shall designate 20] may designate 40 of its members to serve on the northern tentative screening panel and [20] 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
2. The executive committee of the Nevada State Medical Association [shall designate 20] may designate 40 of its members to serve on the northern tentative screening panel and [20] 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
3. The Nevada Hospital Association [shall designate 20] may designate 40 administrators of hospitals and other persons employed by hospitals in management positions to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.
Sec. 6. NRS 41A.033 is hereby amended to read as follows:
41A.033 The division, through the commissioner of insurance:
1. Shall maintain a list of the names of the attorneys, physicians, administrators of hospitals and persons employed by hospitals in management positions on the northern tentative screening panel and on the southern tentative screening panel;
2. Shall select the members of the screening panels;
[2.] 3. Shall schedule the hearings for those panels;
[3.] 4. Shall obtain [such medical records] , before or after the filing of the complaint, such health care records, statements of policy and procedure, and other materials as may be required by the parties or the screening panel [to carry out its duties;
4. May] in connection with the claim;
5. Shall charge and collect a reasonable fee for copying materials produced under subpena;
6. For good cause shown, may authorize extensions of time for the filing of:
(a) An answer, not to exceed 60 days;
(b) A response, not to exceed 10 days; and
(c) Continuances,
for the proceedings involving a screening panel; and
[5.] 7. May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to NRS 41A.003 to 41A.069, inclusive.
Sec. 7. NRS 41A.039 is hereby amended to read as follows:
41A.039 1. A claim of medical malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of [$250] $350 must accompany the complaint. [A copy of the complaint must be delivered by certified or registered mail to the person against whom the complaint is made.]
κ1989 Statutes of Nevada, Page 420 (CHAPTER 193, SB 83)κ
2. The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice.
3. The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the division, accompanied by a fee of [$250.] $350.
4. The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.
5. A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.
6. The fees provided by this section must not be charged or collected more than once:
(a) From any party; or
(b) For the filing of any complaint, regardless of the number of parties joined in the complaint.
Sec. 8. NRS 41A.043 is hereby amended to read as follows:
41A.043 1. Within [15] 35 days after the expiration of the time in which to answer the complaint of medical malpractice, the division shall [provide to both parties lists of names of the attorneys, physicians and, if a hospital is also named in the complaint, the administrators of hospitals on the tentative screening panel for the geographical area involved.] hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause [. Each party shall return the lists, with challenges for cause, if any, and a concise statement of the ground for any challenge, to the division within 5 days after he receives the lists.] on any of the grounds provided by NRS 16.050 for the challenge of jurors.
2. The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members [within 7 days after it makes the determination pursuant to the rules adopted by the division.
3. Each] no later than the completion of the conference required by subsection 1.
3. Except as otherwise provided in this subsection, each party is entitled to not more than:
(a) Three peremptory challenges from the list of attorneys; and
(b) Three peremptory challenges from the list of physicians . [, and]
In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the [challenges within 5 days after the party receives the lists of the members remaining after any challenges for cause.]
κ1989 Statutes of Nevada, Page 421 (CHAPTER 193, SB 83)κ
days after the party receives the lists of the members remaining after any challenges for cause.] challenge at the conference required by subsection 1.
4. The division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but [an administrator] the representative of a hospital may not vote on any claim before the screening panel.
5. The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list.
6. If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.
Sec. 9. NRS 41A.046 is hereby amended to read as follows:
41A.046 1. The division may , by certified or registered mail, issue subpenas as may be required by the screening panel, to compel the attendance of expert witnesses and , as may be required by the parties or the screening panel, to compel the production of books [and papers.] , papers, health care records, statements of policy and procedure or other materials.
2. The division shall keep the material so produced and make it available to the parties, upon request, for inspection or copying. If the material is reasonably capable of being copied, the division shall provide a copy to the parties, upon request and receipt of a fee for the copying.
3. If any expert witness refuses to attend or testify or if any person refuses to produce any [books or papers] materials as required by the subpena, the division may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the expert witness or for the production of the [books or papers;] materials;
(b) The expert witness or the person required to produce the [books or papers] materials has been subpenaed by the division pursuant to this section; and
(c) The expert witness has failed or refused to attend or the person has failed or refused to produce the [books or papers] materials required by the subpena , [before the screening panel named in the subpena,] or has refused to answer questions propounded to him,
and asking for an order of the court compelling the expert witness to attend and testify or the other person to produce the [books or papers before the screening panel.
3.] materials.
κ1989 Statutes of Nevada, Page 422 (CHAPTER 193, SB 83)κ
4. Upon receiving such a petition, the court shall enter an order directing the expert witness or other person to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and show cause why he has not attended or testified or produced the [books or papers before the screening panel.] materials. A certified copy of the order must be served upon the expert witness or other person.
[4.] 5. If it appears to the court that the subpena was regularly issued by the division, the court shall enter an order that the expert witness or other person appear [before the screening panel] at the time and place fixed in the order and testify or produce the required [books or papers,] materials, and upon his failure to obey the order, the expert witness or other person must be dealt with as for contempt of court.
Sec. 10. NRS 41A.049 is hereby amended to read as follows:
41A.049 1. A claim must be heard by the screening panel within 30 days after the panel is selected.
2. The screening panel shall consider all the documentary material, including the complaint [and answer, any medical] , answer and response, health care records and records of a hospital or office and the testimony of any expert witnesses the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical malpractice and that the claimant was injured thereby. Except for the issue of whether there is a reasonable probability of medical malpractice and whether the claimant was injured thereby, the screening panel shall not consider any pleading or paper to the extent that it addresses a legal issue presented by the claim or a legal argument of a party.
[2.] 3. Copies of the original complaint and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:
(a) The board of medical examiners; and
(b) The county medical society of the county in which the alleged malpractice occurred.
[3.] 4. The commissioner of insurance shall mail to the parties a copy of the findings of the screening panel concerning the complaint.
[4.] 5. The written findings must be based upon a vote of the members of the screening panel made by written ballot, must be rendered within 5 days after the review and must be in substantially the following form:
(a) Based upon a review of the [written medical records of this claim] materials submitted by the parties and the testimony of medical experts (if any were called) we find that there is a reasonable probability of medical malpractice and that the claimant was injured thereby;
(b) Based upon a review of the [written medical records of this claim] materials submitted by the parties and the testimony of medical experts (if any were called) we find there is no reasonable probability of medical malpractice; or
(c) Based upon a review of the [written medical records of this claim] materials submitted by the parties and the testimony of medical experts (if any were called) we are unable to reach a decision on the issue of a medical malpractice.
κ1989 Statutes of Nevada, Page 423 (CHAPTER 193, SB 83)κ
any were called) we are unable to reach a decision on the issue of a medical malpractice.
6. Whenever four members of the screening panel are unable to find that there is reasonable probability of medical malpractice and that the claimant was injured thereby or that there is no reasonable probability of medical malpractice, the screening panel shall be deemed unable to reach a decision on the issue and shall make a finding to that effect.
Sec. 11. NRS 41A.056 is hereby amended to read as follows:
41A.056 1. If the screening panel finds in favor of the claimant and a cause of action involving medical malpractice is thereafter filed in district court, a conference for settlement must be held as provided in NRS 41A.059.
2. If the determination is not in favor of the claimant, the claimant may file an action in court . [after posting a $5,000 bond or its equivalent with the division pending a final adjudication on the merits.] If the claimant does not obtain a judgment in his favor in court, [the bond is forfeited, and the money must be deposited in the account for the screening panels.] the defendant must be awarded reasonable costs and attorneys fees incurred after the date of filing the action in court.
3. If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the complaint.
Sec. 12. NRS 41A.059 is hereby amended to read as follows:
41A.059 1. In any action for medical malpractice filed in a district court after a determination by a screening panel that there is a reasonable probability that medical malpractice occurred and that the plaintiff was injured thereby, [the judge shall order] the plaintiff, the defendant, the representative of the physicians insurer and, if applicable, the hospitals insurer and their respective attorneys [to] shall attend a conference for settlement before a district judge, other than the judge assigned to the case, to determine the amount of the plaintiffs damages. The judge [may,] before whom the conference is held:
(a) Must be selected randomly by the clerk of the court upon filing of the notice pursuant to subsection 2, except that he may not be the judge assigned to the case.
(b) May, for good cause shown, waive the attendance of any party. [The judge shall]
(c) Shall decide what information the parties may submit at the conference.
2. In any such action, the responsive pleading of the defendant must be accompanied by a notice to the clerk [of the court] that the case [is ready] must be scheduled for a conference for settlement. If this notice is not filed by the defendant, it may be filed by any other party. The clerk shall immediately notify the judge before whom the conference is to be held of the receipt of that notice. The judge shall notify the parties, within 7 days after the receipt of the notice, of the time and place of the conference, which must not be later than [60] 30 days after the receipt of the notice. The judge before whom the conference is to be held may, for good cause shown, continue the conference for a period not to exceed [30] 15 days. Only one such continuance may be granted.
κ1989 Statutes of Nevada, Page 424 (CHAPTER 193, SB 83)κ
3. Within [30] 15 days after the conference, the judge before whom the conference was held shall determine, solely from the information submitted at the conference, the reasonable value of the claim for purposes of settlement and shall so notify the parties [.] in writing.
4. Within 14 days after receipt of the determination of the judge, the defendant shall offer to the plaintiff the amount determined by the judge or reject the determination. If the defendant rejects the determination [, he shall post a $5,000 bond or its equivalent with the division pending a final adjudication on the merits. If] and the plaintiff is awarded an amount [equal to or] greater than the amount of the determination, [the bond is forfeited, and the money must be deposited in the account for the screening panels.] the plaintiff must be awarded reasonable costs and attorneys fees incurred after the date of the rejection.
5. Within 14 days after the receipt of the defendants offer of the amount determined by the judge, the plaintiff shall accept or reject the offer. If the plaintiff rejects the offer [, he shall post a $5,000 bond or its equivalent with the division pending a final adjudication on the merits. If] and the plaintiff is awarded an amount [equal to or] less than the amount of the offer, [the bond is forfeited, and the money must be deposited in the account for the screening panels.
6. Upon application of either party filed within 14 days after the posting of a bond pursuant to this section, the judge who presided over the conference shall rescue himself from further proceedings concerning the action, and another judge must be appointed to take his place. No fee may be charged for filing this application.] the defendant must be awarded reasonable costs and attorneys fees incurred after the date of the rejection.
Sec. 13. NRS 41A.097 is hereby amended to read as follows:
41A.097 1. Except as provided in subsection 2, an action for injury or death against a provider of health care [shall] may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or wrongful death of a person, based upon alleged professional negligence of the provider of health care;
(b) Injury to or wrongful death of a person from professional services rendered without consent; or
(c) Injury to or wrongful death of a person from error or omission in practice by the provider of health care.
2. This time limitation is tolled:
(a) For any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to him.
(b) In any action [pursuant to] governed by the provisions of NRS 41A.003 to 41A.069, inclusive, from the date a claimant files a complaint for review by a screening panel until 30 days after the date the panel notifies the claimant, in writing, of its findings. The provisions of this paragraph apply to an action against the provider of health care and to an action against any person, government or political subdivision of a government who is alleged by the claimant to be liable vicariously for the medical malpractice of the provider of health care, if the provider, person, government or political subdivision has received notice of the filing of a complaint for review by a screening panel within the limitation of time provided in subsection 1.
κ1989 Statutes of Nevada, Page 425 (CHAPTER 193, SB 83)κ
provider of health care, if the provider, person, government or political subdivision has received notice of the filing of a complaint for review by a screening panel within the limitation of time provided in subsection 1.
3. For purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:
(a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.
4. As used in this section, provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
Sec. 14. The commissioner of insurance shall, within 30 days after the effective date of this act, exonerate any bond, or return to the depositor other collateral held in lieu of a bond, that was posted pursuant to NRS 41A.056 or 41A.059.
Sec. 15. Section 24 of chapter 620, Statutes of Nevada 1985, is hereby amended to read as follows:
Sec. 24. [The provisions] Sections 6 and 18.7 of this act expire by limitation on June 30, 1989.
Sec. 16. This act becomes effective upon passage and approval.
________
Senate Bill No. 13Senator Jacobsen
CHAPTER 194
AN ACT relating to state financial administration; terminating an appropriation made to the division of water resources of the state department of conservation and natural resources for a flood control project which was not undertaken; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The appropriation of $50,000 from the state general fund to the division of water resources of the state department of conservation and natural resources for the financing of the nonfederal costs for the Gleason Creek flood control project made by section 1 of chapter 237, Statutes of Nevada 1973, at page 291, is hereby terminated.
κ1989 Statutes of Nevada, Page 426 (CHAPTER 194, SB 13)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 106Committee on Finance
CHAPTER 195
AN ACT relating to the legislative committee on public lands; conforming the amount of compensation paid to members of the committee who are state legislators to compensation provided to members of other permanent legislative committees; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.5365 is hereby amended to read as follows:
218.5365 1. The members of the committee shall met throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. [The] Except during a regular or special session of the legislature, the members of the committee who are state legislators are entitled to receive [a salary of $80 and the subsistence allowances] the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session and the per diem allowance and travel expenses provided for state officers and employees generally for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, [salary] compensation and travel expenses of the legislative members of the committee must be paid from the legislative fund.
3. The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 427κ
Senate Bill No. 145Senator Rhoads
CHAPTER 196
AN ACT making an appropriation to the youth services division of the department of human resources for various improvements to the Nevada youth training center; and providing other matters properly relating thereto.
[Approved May 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 youth services division of the department of human resources the sum of $59,329 for various improvements to the Nevada youth 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.
________
Senate Bill No. 162Senator Getto
CHAPTER 197
AN ACT making an appropriation to the youth services division of the department of human resources for mobile classrooms for the Nevada girls training center; and providing other matters properly relating thereto.
[Approved May 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 youth services division of the department of human resources the sum of $50,000 for mobile classrooms for 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.
________
κ1989 Statutes of Nevada, Page 428κ
Assembly Bill No. 15Assemblymen Spinello, Thompson, Myrna Williams, Evans, Humke and Sedway
CHAPTER 198
AN ACT relating to mental health care; requiring the mental hygiene and mental retardation division of the department of human resources to carry out a program for the certification of certain employees of the division; eliminating the requirement that the administrator of the division appoint a person to receive and investigate complaints in facilities of the division; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians, employed by the division, or other employees of the division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the University of Nevada System.
2. A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatrist, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, mental health-mental retardation technician means an employee of the division who, for compensation or personal profit, implements procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons, and who has direct responsibility for:
(a) Administering or implementing specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.
Sec. 2. The mental hygiene and mental retardation division of the department of human resources shall submit to the 66th session of the Nevada legislature a plan specifying the vocational and educational program for the certification of persons employed by the division required by section 1 of this act.
κ1989 Statutes of Nevada, Page 429 (CHAPTER 198, AB 15)κ
certification of persons employed by the division required by section 1 of this act.
Sec. 3. NRS 433.254 is hereby amended to read as follows:
433.254 1. The administrator serves at the pleasure of the governor and shall:
(a) Serve as the executive officer of the division;
(b) Administer the division in accordance with the policies established by the commission;
(c) Make an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe; and
(d) Employ, within the limits of available money, the assistants and employees necessary to the efficient operation of the division.
2. The administrator shall appoint the administrative personnel necessary to operate the programs of the division, including an associate administrator for mental retardation. The commission must approve the credentials, training and experience of deputy administrators [,] and heads of enumerated institutions . [, and persons appointed pursuant to NRS 433.475.] He shall delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of the facilities of the division.
3. If the administrator finds that it is necessary or desirable that any employee reside at a facility operated by the division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the governor.
4. The administrator may accept persons referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
Sec. 4. NRS 433.475 is hereby repealed.
Sec. 5. Section 1 of this act becomes effective on July 1, 1991.
________
Assembly Bill No. 395Assemblymen McGinness, Carpenter, Sheerin, Lambert, Gaston, Regan, Spriggs, Kissam and Wendell Williams
CHAPTER 199
AN ACT relating to pupils; allowing a school flexibility in enforcing the prohibition against possession of a dangerous weapon by a pupil; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this subsection, any pupil who commits a battery which results in the bodily injury of an employee of the school [or who is found in possession of a dangerous weapon, except as provided in subsection 2,] or sells or distributes any controlled substance, while on the premises of any public school , at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school.
κ1989 Statutes of Nevada, Page 430 (CHAPTER 199, AB 395)κ
provided in subsection 2,] or sells or distributes any controlled substance, while on the premises of any public school , at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school. [Any pupil in grades one to six, inclusive, or any pupil who is participating in a program of special education for children who are impaired either emotionally or mentally in growth and development may be suspended from school or permanently expelled from school pursuant to this subsection only after the board of trustees of the school district has reviewed the circumstances and approved this action.
2. Subsection 1]
2. Except as otherwise provided in subsection 3, any pupil who is found in possession of a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus may, for the first occurrence, be suspended or expelled from the school, although he may be placed in another kind of school for a period not to exceed the equivalent of one semester for that school. A pupil must not be allowed to remain in school unless the administrator determines that the pupil does not pose a threat to the personnel of the school or the other pupils. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school.
3. Subsection 2 does not prohibit a pupil from having in his possession a knife or firearm with the approval of a teacher or administrator of the school. A teacher or administrator may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
[3.] 4. Any pupil in grades 1 to 6, inclusive, or any pupil who is participating in a program of special education for children who are impaired, either emotionally or mentally in growth and development, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action.
5. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes , without limitation, a [knife,] blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance [,] or device, dirk, dagger, pistol, revolver or other firearm [.] , a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350.
_______
κ1989 Statutes of Nevada, Page 431κ
Assembly Bill No. 226Assemblyman Sader
CHAPTER 200
AN ACT relating to anatomical gifts; making various changes in the Uniform Anatomical Gift Act; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Anatomical gift means a donation of all or part of a human body to take effect upon or after death.
Sec. 3. Document of gift means a card, a statement attached to or imprinted on a motor vehicle operators or chauffeurs license, a will, or other writing used to make an anatomical gift.
Sec. 4. Enucleator means a person who is authorized by NRS 451.583 to enucleate an eye of a dead person.
Sec. 5. Procurement organization means a person licensed, accredited or approved under the laws of the State of Nevada for procurement, distribution or storage of human bodies or parts.
Sec. 5.5. Technician means a person who, under the supervision of a licensed physician, removes or processes a part.
Sec. 6. 1. Any member of the following classes of persons, in the order of the priority listed, may make an anatomical gift of all or a part of the decedents body for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
(a) The spouse of the decedent;
(b) An adult son or daughter of the decedent;
(c) Either parent of the decedent;
(d) An adult brother or sister of the decedent;
(e) A grandparent of the decedent; and
(f) A guardian of the person of the decedent at the time of death.
The legal procedure for authorization must be defined and established by the committee on anatomical dissection established by the University of Nevada System.
2. An anatomical gift may not be made by a person listed in subsection 1 if:
(a) A person in a prior class is available at the time of death to make an anatomical gift;
(b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the persons class or a prior class.
3. An anatomical gift by a person authorized under subsection 1 must be made by:
(a) A document of gift signed by him; or
κ1989 Statutes of Nevada, Page 432 (CHAPTER 200, AB 226)κ
(b) His telegraphic, recorded telephonic or other recorded message, or other form of communication from him that is contemporaneously reduced to writing and signed by the recipient.
4. An anatomical gift by a person authorized under subsection 1 may be revoked by any other member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, technician or enucleator removing the part knows of the revocation.
5. A failure to make an anatomical gift under subsection 1 is not an objection to the making of an anatomical gift.
Sec. 7. (Deleted by amendment.)
Sec. 8. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
Sec. 9. 1. A person shall not knowingly, for valuable consideration, purchase or sell a part for transplantation or therapy.
2. Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transportation or implantation of a part.
3. A person who violates this section is guilty of a felony and upon conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years, or both.
Sec. 10. 1. An anatomical gift authorizes any reasonable examination necessary to assure medical acceptability of the gift for the purposes intended.
2. A hospital, physician, coroner, local health officer, enucleator, technician or other person, who acts in accordance with the terms of NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive, of this act or with any other laws of the State of Nevada relating to anatomical gifts, or attempts in good faith to do so, is not liable for that act in a civil action or criminal proceeding.
3. A person who makes an anatomical gift pursuant to NRS 451.560 or section 6 of this act and his estate are not liable for any injury or damage that may result from the making or the use of the anatomical gift.
Sec. 11. NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive, of this act, apply to a document of gift, revocation or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on or after October 1, 1989.
Sec. 12. NRS 451.010 is hereby amended to read as follows:
451.010 1. The right to dissect the dead body of a human being [shall be] is limited to cases:
(a) Specially provided by statute or by the direction or will of the deceased.
(b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as he may authorize dissection.
(c) Where the husband, wife or next of kin charged by law with the duty of burial [shall] authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.
κ1989 Statutes of Nevada, Page 433 (CHAPTER 200, AB 226)κ
(d) Where authorized by the provisions of NRS 451.350 to 451.470, inclusive.
(e) Where authorized by the provisions of NRS 451.500 to 451.585, inclusive [.] , and sections 2 to 11, inclusive, of this act.
2. Every person who [shall make, cause or procure] makes, causes or procures to be made any dissection of the body of a human being, except as provided in subsection 1, [shall be] is guilty of a gross misdemeanor.
Sec. 13. NRS 451.500 is hereby amended to read as follows:
451.500 NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive, of this act, may be cited as the Uniform Anatomical Gift Act.
Sec. 14. NRS 451.505 is hereby amended to read as follows:
451.505 NRS 451.500 to 451.585, inclusive, [shall be so construed as] and sections 2 to 11, inclusive, of this act, must be applied and construed to effectuate their general purpose to make uniform the law [of those states which enact them.] with respect to the subject of the Uniform Anatomical Gift Act among states enacting it.
Sec. 15. NRS 451.510 is hereby amended to read as follows:
451.510 Unless the context otherwise requires, as used in NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive of this act, the words and terms defined in NRS [451.515] 451.520 to 451.550, inclusive, and sections 2 to 5.5, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 16. NRS 451.520 is hereby amended to read as follows:
451.520 Decedent means a deceased [individual] person and includes a stillborn infant or fetus.
Sec. 17. NRS 451.525 is hereby amended to read as follows:
451.525 Donor means [an individual who makes a] a person who makes an anatomical gift of all or part of his body.
Sec. 18. NRS 451.530 is hereby amended to read as follows:
451.530 Hospital means a [hospital] facility licensed, accredited or approved as a hospital under the laws of the State of Nevada [, but includes a hospital operated] or a facility operated as a hospital by the United States Government, the state or a subdivision [thereof, although not required to be licensed under state laws.] of the state.
Sec. 19. NRS 451.535 is hereby amended to read as follows:
451.535 Part means [organs, tissues, eyes, bones, arteries, blood, other fluids and any other portions] an organ, tissue, eye, bone, artery, blood, fluid or other portion of a human body.
Sec. 20. NRS 451.545 is hereby amended to read as follows:
451.545 Physician means a person licensed or otherwise authorized to practice [as a physician or surgeon] medicine and surgery or osteopathy and surgery under the laws of any state.
Sec. 21. NRS 451.550 is hereby amended to read as follows:
451.550 State [includes any state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America.] means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
κ1989 Statutes of Nevada, Page 434 (CHAPTER 200, AB 226)κ
Sec. 22. NRS 451.555 is hereby amended to read as follows:
451.555 1. Any [individual of sound mind and] person who is at least 18 years of age [or more may give all or any part of his body for any purpose specified in NRS 451.560, the gift to take effect upon death.
2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedents body for any purpose specified in NRS 451.560:
(a) The spouse.
(b) An adult son or daughter.
(c) Either parent.
(d) An adult brother or sister.
(e) A guardian of the person of the decedent at the time of his death.
(f) Any other person authorized or under obligation to dispose of the body.
The legal procedure for authorization shall be defined and established by the committee on anatomical dissection established by the University of Nevada System.
3. If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized under subsection 2 may make the gift after or immediately before death.
4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
5. The rights of the donee created by the gift are paramount to the rights of others except as provided by NRS 451.585.] may:
(a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;
(b) Limit an anatomical gift to one or more of those purposes; or
(c) Refuse to make an anatomical gift.
2. An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
3. If a document of gift is attached to or imprinted on a donors motor vehicle operators or chauffeurs license, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.
4. A document of gift may designate a particular physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
5. An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
6. A donor may amend or revoke an anatomical gift, not made by will, only by:
κ1989 Statutes of Nevada, Page 435 (CHAPTER 200, AB 226)κ
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
7. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 6.
8. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donors death.
9. A person may refuse to make an anatomical gift of his body or part by:
(a) A writing signed in the same manner as a document of gift;
(b) A statement attached to or imprinted on his motor vehicle operators or chauffeurs license; or
(c) Any other writing used to identify him as refusing to make an anatomical gift.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
10. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 6 of this act.
11. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 9.
Sec. 23. NRS 451.560 is hereby amended to read as follows:
451.560 1. The following persons may become donees of anatomical gifts [of bodies or parts thereof] for the purposes stated:
[1. Any]
(a) A hospital, physician [or dentist, for] , dentist or procurement organization, for transplantation, therapy, medical or dental education, research [,] or advancement of medical or dental science [, therapy or transplantation.
2. Any] ;
(b) An accredited medical or dental school, college or university, for education, research [,] or advancement of medical or dental science [or therapy.
3. Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
4. Any specified person, for therapy of transplantation needed by him.] ; or
(c) A designated person, for transplantation or therapy needed by that person.
2. An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital or procurement organization.
κ1989 Statutes of Nevada, Page 436 (CHAPTER 200, AB 226)κ
3. If the donee knows of the decedents refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under subsection 1 of section 6 of this act, the donee shall not accept the anatomical gift.
Sec. 24. NRS 451.570 is hereby amended to read as follows:
451.570 1. Delivery of a document of gift during the donors lifetime is not required for the validity of an anatomical gift.
2. If [the] an anatomical gift is made [by the donor to a specified donee, the will, card or other document, or an executed copy thereof,] to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures [immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document, or an executed copy thereof,] after death. The document of gift, or a copy, may be deposited in any hospital, [bank or storage facility] procurement organization or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of [any interested party] a person listed in subsection 1 of section 6 of this act, upon or after the donors death, the person in possession shall [produce the document for examination.] allow the person making the request to examine or copy the document of gift.
Sec. 25. NRS 451.577 is hereby amended to read as follows:
451.577 1. Every hospital shall establish policies and procedures to identify potential donors. The policies and procedures must require the administrator of the hospital or his representative:
[1.] (a) To determine whether a person is a donor.
[2.] (b) If the person is not a donor, to determine if the person is a potential donor including the consideration of:
[(a)] (1) His religious and cultural beliefs; and
[(b)] (2) The suitability of his organs and tissues for donation.
[3.] (c) At or near the time of death of a person identified as a potential donor, to request the person designated in subsection [2 of NRS 451.555,] 1 of section 6 of this act, in the stated order of priority if persons in a prior class are not available, to consent to the gift of all or any part of the decedents body as an anatomical gift.
[4.] (d) If he has actual knowledge of a contrary intent of the decedent or opposition by a person in the same class as or a prior class than a person who has consented to an anatomical gift, not to procure an anatomical gift.
[5.] (e) If an anatomical gift is made, to notify an organization which procures organs and tissues and cooperate in the procurement of the anatomical gift.
2. The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as a person who has refused to make an anatomical gift:
(a) A law enforcement officer, fireman, emergency medical technician or other emergency rescuer finding a person who the searcher believes is dead or near death; and
(b) A hospital, upon the admission of a person at or near the time of death, if there is not immediately available any other source of that information.
κ1989 Statutes of Nevada, Page 437 (CHAPTER 200, AB 226)κ
3. If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by paragraph (a) of subsection 2, and the person or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.
4. If, at or near the time of death of a patient, a hospital knows than an anatomical gift has been made pursuant to subsection 1 of section 6 of this act or that a patient or a person identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital, or if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.
5. A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but is subject to appropriate administrative sanctions.
Sec. 26. NRS 451.580 is hereby amended to read as follows:
451.580 1. [The] Rights of a donee created by an anatomical gift are superior to rights of others except with respect to autopsies under NRS 451.585. A donee may accept or reject [the] an anatomical gift. If [the] a donee accepts [a] an anatomical gift of [the] an entire body, [he may,] the donee, subject to the terms of the gift, [authorize] may allow embalming and [the] use of the body in funeral services. If the gift is of a part of [the] a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the [surviving spouse, next of kin, or other persons] person under obligation to dispose of the body.
2. The time of death must be determined by a physician who [tends] attends the donor at [his] death, or, if none, the physician who certifies the death. [The physician shall not] Neither the physician who attends the donor at death nor the physician who determines the time of death may participate in the procedures for removing or transplanting a part [.
3. A person who acts or fails to act in good faith in accord with the terms of NRS 451.500 to 451.585, inclusive, or with any other laws of the State of Nevada relating to anatomical gifts is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.] unless the document of gift designates a particular physician pursuant to subsection 4 of NRS 451.555.
3. If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician.
Sec. 27. NRS 451.585 is hereby amended to read as follows:
451.585 The provisions of NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive, of this act, are subject to the laws of this state [prescribing powers and duties with respect to] governing autopsies.
Sec. 28. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall upon payment of the required fee issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive, which license must bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license.
κ1989 Statutes of Nevada, Page 438 (CHAPTER 200, AB 226)κ
distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.
2. The department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriffs department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which it was issued.
5. A person may attach to his drivers license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive [.] , and sections 2 to 11, inclusive of this act.
Sec. 29. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) Name and sample signature of holder.
(b) Social security number or serial number of holders card.
(c) Personal description.
(d) Date of birth.
(e) Current address.
(f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.
4. A person may attach to his identification card any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive [.] , and sections 2 to 11, inclusive, of this act.
Sec. 30. NRS 451.515, 451.565 and 451.575 are hereby repealed.
________
κ1989 Statutes of Nevada, Page 439κ
Assembly Bill No. 99Assemblymen Humke, Gaston, Sader, Arberry, Marvel, Evans, Sedway, Swain, DuBois, Triggs, McGinness and Spriggs
CHAPTER 201
AN ACT relating to children; establishing that persons who render child care services are responsible for the welfare of the children they serve; establishing a specific limit on the maximum time for mandatory reporting of suspicion of child abuse or neglect; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.130 is hereby amended to read as follows:
432B.130 A person is responsible for a childs welfare under the provisions of this chapter if he is the childs parent, guardian or foster parent, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides [.] or is receiving child care outside of his home for a portion of the day.
Sec. 2. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. A report must be made [immediately] to an agency which provides protective services or to a law enforcement agency [when] immediately, but in no event later than 24 hours after there is reason to believe that a child has been abused or neglected. If the report of abuse or neglect of a child involves the acts or omissions of [an] :
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the report must be made to a law enforcement agency.
(b) An agency which provides protective services or a law enforcement agency, the report must be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
κ1989 Statutes of Nevada, Page 440 (CHAPTER 201, AB 99)κ
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; and
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
3. A report may be made by any other person.
4. Any person required to report under this section who has reasonable cause to believe that a child has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings, which must include the information required under the provisions of subsection 2 of NRS 432B.230.
Sec. 3. NRS 432B.260 is hereby amended to read as follows:
432B.260 1. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any, and, within 3 working days, initiate an investigation. A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.
2. An agency which provides protective services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
________
κ1989 Statutes of Nevada, Page 441κ
Assembly Bill No. 21Assemblymen Nevin, Fay, Myrna Williams, Schofield, Adler, Dini, Jeffrey, Carpenter, Porter, Callister, Kerns, Regan and Sedway
CHAPTER 202
AN ACT relating to public utilities; revising the authority of certain employees of the public service commission of Nevada to act as peace officers; prohibiting common motor carriers from giving free or reduced rates to contractors and their employees when carrying out a contract to which the carrier is a party; authorizing the commission to impose administrative fines against common or contract motor carriers or brokers, or their agents or employees, under certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.155 is hereby amended to read as follows:
703.155 1. The employees of the commission whom it designates as inspectors and as manager of transportation are peace officers and have police power for the enforcement of [all regulations of the commission or the department of motor vehicles and public safety pertaining to chapters] the provisions of:
(a) Chapters 704, 705 and 706 of NRS [.
2. The commissions inspectors and the manager of transportation are peace officers for the enforcement of chapters 482, 704, 705 and 706 of NRS.
3. The commissions inspectors and the manager of transportation are peace officers for the enforcement of chapters 483 and 484 of NRS for vehicles which are regulated pursuant to chapter 706 of NRS.
4.] and all regulations of the commission or the department of motor vehicles and public safety pertaining thereto; and
(b) Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.
2. Inspectors and the manager of transportation may carry firearms in the performance of their duties.
Sec. 2. NRS 703.110 is hereby amended to read as follows:
703.110 1. The majority of the commissioners have full power to act in all matters within their jurisdiction.
2. Any two or three commissioners may exercise all the powers of the commission if the majority of the commissioners is disqualified or if there are two or three vacancies within the commission.
3. [Public] Except as otherwise provided in this subsection, public hearings must be conducted by one or more commissioners. An administrative proceeding conducted pursuant to subsection 2 of NRS 706.711 may be conducted by a hearing officer designated by the chairman of the commission.
Sec. 3. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
κ1989 Statutes of Nevada, Page 442 (CHAPTER 202, AB 21)κ
(a) A common or contract motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced rates for transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit any common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 65 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) [Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(g)] Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of similar class.
[(h)] (g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of such free or reduced rates for transportation.
[(i)] (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
[(j)] (i) Students of institutions of learning.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
[(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.]
5. This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.
κ1989 Statutes of Nevada, Page 443 (CHAPTER 202, AB 21)κ
6. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
7. [Employees, as] As used in this section, employees includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling to enter the service of such a carrier.
Sec. 4. NRS 706.771 is hereby amended to read as follows:
706.771 1. Any common or contract motor carrier or broker, or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the commission or any lawful tariff on file with the commission or who fails, neglects or refuses to obey any [commission] lawful order of the commission or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of [not more than $500 per day, but] not more than $10,000 for any [related series of offenses.] violation. The penalty [shall] must be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.
2. If the commission does not bring an action to recover the penalty prescribed by subsection 1, the commission may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the commission or department pursuant to the provisions of this chapter. A fine imposed by the commission may be recovered by the commission only after a notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.
3. All administrative fines imposed and collected by the commission pursuant to subsection 2 must be payable to the state treasurer and credited to a separate account to be used by the commission to enforce the provisions of this chapter.
4. A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.
________
κ1989 Statutes of Nevada, Page 444κ
Assembly Bill No. 526Assemblymen Kerns, Bogaert, Gibbons, Lambert, Humke and Swain
CHAPTER 203
AN ACT relating to the City of Reno; amending the charter to authorize the city council to provide by ordinance for the schedule of its meetings; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.040 of chapter 662, Statutes of Nevada 1971, at page 1966, is hereby amended to read as follows:
Sec. 2.040 Meetings: Quorum.
1. The city council shall hold not less than two regular meetings [on the second and fourth Mondays of] each month. [If such days are legal holidays, the meeting shall be held on the next business day.] The times and dates of the meetings must be established by ordinance.
2. A majority of all the members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
3. Except as otherwise provided by law, all sessions and all proceedings of the city council [shall] must be public.
________
Assembly Bill No. 554Committee on Judiciary
CHAPTER 204
AN ACT relating to appellate procedure; amending the procedure for obtaining post-conviction relief; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 177.340 is hereby amended to read as follows:
177.340 A petition for post-conviction relief must be in substantially the following form:
κ1989 Statutes of Nevada, Page 445 (CHAPTER 204, AB 554)κ
Case No. ..............................................
Dept. No. .............................................
IN THE ............................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR ...........................
...............................................................................................
Petitioner
v. PETITION FOR
POST-CONVICTION
THE STATE OF NEVADA, RELIEF
Respondent (NRS 177.315 et seq.)
INSTRUCTIONS:
(1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
(2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.
(3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(4) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.
(5) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed.
(6) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted within 1 year after the final judgment of conviction, or within 1 year after the final decision in your appeal if you appealed your conviction. One copy must be mailed to the district attorney of the county in which you were convicted or to the original prosecutor. Copies must conform in all particulars to the original submitted for filing.
(7) Failure to follow these instructions may result in dismissal of your petition. Failure to state clearly and precisely the grounds upon which you make your claim for relief, and to state clearly and precisely the facts and circumstances which give rise to your claim, may result in dismissal of your petition.
κ1989 Statutes of Nevada, Page 446 (CHAPTER 204, AB 554)κ
PETITION
1. Did you personally prepare your petition? If not, who did? Give name and, if a prisoner, his prison number: ...........................................................................................................................
.......................................................................................................................................................
2. Name and location of court which entered the judgment of conviction under attack:
.......................................................................................................................................................
3. Date of judgment of conviction: .............................................................................
4. Length of sentence: ....................................................................................................
5. Nature of offense involved (all counts): .................................................................
6. What was your plea? (check one): ..........................................................................
(a) Not guilty................
(b) Guilty......................
(c) Nolo contendere................
If you entered a guilty plea to one count or indictment, and a not guilty plea to another court or indictment, or if the guilty plea was negotiated, give details:.............................................
.......................................................................................................................................................
.......................................................................................................................................................
7. Kind of trial (check one):
(a) Jury .........................
(b) Judge without a jury ............
8. Did you testify at the trial? Yes ............ No .............
9. Did you appeal from the judgment of conviction?
Yes ........... No ...............
10. If you did appeal, answer the following:
(a) Name of court: .............................................................................................................
(b) Result: ............................................................................................................................
(c) Date of result: ...............................................................................................................
11. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal?
Yes ............. No ..............
12. If you answer to No. 11 was yes, give the following information:
(a) (1) Name of court: .................................................................................................
(2) Nature of proceeding: ...........................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(3) Grounds raised: ......................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ............ No ...............
(5) Result: .....................................................................................................................
(6) Date of result: ........................................................................................................
(7) If known, citations of any written opinion or orders entered pursuant to such result:
.......................................................................................................................................................
.......................................................................................................................................................
κ1989 Statutes of Nevada, Page 447 (CHAPTER 204, AB 554)κ
(b) As to any second petition, application or motion give the same information:
(1) Name of court: ......................................................................................................
(2) Nature of proceeding: ...........................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(3) Grounds raised: ......................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ............ No ..............
(5) Result: .....................................................................................................................
(6) Date of result: ........................................................................................................
(c) As to any third petition, application or motion, give the same information:
(1) Name of court: ......................................................................................................
(2) Nature of proceeding: ...........................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(3) Grounds raised: ......................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes .......... No .............
(5) Result: .....................................................................................................................
(6) Date of result: ........................................................................................................
(d) Did you appeal to the highest state court having jurisdiction, the result of action taken on any petition, application or motion?
(1) First petition, application or motion?
Yes .......... No ............
(2) Second petition, application or motion?
Yes .......... No ............
(3) Third petition, application or motion?
Yes .......... No ............
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 x 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) .................................................
.......................................................................................................................................................
.......................................................................................................................................................
13. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion or application? If so, identify:
(a) Which of the grounds is the same: ...........................................................................
.......................................................................................................................................................
(b) The proceedings in which these grounds were raised:............................................
.......................................................................................................................................................
κ1989 Statutes of Nevada, Page 448 (CHAPTER 204, AB 554)κ
14. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting same.
(a) Ground one: ..................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):........................
.......................................................................................................................................................
.......................................................................................................................................................
(b) Ground two:...................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):........................
.......................................................................................................................................................
.......................................................................................................................................................
(c) Ground three:.................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):........................
.......................................................................................................................................................
.......................................................................................................................................................
(d) Ground four:..................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):........................
.......................................................................................................................................................
.......................................................................................................................................................
15. If any of the grounds listed above were not previously presented in any other court, state or federal, state briefly what grounds were not so presented, and give your reasons for not presenting them . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ......................................................................
.......................................................................................................................................................
.......................................................................................................................................................
16. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack?
Yes ............. No ..............
If yes, state what court:........................................................................................................
17. Give the name and address if known of each attorney who represented you in the following stages of the judgment under attack herein:
(a) At preliminary hearing:................................................................................................
.......................................................................................................................................................
(b) At arraignment and plea:............................................................................................
.......................................................................................................................................................
(c) At trial:............................................................................................................................
.......................................................................................................................................................
(d) At sentencing:................................................................................................................
.......................................................................................................................................................
(e) On appeal:......................................................................................................................
.......................................................................................................................................................
κ1989 Statutes of Nevada, Page 449 (CHAPTER 204, AB 554)κ
(f) If any post-conviction proceeding:............................................................................
.......................................................................................................................................................
18. Were you sentenced on more than one count of an indictment or information or on more than one indictment or information in the same court and at the same time? Yes ............ No ............
19. Do you have any further sentence to serve after you complete the sentence imposed by the judgment under attack? Yes ........... No ...........
(a) If so, give name and location of court which imposed sentence to be served in the future:
.......................................................................................................................................................
(b) Give date and length of sentence to be served in the future:...............................
(c) Have you filed, or do you contemplate filing any petition attacking the judgment which imposed the sentence to be served in the future?
Yes ........... No ...........
20. If you are not filing the petition within 1 year after the final judgment of your conviction or of the final decision in your appeal, if any, state here good cause why not, and why the petition should be heard now . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ..........................................
.......................................................................................................................................................
.......................................................................................................................................................
WHEREFORE, Petitioner prays that the court grant relief to which he may be entitled in this proceeding.
Dated this ........... day of .............................., 19.....
.......................................................
Signature of petitioner
.......................................................
Address
.......................................................
State of Nevada }
}ss.
Carson City }
VERIFICATION
Pursuant to NRS 15.010, under penalties of perjury, the undersigned declares that he is the petitioner, named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and that as to such matters he believes it to be true.
κ1989 Statutes of Nevada, Page 450 (CHAPTER 204, AB 554)κ
Dated this ....................day of.........................19........
.......................................................
Signature of petitioner
.......................................................
Signature of petitioners
attorney (if any)
CERTIFICATE OF SERVICE BY MAIL
I, ..............................................., hereby certify pursuant to N.R.C.P. 5(b), that on this ............... day of ............................, 19......., I mailed a true and correct copy of the foregoing PETITION FOR POST-CONVICTION RELIEF addressed to:
...............................................................................................
District Attorney
...............................................................................................
Address
.......................................................
Signature of petitioner
Sec. 2. NRS 177.385 is hereby amended to read as follows:
177.385 [A final judgment entered on an application for post-conviction relief may be reviewed by the supreme court of this state on appeal, brought either by the petitioner or by the state as provided by law.]
1. An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for post-conviction relief and whose application for relief is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after the date of service of notice of the entry of the order or judgment.
2. The State of Nevada is an interested party in proceedings for post-conviction relief. If the district court grants post-conviction relief and orders the discharge or a change in custody of the petitioner, then the state, through the district court or the attorney general, or both, may appeal to the supreme court from the order of the district court within 30 days after the service by the court of the notice of entry of the order.
3. Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a petition for post-conviction relief, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter.
κ1989 Statutes of Nevada, Page 451 (CHAPTER 204, AB 554)κ
require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter.
Sec. 3. NRS 34.735 is hereby amended to read as follows:
34.735 A petition for a writ of habeas corpus (post-conviction) must be in substantially the following form:
Case No. ..............................................
Dept. No. .............................................
IN THE ...................... JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ..............................
...............................................................................
Petitioner
v. PETITION FOR WRIT
OF HABEAS CORPUS
............................................................................... (POST-CONVICTION)
Respondent
INSTRUCTIONS:
(1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
(2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.
(3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the department of prisons, name the warden or head of the institution. If you are not in a specific institution of the department but within its custody, name the director of the department of prisons.
(5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.
(6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed.
(7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you are imprisoned or restrained of your liberty. One copy must be mailed to the respondent, one copy to the attorneys generals office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.
κ1989 Statutes of Nevada, Page 452 (CHAPTER 204, AB 554)κ
(8) This form is not intended to, and does not, preclude your right to file for post-conviction relief in the district court for the county from which you were convicted in the State of Nevada under the provisions of NRS 177.325. You will be precluded, however, from filing a petition pursuant to chapter 177 of NRS if you do not file it within 1 year after your conviction or decision on appeal and cannot show good cause for failing to file within that time. You are precluded from filing a habeas corpus petition pursuant to chapter 34 of NRS if you do not first challenge your conviction or sentence by filing a petition pursuant to chapter 177 of NRS.
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty: ................................................................................
.......................................................................................................................................................
2. Name and location of court which entered the judgment of conviction under attack:
.......................................................................................................................................................
3. Date of judgment of conviction: .............................................................................
4. Case number: ..............................................................................................................
5. (a) Length of sentence: .............................................................................................
.......................................................................................................................................................
(b) If sentence is death, state any date upon which execution is scheduled:..........
6. Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ........... No ...........
If yes, list crime, case number and sentence being served at this time: ......................
.......................................................................................................................................................
.......................................................................................................................................................
7. Nature of offense involved in conviction being challenged: ..............................
.......................................................................................................................................................
8. What was your plea? (check one)
(a) Not guilty ...........
(b) Guilty ...........
(c) Nolo contendere ...........
9. If you entered a guilty plea to one count of an indictment or information, and a not guilty plea to another count of an indictment or information, or if a guilty plea was negotiated, give details:
.......................................................................................................................................................
.......................................................................................................................................................
10. If you were found guilty after a plea of not guilty, was the finding made by: (check one)
(a) Jury ...........
(b) Judge without a jury ...........
11. Did you testify at the trial? Yes ........... No ...........
12. Did you appeal from the judgment of conviction? Yes ........... No ...........
13. If you did appeal, answer the following:
(a) Name of court: .............................................................................................................
κ1989 Statutes of Nevada, Page 453 (CHAPTER 204, AB 554)κ
(b) Case number or citation: ............................................................................................
(c) Result: ............................................................................................................................
(d) Date of result: ...............................................................................................................
(Attach copy of order or decision, if available.)
14. If you did not appeal, explain briefly why you did not: ...................................
.......................................................................................................................................................
.......................................................................................................................................................
15. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........... No ...........
16. If your answer to No. 15 was yes, Give the following information:
(a) (1) Name of court: ................................................................................................
(2) Nature of proceeding: ...........................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(3) Grounds raised: ......................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........... No ...........
(5) Result: .....................................................................................................................
(6) Date of result: ........................................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
.......................................................................................................................................................
(b) As to any second petition, application or motion, give the same information:
(1) Name of court: ......................................................................................................
(2) Nature of proceeding: ...........................................................................................
(3) Grounds raised: ......................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........... No ...........
(5) Result: .....................................................................................................................
(6) Date of result: ........................................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
.......................................................................................................................................................
(c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.
(d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ........... No ...........
Citation or date of decision: ................................................................................
(2) Second petition, application or motion? Yes ........... No ...........
Citation or date of decision: ................................................................................
(3) Third or subsequent petitions, applications or motions? Yes ........... No ...........
Citation or date of decision: ................................................................................
κ1989 Statutes of Nevada, Page 454 (CHAPTER 204, AB 554)κ
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ..........................................
.......................................................................................................................................................
.......................................................................................................................................................
17. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, post-conviction relief pursuant to chapter 177 of NRS, motion or application? If so, identify:
(a) Which of the grounds is the same: ...........................................................................
.......................................................................................................................................................
(b) The proceedings in which these grounds were raised: ...........................................
.......................................................................................................................................................
(c) Briefly explain why you are again raising these grounds . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ........................................................................................................................................
.......................................................................................................................................................
18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ........................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
19. Are you filing this petition more than [2 years] 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay . [:] (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) .............................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ........... No ...........
If yes, state what court and the case number: .....................................................................
.......................................................................................................................................................
21. Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal: ............................................................................................
.......................................................................................................................................................
22. Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ........... No ...........
If yes, specify where and when it is to be served, if you know: ........................................
.......................................................................................................................................................
κ1989 Statutes of Nevada, Page 455 (CHAPTER 204, AB 554)κ
23. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.
(a) Ground one: ..................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): .......................
.......................................................................................................................................................
.......................................................................................................................................................
(b) Ground two: ..................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): .......................
.......................................................................................................................................................
.......................................................................................................................................................
(c) Ground three: ................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): .......................
.......................................................................................................................................................
.......................................................................................................................................................
(d) Ground four: .................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): .......................
.......................................................................................................................................................
.......................................................................................................................................................
WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.
EXECUTED at ...................................... on the .............. day of ..............................., 19......
.......................................................
Signature of petitioner
.......................................................
Address
...............................................................................................
Signature of Attorney (if any)
...............................................................................................
Attorney for petitioner
...............................................................................................
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.
κ1989 Statutes of Nevada, Page 456 (CHAPTER 204, AB 554)κ
pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.
.......................................................
Petitioner
.......................................................
Attorney for petitioner
CERTIFICATE OF SERVICE BY MAIL
I, ........................................., hereby certify pursuant to N.R.C.P. 5(b), that on this ........... day of ............................, 19........., I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:
...............................................................................................
Respondent prison or jail official
...............................................................................................
Address
...............................................................................................
Attorney General
Heroes Memorial Building
Capitol Complex
Carson City, Nevada 89710
...............................................................................................
District Attorney of County of Conviction
...............................................................................................
Address
.......................................................................
Signature of Petitioner
Sec. 4. NRS 34.740 is hereby amended to read as follows:
34.740 1. The original petition must be presented promptly to a district judge or a justice of the supreme court by the clerk of the court. The petition must be examined expeditiously by the judge or justice to whom it is assigned.
2. If it plainly appears from the face of [the petition] a petition or an amended petition and any documents and exhibits annexed to it , or from any of the courts records, that the petitioner is not entitled to relief, the judge or justice shall make an order for its summary dismissal and cause the petitioner to be notified. Otherwise the judge or justice may order a more specific pleading from the petitioner or shall order the respondent to file a response or an answer and a return within 45 days or a longer period fixed by the judge or justice or to take such other action as he deems appropriate. A copy of any order must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
κ1989 Statutes of Nevada, Page 457 (CHAPTER 204, AB 554)κ
order must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
Sec. 5. NRS 34.810 is hereby amended to read as follows:
34.810 1. The court shall dismiss a petition if the court determines that:
(a) The petitioners conviction was upon a plea of guilty and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.
(b) The petitioners conviction was the result of a trial and the grounds for the petition could have been:
(1) Presented to the trial court;
(2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or post-conviction relief; or
(3) Raised in any other proceeding that the petitioner has taken to secure relief from his conviction and sentence,
unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.
2. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
3. Pursuant to subsections 1 and 2, the petitioner has the burden of pleading and proving specific facts that demonstrate:
(a) Good cause for the petitioners failure to present the claim or for presenting the claim again; and
(b) Actual prejudice to the petitioner.
The petitioner shall include in the petition all prior proceedings in which he challenged the same conviction or sentence.
4. The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.
Sec. 6. NRS 34.815 is hereby amended to read as follows:
34.815 1. An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after the date of service of notice of the entry of the order or judgment.
2. The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, then the respondent, on behalf of the state, may appeal to the supreme court from the order of the district [judge] court within 30 days after the service by the court of the notice of entry of the order.
3. Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a petition for habeas corpus, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court.
κ1989 Statutes of Nevada, Page 458 (CHAPTER 204, AB 554)κ
either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter.
________
Assembly Bill No. 616Committee on Judiciary
CHAPTER 205
AN ACT relating to cigarettes; repealing the prohibition against the sale of cigarettes containing cloves; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.2495 is hereby repealed.
________
Senate Bill No. 204Committee on Commerce and Labor
CHAPTER 206
AN ACT relating to retail installment sales; limiting the required use of forms adopted by the commissioner of financial institutions relating to the sale of vehicles; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 97.299 is hereby amended to read as follows:
97.299 1. The [administrator] commissioner of financial institutions shall [establish,] prescribe, by regulation, forms for the application for credit and [the contract] contracts to be used in the sale of vehicles when [the] :
(a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle [.] ;
(b) The application for credit is made to or through the seller of the vehicle;
(c) The seller is a dealer; and
(d) The sale is not a commercial transaction.
2. The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165 , must be accepted and processed by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:
κ1989 Statutes of Nevada, Page 459 (CHAPTER 206, SB 204)κ
[1.] (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.
[2.] (b) In specifying the amount of the buyers down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturers rebate applied to the down payment.
[3.] (c) Contain a description of any property given in trade as part of the down payment.
[4.] (d) Contain a description of the method for calculating the unearned portion of the time price differential upon prepayment in full of the unpaid time balance as prescribed in NRS 97.225.
[5.] (e) Include the following notice in at least 10-point bold type:
NOTICE TO BUYER
Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the time price differential. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.
3. If a change in state or federal law requires the commissioner to amend the forms prescribed pursuant to subsection 1, the commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.
4. As used in this section:
(a) Commercial transaction means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.
(b) Dealer has the meaning ascribed to it in NRS 482.020.
Sec. 2. NRS 97.301 is hereby amended to read as follows:
97.301 When a vehicle is sold in this state [and a security interest is taken to secure all or a part of the purchase price of the vehicle,] under the circumstances described in subsection 1 of NRS 97.299, the seller and any [other] lender to whom the application for credit is made shall use the forms prescribed [by the administrator of financial institutions] pursuant to [NRS 97.299.] that section.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 460κ
Assembly Bill No. 22Committee on Government Affairs
CHAPTER 207
AN ACT relating to local improvement districts; requiring that notice of a hearing on the proposed project must be given to each tenant of a mobile home park located on a tract to be assessed; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.305 is hereby amended to read as follows:
271.305 1. In the provisional order the governing body shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.
2. Notice [shall] must be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication [shall] must be by affidavit of the publisher.
4. Proof of mailing and proof of posting [shall] must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting [shall] must be maintained in the records of the municipality until all the assessments appertaining thereto [shall] have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice [shall] must describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments [shall] must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the governing body will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk of the municipality at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
κ1989 Statutes of Nevada, Page 461 (CHAPTER 207, AB 22)κ
municipality at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice [shall] must also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto [shall] must be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body [shall] must be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein [shall] will not be acquired or improved:
(1) Except in case the municipality shall pay one-half or more of the total cost of any project other than a park project as defined in NRS 271.160 with funds derived from other than the levy of assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street or between improvements already made to intersecting streets, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and improvements [shall] will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street [shall] contain a permanent structure or building, or any other type of improvement of a permanent nature.
8. [Nothing herein contained shall be construed as requiring] This section does not require the notice to state either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time [prior to] before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
κ1989 Statutes of Nevada, Page 462 (CHAPTER 207, AB 22)κ
passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates [shall] may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, [shall have the right to] may make minor changes in time, plans and materials entering into the work at any time before its completion.
________
Assembly Bill No. 167Committee on Judiciary
CHAPTER 208
AN ACT relating to civil procedure; empowering the plaintiff to direct that certain carriers and companies of his choosing be used to transport and store personal property of the defendant which is attached or executed against; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31.060 is hereby amended to read as follows:
31.060 The sheriff to whom the writ is directed and delivered shall execute the [same] writ without delay, and if the undertaking mentioned in NRS 31.040 [be] is not given, as follows:
1. Real property [shall] must be attached by leaving a copy of the writ with the occupant thereof, or, if there [be] is no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
2. Personal property [shall] must be attached:
(a) By taking it into immediate custody [; or] , and, if directed by the plaintiff, using the services of any company which operates a tow car, as defined in NRS 706.131, or common motor carrier, as defined in NRS 706.036, to transport it for storage in a warehouse or storage yard that is insured or bonded in an amount not less than the full value of the property; or
(b) By placing a keeper in charge of a going business where [such] the property is located, with the plaintiff prepaying the expense of [such] the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.
If the property is stored pursuant to paragraph (a), the property must be segregated from other property and marked by signs or other appropriate means indicating that it is in the custody of the sheriff.
κ1989 Statutes of Nevada, Page 463 (CHAPTER 208, AB 167)κ
3. Any mobile home, as defined in NRS 40.215, [shall] must be attached by:
(a) Posting a copy of the writ in a conspicuous place thereon; [or]
(b) Taking it into immediate custody [;] , subject to the provisions of subsection 2; or
(c) Placing a keeper in charge of [such] the mobile home for [a period of] 2 days, with the plaintiff prepaying the expense of [such] the keeper to the sheriff:
(1) During which period, the defendant may continue to occupy [such] the mobile home; and
(2) After which period, the sheriff shall take [such] the mobile home into his immediate custody , subject to the provisions of subsection 2, unless other disposition is made by the court or the parties to the action.
4. Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant [shall] must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.
Sec. 2. NRS 31.065 is hereby amended to read as follows:
31.065 1. In cases where the sheriff is instructed to take into possession easily transportable personal property, whether [the same] it is to be placed in a warehouse or storage yard or in the custody of a keeper, the sheriff shall require, as prerequisite to the taking of [such] the property, that in addition to written instructions the plaintiff or his attorney of record deposit with the sheriff a sum of money sufficient to pay the expenses of taking , transporting and keeping safely [such] the property for a period not to exceed 30 days.
2. If a further detention of the property is required, the sheriff shall [, from time to time,] make written [demand] demands upon the plaintiff or his attorney for further deposits to cover estimated expenses for periods not to exceed 30 days each. If the attaching party desires to make a greater deposit he may do so. Such demand [shall] must be personally served on the plaintiff or his attorney or left with a responsible person or in a proper receptacle at the office or residence of the plaintiff or his attorney or [such demand shall] the demand must be deposited in the post office in a sealed envelope, as first-class registered or certified mail postage prepaid, addressed to the person on whom it is served or his attorney at his last known office or place of residence.
3. If the money so demanded is not paid, the sheriff shall notify the defendant within 5 days after [funds] money for storing and handling the property [are] is no longer available and shall release the property to the persons from whom it was taken. Failure so to notify the defendant [shall impose] imposes liability on the sheriff for [such] the expenses unless sufficient [funds] money can be obtained from the plaintiff.
Sec. 3. NRS 21.110 is hereby amended to read as follows:
21.110 The sheriff shall , in the manner provided for writs of attachments in NRS 31.060, execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, if there [be] is sufficient, collecting or selling the things in action and selling the other property, and paying to the plaintiff or his attorneys so much of the proceeds as will satisfy the judgment, or depositing the amount with the clerk of the court. Any excess in the proceeds over the judgment and the sheriffs fees [shall] must be returned to the judgment debtor.
κ1989 Statutes of Nevada, Page 464 (CHAPTER 208, AB 167)κ
excess in the proceeds over the judgment and the sheriffs fees [shall] must be returned to the judgment debtor. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and the sheriffs fees within the view of the sheriff, he shall levy only on such part of the property as the judgment debtor may indicate; provided:
1. That the judgment debtor may indicate at the time of the levy such part.
2. That the property indicated be amply sufficient to satisfy such judgment and fees.
________
Assembly Bill No. 503Assemblymen Jeffrey, Wendell Williams, Thompson, Fay, Carpenter, Bogaert and Price
CHAPTER 209
AN ACT relating to public works projects; requiring the contractor and each subcontractor to transmit a record of wages paid in connection with a public work to the public body awarding the contract for the work; and providing other matters properly relating thereto.
[Approved May 26, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body and its officers or agents awarding a contract shall:
(a) Take cognizance of complaints of violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract; and
(b) When making payments to the contractor of money becoming due under the contract, withhold and retain [therefrom] all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.
2. No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.
3. It is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the [subcontractors] failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
4. The contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, the occupation and actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.
5. The record must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. A copy of the record for each calendar month must be sent to the labor commissioner and the public body awarding the contract no later than 1 week after the end of the month.
κ1989 Statutes of Nevada, Page 465 (CHAPTER 209, AB 503)κ
the public body awarding the contract no later than 1 week after the end of the month. The copy must be open to public inspection as provided in NRS 239.010. The record in the possession of the public body awarding the contract may be discarded by the public body 1 year after final payment is made by the public body for the public work.
6. Any contractor or subcontractor, or agent or representative thereof, doing public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
________
Senate Bill No. 152Committee on Finance
CHAPTER 210
AN ACT making an appropriation to the rehabilitation division of the department of human resources for various expenses; and providing other matters properly relating thereto.
[Approved May 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 rehabilitation division of the department of human resources the sum of $228,384 for the following expenses:
1. Replace work stations in the Las Vegas office .................................. $30,000
2. Purchase and install door at the Reno office ..................................... $15,000
3. Complete statewide computer-assisted service delivery system..... $183,384
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 466κ
Assembly Bill No. 300Assemblymen Jeffrey, Banner, Bogaert, Price, Wendell Williams and Thompson
CHAPTER 211
AN ACT relating to occupational safety and health; increasing various penalties for the violation of statutes relating to occupational safety and health; and providing other matters properly relating thereto.
[Approved May 27, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 618.645 is hereby amended to read as follows:
618.645 Any employer who has received a citation for a serious violation of any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, as defined, [shall] must be assessed an administrative fine of not more than [$1,000] $2,000 for each such violation and if a violation is specifically determined to be of a nonserious nature an administrative fine of not more than [$1,000] $2,000 may be assessed.
Sec. 2. NRS 618.655 is hereby amended to read as follows:
618.655 Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction [(which period does not begin until the date of the final order of the division in the case of any review proceeding under this chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties)] may be assessed an administrative fine of not more than [$1,000] $2,000 for each day during which the failure or violation continues. If a review proceeding is initiated by the employer in good faith and not solely to delay or avoid any penalties, the period permitted to correct a violation does not begin until the date of the final order of the division.
Sec. 3. NRS 618.665 is hereby amended to read as follows:
618.665 Any employer who willfully refuses to submit his records for inspection, as provided by NRS 618.325, to the administrator or his representative [shall] must be assessed an administrative fine of [$100] $200 for each offense.
Sec. 4. NRS 618.675 is hereby amended to read as follows:
618.675 1. An employer who fails to post the notice and records as required under the provisions of this chapter [shall] must be assessed an administrative fine of not more than [$1,000] $2,000 for each violation.
2. An employer who fails to maintain the notice or notices and records required by this chapter [shall] must be assessed an administrative fine of not more than [$1,000] $2,000 for each violation.
Sec. 5. NRS 618.685 is hereby amended to read as follows:
618.685 Any employer who willfully violates any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, where [such] the violation causes the death [to] of any employee, shall be punished:
κ1989 Statutes of Nevada, Page 467 (CHAPTER 211, AB 300)κ
1. For a first offense, by a fine of not more than [$10,000] $20,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. For a second or subsequent offense, by a fine of not more than [$20,000] $40,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
Sec. 6. NRS 618.695 is hereby amended to read as follows:
618.695 1. Any person who gives advance notice of any [workplace] inspection of a workplace to be conducted under this chapter, without authority from the administrator shall be punished by a fine of not more than [$1,000] $2,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. This section does not prohibit any employer from requesting consultative services at the workplace.
________
Assembly Bill No. 63Assemblymen Jeffrey, Thompson, Banner, Dini, Carpenter, Regan, Myrna Williams, Sedway, Bergevin, Nevin, Arberry, Diamond, Freeman, Brookman, Evans, Adler, Humke, McGaughey, Swain, Chowning, Gibbons, Gaston, DuBois, Spinello, Sheerin, Schofield, McGinness, Triggs, Kissam, Bogaert and Wendell Williams
CHAPTER 212
AN ACT relating to occupational safety; requiring the compilation and maintenance by the division of occupational safety and health of the department of industrial relations of certain records; increasing access to certain records of the division; making certain technical corrections; and providing other matters properly relating thereto.
[Approved May 27, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section. 1. Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The division shall maintain a record of all oral complaints it receives under this chapter from employees or representatives of employees. The record must include a summary of the substance of each such complaint, a listing of any evidence offered to support the complaint, the date the employer was notified of the complaint and a notation of the action taken by the division as a result of the complaint. The division shall submit the record quarterly to the advisory council of the department for review and comment.
2. In addition to the records maintained pursuant to subsection 1, the division shall maintain a separate logbook which contains a notation of:
(a) Each oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;
κ1989 Statutes of Nevada, Page 468 (CHAPTER 212, AB 63)κ
(b) The action taken by the division in response to each such complaint, including, as the case may be, a notation of the fact that:
(1) A special investigation was not made because the complaint was found to be groundless after a preliminary investigation;
(2) A special investigation was made which resulted in a finding that the complaint was based on reasonable grounds and the division took such action as was deemed appropriate; or
(3) A special investigation was made which resulted in a finding that the complaint was not based on reasonable grounds;
(c) Each citation issued by the division to an employer and the reason for its issuance;
(d) Each inspection performed regarding the employer; and
(e) Each penalty imposed by the division on an employer and the reason therefor.
3. The division shall respond to oral or written requests about the information contained in or compiled from the logbook and otherwise act as necessary to disseminate the information which is required to be compiled pursuant to this section. The logbook maintained pursuant to subsection 2 must be open to public inspection during the divisions regular hours of operation.
4. The division shall retain the records pertaining to its investigations and the records entered in the logbook maintained pursuant to this section for at least 5 years.
Sec. 3. 1. Except as otherwise provided in this section, the public may inspect all records of the division which contain information regarding:
(a) An oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;
(b) The manner in which the division acted on any such complaint;
(c) Any citation issued by the division to an employer and the reason for its issuance; and
(d) Any penalty imposed by the division on an employer and the reason therefor.
2. The division shall, upon oral or written request and payment of any applicable charges, provide to any person a copy of any record of the division which is open to public inspection pursuant to subsection 1. The first six pages reproduced pursuant to each such request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction.
3. The division shall keep confidential:
(a) The name of any employee who filed any complaint against an employer or who made any statement to the division concerning an employer; and
(b) Any information which is part of a current investigation by the division, but the fact that an investigation is being conducted is public information.
For the purposes of this subsection, current investigation means any investigation conducted before the issuance of a citation or notice of violation or, if no citation or notice of violation is issued, an investigation which is not closed.
κ1989 Statutes of Nevada, Page 469 (CHAPTER 212, AB 63)κ
Sec. 4. NRS 618.325 is hereby amended to read as follows:
618.325 1. The administrator and his representatives appointed under this chapter shall act with full power and authority to carry out and enforce the orders, standards and policies fixed by the division, and for the purposes set forth in this chapter may:
(a) Certify to official acts;
(b) Take depositions;
(c) Issue subpenas;
(d) Compel the attendance of witnesses; and
(e) Compel the production of books, papers, records, documents and testimony.
2. Upon presenting appropriate credentials to any employer, the administrator or his representative may:
(a) Enter without delay and at reasonable times any place of employment; and
(b) Inspect and investigate during regular working hours or at other reasonable times and within reasonable limits, that place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and question privately any employer or an employee.
3. The division shall not notify the employer of any randomly scheduled or customary regulatory inspection to be performed by the division.
Sec. 4.5. NRS 618.365 is hereby amended to read as follows:
618.365 1. This chapter does not supersede or in any manner affect the Nevada Industrial Insurance Act, the Nevada Occupational Diseases Act or enlarge, diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under the laws of this state with respect to injuries, occupational or other, diseases or death of employees arising out of or in the course of employment.
2. Statements, reports and information obtained or received by the division in connection with an investigation under, or the administration or enforcement of, the provisions of this chapter must not be [made available to any third party except as otherwise provided by this chapter nor] admitted as evidence in any civil action other than an action for enforcement, variance hearing or review under this chapter. [The information may be used for statistical purposes if the information revealed is not identified as applicable to any individual employer.]
3. Any report of investigation or inspection or any information concerning trade secrets or secret industrial processes obtained under this chapter must not be disclosed or open to public inspection except as such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any court proceeding under this chapter.
4. The division, the courts, and where applicable, the review board may issue such orders as may be appropriate to protect the confidentiality of trade secrets.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 618.370 is hereby amended to read as follows:
618.370 1. Employees , [and former employees are entitled to access to any records in the possession of the division which concern those employees or their working environments.
κ1989 Statutes of Nevada, Page 470 (CHAPTER 212, AB 63)κ
2. Employees and] former employees and representatives of employees or former employees are entitled to access to any records in the possession of their employers or former employers which indicate their exposure to toxic materials or harmful physical agents. Employers and former employers shall, upon request, provide copies of the records to the employees, former employees or representatives within 72 hours after receipt of the request.
2. If a copy of a record is provided pursuant to this section, the first six pages reproduced pursuant to the request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction.
3. For the purposes of this section, representative of an employee or former employee means:
(a) A person previously identified to the division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.
(b) An attorney acting for an affected employee or former employee.
(c) The spouse, parent or child of an affected employee or former employee.
(d) Any person designated by a court to act as the official representative for the estate of an affected employee or former employee.
Sec. 7. NRS 618.425 is hereby amended to read as follows:
618.425 1. Any employee , [or] representative of employees , provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, believing that a violation of a safety or health standard exists that threatens physical harm, or than an imminent danger exists, may request an investigation by giving notice , orally or in writing, to the administrator or his representative of [such] the violation or danger.
2. [Any such notice must be reduced to writing, must set forth] The person giving the notice must state with reasonable particularity the grounds for the notice . [and must be signed by the employee or representative of the employees.] The name of any employee [submitting a written] giving a complaint notice or names of employees [contained therein] mentioned in the complaint must be held confidential . [if so requested by the employee.] If the complaint is given orally, the division shall send to the complainant a form upon which he may supplement his oral complaint. His failure to return the form does not affect the divisions duty to act pursuant to this section.
3. If upon receipt of [such] the notification the division determines that there are reasonable grounds to believe that [such] a violation or imminent danger exists, it shall make a special investigation [as soon as practicable] within 14 days unless there is a substantial probability that death or serious physical harm could result from the violation or danger, then the investigation must be made immediately after the administrator received the notice to determine whether [such] a violation or imminent danger exists. The division need not investigate a complaint within the times required by this subsection if, from the facts stated in the complaint, the administrator determines that the complaint is intended solely to harass the employer. If the division determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or [representative of employees] other person who gave the notice of such determination [.]
κ1989 Statutes of Nevada, Page 471 (CHAPTER 212, AB 63)κ
danger exists, it shall notify the employees or [representative of employees] other person who gave the notice of such determination [.] within 14 days after the administrator receives the notice.
Sec. 8. NRS 618.435 is hereby amended to read as follows:
618.435 1. Before or during any inspection of a workplace, any [employees, or] employee, representative of employees [employed in the workplace] , provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, may notify the administrator or any representative of the administrator responsible for conducting the inspection, orally or in writing, of any violation of this chapter which they have reason to believe exists in the workplace. The division shall by regulation establish procedures for informal review of any refusal by a representative of the administrator to issue a citation with respect to any such alleged violation and shall furnish the employees or [representative of employees] other persons requesting the review a written statement of the reasons for the administrators final disposition of the case [.] within 14 days after the administrator receives the notice.
2. An opportunity must be afforded to a representative of the employer and an authorized representative of the employees to accompany the representative of the division during the physical inspection of the place of employment or, where there is no authorized representative of the employees, consultation must be had with a reasonable number of [such employees.] employees, but no more than one employee may accompany the divisions representative during the inspection.
3. Any employee of the employer who accompanies the representative of the division during the inspection pursuant to subsection 2 is entitled to be paid by the employer at his regular rate of pay for the time spent with the representative of the division inspecting the place of employment if he would have otherwise been compensated for working during that time.
4. For the purposes of this section, representative of an employee means a person previously identified to the division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.
Sec. 9. NRS 618.545 is hereby amended to read as follows:
618.545 1. The [district courts have jurisdiction, upon petition of the administrator,] administrator may issue an emergency order to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the other enforcement procedures [otherwise] provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove the imminent danger and prohibit the employment or presence of any person in locations or under conditions where the imminent danger exists, except persons whose presence is necessary to avoid, correct or remove the imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit it to be accomplished in a safe and orderly manner.
κ1989 Statutes of Nevada, Page 472 (CHAPTER 212, AB 63)κ
2. An order issued pursuant to subsection 1 becomes effective upon delivery to the employer or other person in charge of the place of employment where the danger exists. If, within 15 days after the effective date of the order, the employer fails to notify the division that he wishes to contest the order, the order shall be deemed a final order and is not subject to review by any court or agency. If the employer contests the order within 15 days after the effective date of the order and the division does not rescind or modify the order as requested, the employer may petition the court for relief. Upon the filing of [the] such a petition , the district court [shall have jurisdiction to] may grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter . [, except that no temporary restraining order issued without notice is effective for a period longer than 5 days.]
3. Whenever and as soon as a representative of the division concludes that conditions or practices described in subsection 1 exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the administrator that [relief by sought.] an emergency order be issued.
Sec. 10. NRS 618.555 is hereby amended to read as follows:
618.555 If the administrator arbitrarily or capriciously fails to [seek relief under] issue an emergency order pursuant to NRS 618.545, any employee who may be injured by reason of such failure, or the representative of such employees may bring an action against the administrator in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the administrator to [seek] issue such an order and for such further relief as may be appropriate.
Sec. 11. NRS 618.705 is hereby amended to read as follows:
618.705 Any person who :
1. Knowingly makes a false statement or representation of a material fact [knowing it to be false, or who knowingly] ;
2. Knowingly files a false oral or written complaint alleging that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists;
3. Knowingly fails to disclose a material fact in any document, report or other information [, or who willfully] ; or
4. Willfully makes a false entry in, or willfully conceals, withholds or destroys any books, records or statements required under the provisions of this chapter ,
shall be punished by a fine of not more than [$10,000] $20,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 12. NRS 232.600 is hereby amended to read as follows:
232.600 1. The council shall act in an advisory capacity to the director and may, on its own initiative or at the request of the director, conduct studies or investigations concerning the organization and administration of the department and its divisions and make recommendations to the director based on the results of such studies or investigations.
κ1989 Statutes of Nevada, Page 473 (CHAPTER 212, AB 63)κ
2. The council shall review on a quarterly basis the records of oral complaints compiled by the division pursuant to section 2 of this act. Upon completing its review, the council shall submit any comments or recommendations regarding the complaints or the records to the director.
Sec. 13. NRS 618.367 is hereby repealed.
Sec. 14. The amendatory provisions of section 2 of this act do not preclude the inspection or other dissemination of information regarding events which occurred before October 1, 1989.
________
Assembly Bill No. 58Assemblymen Jeffrey, Spinello, Dini, Sedway, Price, Marvel, Humke, DuBois, Kerns, Arberry, Gaston, Gibbons, Chowning, Garner, Porter, Wendell Williams, Diamond, Banner, Thompson, Nevin, Triggs, McGinness, Carpenter, Regan, Spriggs, Bergevin, Brookman, Sheerin, McGaughey, Schofield, Lambert, Kissam and Bogaert
CHAPTER 213
AN ACT relating to the department of motor vehicles and public safety; prohibiting the release of Social Security numbers in department files and records under certain circumstances; requiring drivers licenses issued or renewed after a certain date to use a number other than the licensees Social Security number; providing for the conversion of current licenses to a unique number; requiring identification cards to use a number other than the holders Social Security number; and providing other matters properly relating thereto.
[Approved May 27, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose.
[2.] All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.
2. The director shall not release, in any files and records made available for the solicitation of another person to purchase a product or service, the Social Security number of any person.
3. The director may deny any private use of the files and records if he reasonably believes that the information taken may be used for:
(a) An illegal purpose; or
(b) An unwarranted invasion of a particular persons privacy.
4. The director shall adopt such regulations as he deems necessary to carry out the purposes of this section.
Sec. 2. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a drivers license must:
κ1989 Statutes of Nevada, Page 474 (CHAPTER 213, AB 58)κ
(a) Be made upon a form furnished by the department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal.
(f) Include such other information as the department may require to determine the applicants competency and eligibility.
2. Every applicant shall furnish proof of his age by displaying;
(a) If the applicant was born in the United States, a birth certificate, baptismal certificate or other proof acceptable to the department, including, but not limited to, a drivers license issued by another state or the District of Columbia; or
(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice, a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a drivers license issued by another state or the District of Columbia, or a passport.
3. Every applicant who has been assigned a Social Security number shall furnish proof of his Social Security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the applicants Social Security number; or
(b) Other proof acceptable to the department including, but not limited to, records of employment or federal income tax returns.
Sec. 2.5 NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall upon payment of the required fee issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive . [, which] The license must bear thereon a [distinguishing] unique number assigned to the licensee [,] pursuant to NRS 483.345, the licensees social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.
2. The department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140.
κ1989 Statutes of Nevada, Page 475 (CHAPTER 213, AB 58)κ
pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriffs department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which was issued.
5. A person may attach to his drivers license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
Sec. 3. NRS 483.345 is hereby amended to read as follows:
483.345 [The]
1. Except as otherwise provided in subsection 2, the number of any drivers license issued or renewed by the department after [July 1, 1969, shall be identical to the Social Security number of the licensee. If the licensee does not have a Social Security number, the department may assign a number.] October 1, 1989, must be a unique number formulated by using the Social Security number of the licensee as a basis for the number.
2. If the licensee does not have a Social Security number, the department shall assign a unique number.
3. The department shall:
(a) Upon request, convert the number of licensee from the licensees Social Security number to a unique number based upon it; and
(b) Upon surrender of the outstanding license, issue a license which contains the new number.
Sec. 4. 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 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.
κ1989 Statutes of Nevada, Page 476 (CHAPTER 213, AB 58)κ
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees Social Security number to a unique number based upon it.
4. 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.] 5. 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.] 6. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
[6.] 7. All money collected by the department under this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 5. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) Name and sample signature of holder.
(b) [Social security number or serial number of holders card.] The unique identification number assigned to the holder based on the holders Social Security number, if any.
(c) Personal description.
(d) Date of birth.
(e) Current address.
(f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.
4. A person may attach to his identification card any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
Sec. 6. NRS 483.860 is hereby amended to read as follows:
483.860 1. Every applicant for an identification card shall furnish proof of his age by presenting a birth certificate, baptismal certificate or other proof acceptable to the department and shall provide such other corroboration of the matters stated in his application as are required of applicants for a drivers license.
2. Every applicant who has been assigned a Social Security number shall furnish proof of his Social Security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the applicants Social Security number; or
(b) Other proof acceptable to the department including, but not limited to, records of employment or federal income tax returns.
Sec. 7. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 477κ
Senate Bill No. 474Senators Raggio, Mello, Wagner, Townsend, Beyer, Joerg and Rhoads
CHAPTER 214
AN ACT relating to the Olympics; authorizing the issuance of bonds and other securities to finance the construction and maintenance of facilities for the 1998 Winter Olympics in Washoe County; requiring the submission to the voters of Washoe County of a question whether they approve of hosting the Olympics, financed in part by an increase in the sales tax; requiring the imposition of a tax on the rental of transient lodging in Washoe County to repay the securities in part or in whole; and providing other matters properly relating thereto.
[Approved May 30, 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 have the meanings ascribed to them in the Local Government Securities Law. As used in this act, unless the context otherwise requires, the terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 2. 1. Pledged revenues means, in connection with securities issued pursuant to this act to finance the project designated in section 3 of this act, the gross revenues derived from the tax imposed pursuant to section 7 of this act and any tax imposed pursuant to section 5 of this act, and the net revenues, if any, of the project.
2. 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. 3. Project means the construction, acquisition or improvement, or any combination thereof, of:
1. A bobsled and luge facility;
2. A multipurpose community convention and speed skating facility; and
3. Suitable parking and related facilities for the projects described in subsections 1 and 2.
Sec. 4. 1. Except as otherwise provided in this act, the county fair and recreation board of Washoe County, with the approval of the board of county commissioners of Washoe County, on behalf and in the name of the county, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law:
(a) To finance the project by the issuance of revenue bonds and other securities of the county or general obligation bonds and other securities of the county which are additionally secured by pledged revenues;
(b) To issue such bonds and other securities in connection with the project in one series or more at any time of from time to time but not after 5 years from the effective date of this act, as the county fair and recreation board determines, and consisting of special obligations of the county payable from the pledged revenues authorized by this act, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, or as general obligations of the county payable from taxes and additionally secured by pledged revenues;
κ1989 Statutes of Nevada, Page 478 (CHAPTER 214, SB 474)κ
lien thereon, subject to existing contractual limitations, or as general obligations of the county payable from taxes and additionally secured by pledged revenues;
(c) To the extent that there is additional bonding capacity not utilized by bonds issued pursuant to paragraph (b), to issue such bonds and other securities for the acquisition of land for the project or other purposes related to 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 act, as the county fair and recreation board determines, and consisting of special obligations of the county payable from the pledged revenues authorized by this act, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, or as general obligations of the county payable from taxes and additionally secured by pledged revenues;
(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 the Local Government Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. The securities issued pursuant to subsection 1 may be additionally secured by a pledge of other revenues received by the county fair and recreation board from taxes on the rental of transient lodging, but the board of county commissioners shall not approve the issuance of bonds or other securities unless it specifically finds that the tax or taxes imposed pursuant to this act are sufficient to repay the securities.
3. This act does not prevent the county fair and recreation board from funding, refunding or reissuing any securities of the county or the board at any time as provided in the Local Government Securities Law.
4. To the extent that the revenues from the taxes authorized by sections 5 and 7 of this act exceed the amount necessary to repay the securities, the county fair and recreation board may create a reserve fund. The money in the reserve fund may be used for the operation and maintenance of the project or of an Olympic training facility, if constructed, or for the early repayment of the securities.
5. The county fair and recreation board shall not issue securities pursuant to this act unless the United States Olympic Committee selects Reno as the United States entry to host the 1998 Winter Olympics.
6. If the International Olympic Committee select a city other than Reno as the host city for the 1998 Winter Olympics:
(a) No securities may be issued pursuant to paragraph (b) of subsection 1 after the date of the selection of the other city, except to the extent necessary to complete the project; and
(b) No securities may be issued pursuant to paragraph (c) of subsection 1 after the date of the selection of the other city.
Sec. 5. 1. If the United States Olympic Committee selects Reno as the United States entry to host the 1998 Winter Olympics, the board of county commissioners of Washoe County shall submit to the registered voters of Washoe County at the general election on November 6, 1990, or at a special or primary election held before that date, the question of whether the voters approve of holding the Winter Olympics in the Reno-Sparks-Lake Tahoe area, financed in part by an increase in the sales tax.
κ1989 Statutes of Nevada, Page 479 (CHAPTER 214, SB 474)κ
approve of holding the Winter Olympics in the Reno-Sparks-Lake Tahoe area, financed in part by an increase in the sales tax.
2. If the question submitted to the voters pursuant to subsection 1 is approved, the board of county commissioners shall adopt an ordinance, within 60 days after the date of the election, which must include provisions in substance as follows:
(a) A provision imposing a tax upon retailers at the rate of one-tenth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county, including the incorporated cities within the county.
(b) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
(c) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this act, automatically become a part of the ordinance imposing the tax.
(d) A provision that the county shall contract before the effective date of the ordinance with the department of taxation to perform all functions incident to the administration or operation of the tax in the county.
3. The ordinance must irrevocably pledge and create a lien upon the receipts of the tax to secure the repayment of the bonds and other securities issued pursuant to section 4 of this act.
4. The tax becomes effective on the first day of the second calendar month following the adoption of the ordinance imposing the tax.
5. All general election laws not inconsistent with this act are applicable to the election pursuant to this section.
6. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for by the general election laws under which this election is held must be so construed as not to invalidate the approval of the question by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the question was approved or rejected by a majority of those registered voters.
Sec. 6. 1. If the tax is imposed pursuant to section 5 of this act, all fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to Washoe County must be paid to the department of taxation 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 Washoe County during the preceding month pursuant to this section to the appropriate account in the state general fund as compensation to the state for the cost of collecting the tax.
(b) Determine the amount of money equal to any fees, taxes, interest and penalties collected in that county pursuant to this act during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
κ1989 Statutes of Nevada, Page 480 (CHAPTER 214, SB 474)κ
(c) Transfer the amount determined to the intergovernmental trust fund and remit the money to the county treasurer of Washoe County.
4. The department of taxation may redistribute any fee, tax, penalty and interest to the county, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.
5. The county treasurer of Washoe County shall deposit money received from the state controller pursuant to this section in the fund created pursuant to subsection 4 of section 7 of this act.
6. In any proceeding under the ordinance enacted pursuant to section 5 of this act, the department of taxation may act for and on behalf of Washoe County.
Sec. 7. 1. If the United States Olympic Committee selects Reno as the United States entry to host the 1998 Winter Olympics, the board of county commissioners of Washoe County and the city councils of Reno and Sparks shall impose a tax for the repayment of bonds and other securities to be issued pursuant to section 4 of this act at the rate of 1 percent of the gross receipts from the rental of transient lodging in the county and cities upon all persons in the business of providing such lodging.
2. Except as otherwise provided in this act, the tax must be collected and administered in the same manner as the taxes imposed pursuant to NRS 244.335 and 244.3352 or NRS 268.095 and 268.096, respectively, and the ordinances adopted pursuant to those sections.
3. The receipts of the tax imposed pursuant to subsection 1 are hereby irrevocably pledged to secure the repayment of the bonds and other securities issued pursuant to section 4 of this act, and the bonds and other securities constitute a lien upon the receipts of the tax. The taxes take effect in Reno, Sparks and the remainder of Washoe County on July 1, 1989.
4. The proceeds of the tax imposed pursuant to this section and any applicable penalties and interest must be transmitted to the county treasurer of Washoe County and deposited in the county treasury for credit to a fund to be used for the repayment of the bonds and other securities issued pursuant to section 4 of this act. The fund must be accounted for as a separate fund and not as a part of any other fund. The interest and income earned on money in the fund must be credited to the fund.
5. To the extent that the amount of money in the fund created pursuant to subsection 4 exceeds the amount necessary to repay the securities, the county fair and recreation board may direct the county treasurer to create a reserve fund pursuant to subsection 4 of section 4 of this act. The interest and income earned on money in the reserve fund must be credited to the reserve fund.
Sec. 8. 1. The authority to impose taxes pursuant to section 5 and 7 of this act expires after the bonds and other securities issued pursuant to section 4 of this act have been repayed and no taxes may be collected pursuant to those sections after repayment. The county treasurer of Washoe County shall notify the director of the department of taxation and the city councils of Reno and Sparks when the securities have been repayed.
2. Unless an earlier date is required by this act:
κ1989 Statutes of Nevada, Page 481 (CHAPTER 214, SB 474)κ
(a) The tax imposed pursuant to section 5 of this act must not be imposed after the date specified in the ordinance imposing the tax, and in no event more than 20 years after the effective date of the tax.
(b) The tax imposed pursuant to section 7 of this act must not be imposed after July 1, 2009.
3. If the City of Renos bid to host the Olympic Games is withdrawn for any reason:
(a) The authority to impose taxes pursuant to sections 5 and 7 of this act expires and no taxes may be collected pursuant to those sections more than 30 days after the bid is withdrawn, except to the extent necessary to:
(1) Repay bonds or other securities issued before the bid was withdrawn; and
(2) Increase the principal of the fund created pursuant to subsection 5 of section 7 of this act to a level that is sufficient to provide for the operation and maintenance of the project. If a fund has not been created pursuant to that subsection before the bid is withdrawn, the county treasurer shall create such a fund.
(b) No bonds or other securities may be issued pursuant to section 4 of this act after the bid is withdrawn.
(c) Any money in the funds created pursuant to subsections 4 and 5 of section 7 of this act that is not used to:
(1) Repay bonds or other securities issued before the bid was withdrawn; or
(2) Increase the principal of the fund created pursuant to subsection 5 of section 7 of this act to a level that is sufficient to provide for the operation and maintenance of the project,
must be transferred to the county fair and recreation board of Washoe County within 30 days after the bid is withdrawn. Money so transferred must be used by the board for the promotion of tourism.
Sec. 9. 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 Local Government Securities Law. Insofar as the provisions of this act are inconsistent with any other law, general or special, the provisions of this act control.
Sec. 10. 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. 11. The legislature hereby finds and declares that a special law is necessary to provide a means to finance the construction of facilities necessary for Nevada to be considered to host the 1998 Winter Olympics, and that a general law cannot be made applicable.
Sec. 12. 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 than can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
κ1989 Statutes of Nevada, Page 482 (CHAPTER 214, SB 474)κ
Sec. 13. No action or proceeding in which the validity of the taxes imposed pursuant to this act or the issuance of bonds or other securities pursuant to those taxes is contested may be commenced more than 6 months after the date of the election held pursuant to section 5 of this act. If no action is brought within the 6-month period, the bonds or other securities and all proceedings related thereto, including the imposition of taxes pursuant to sections 5 and 7 of this act, are valid and in every respect legally uncontestable.
Sec. 14. This act becomes effective upon passage and approval.
________
Assembly Bill No. 230Assemblymen Myrna Williams, Spinello, Dini, Sedway, Jeffrey, Evans, Price, DuBois, Swain, Kerns, Arberry, Callister, Marvel and Humke
CHAPTER 215
AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for the payment of the expenses related to the improvement of the Nevada Mental Health Institute; and providing other matters properly relating thereto.
[Approved May 30, 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 mental hygiene and mental retardation division of the department of human resources the sum of $174,143 for the payment of the expenses related to the improvement of the Nevada Mental Health Institute.
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 483κ
Assembly Bill No. 549Committee on Ways and Means
CHAPTER 216
AN ACT relating to financial administration; authorizing a temporary advance from the state general fund to certain budget accounts of the mental hygiene and mental retardation division of the department of human resources; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the director of the mental hygiene and mental retardation division of the department of human resources determines that current claims exceed the amount of money available because revenue from billed services has not been collected, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.
2. The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.
3. An advance from the state general fund:
(a) May be approved by the director of the department of administration for the following budget accounts of the mental hygiene and mental retardation division of the department of human resources:
(1) Residential placement fund;
(2) Southern Nevada mental retardation services; and
(3) Northern Nevada mental retardation services.
(b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.
4. Any money which is temporarily advanced from the state general fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 484κ
Assembly Bill No. 209Committee on Commerce
CHAPTER 217
AN ACT relating to public health; authorizing a county to adopt reasonable methods of recovering money expended to remedy certain conditions which are a threat to the public health, safety and welfare of the residents of the county; providing for the determination of the ownership of garbage which is disposed of illegally; creating a reasonable inference that the owner of garbage is the person who disposed of it; requiring the disclosure of certain information; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county may adopt by ordinance any reasonable means to recover money expended by the county for labor and materials used to:
(a) Repair, safeguard or demolish a dangerous structure;
(b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
in order to protect the public health, safety and welfare of the residents of the county.
2. In addition to any other reasonable means of recovering money so expended, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:
(a) Mailing by registered or certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.
Sec. 2. NRS 444.630 is hereby amended to read as follows:
444.630 1. As used in this section, garbage includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use , or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor.
κ1989 Statutes of Nevada, Page 485 (CHAPTER 217, AB 209)κ
3. Ownership of garbage does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any garbage which is disposed of in violation of subsection 2 creates a reasonable inference that the owner is the person who disposed of the garbage. The fact that the disposal of the garbage was not witnessed does not, in and of itself, preclude the identification of its owner.
4. All health officers, game wardens, police officers of cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada [,] shall, within their respective jurisdictions, enforce the provisions of this section.
[4.] 5. A district health officer or his deputy may issue a citation for any violation of this section which occurs within his jurisdiction.
6. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:
(a) Agency of the state or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is in the business of providing credit reports.
(e) Public utility.
Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 2. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
________
Assembly Bill No. 307Committee on Judiciary
CHAPTER 218
AN ACT relating to damages; changing the burden of proving punitive damages in certain actions; limiting the amount of punitive damages recoverable in certain actions; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.100 is hereby amended to read as follows:
41.100 1. Except as otherwise provided in this section and NRS 179A.230, no cause of action is lost by reason of the death of any person, but may be maintained by or against his executor or administrator.
2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if he had lived, except damages awardable under NRS 42.010 or section 3 of this act or other damages imposed primarily for the sake of example or to punish the defendant.
κ1989 Statutes of Nevada, Page 486 (CHAPTER 218, AB 307)κ
other damages imposed primarily for the sake of example or to punish the defendant.
3. Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by his executor or administrator include all losses or damages which the decedent incurred or sustained before his death, including any penalties or punitive and exemplary damages which the decedent would have recovered if he had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by his personal representatives for his wrongful death.
4. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists provision of an insurance policy.
Sec. 2. Chapter 42 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:
(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or
(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.
2. The limitations on the amount of an award of exemplary or punitive damages prescribed in subsection 1 do not apply to an action brought against:
(a) A manufacturer, distributor or seller of a defective product;
(b) An insurer who acts in bad faith regarding its obligations to provide insurance coverage;
(c) A person for violating a state or federal law prohibiting discriminatory housing practices, if the law provides for a remedy of exemplary or punitive damages in excess of the limitations prescribed in subsection 1;
(d) A person for damages or an injury caused by the emission, disposal or spilling of a toxic, radioactive or hazardous material or waste; or
(e) A person for defamation.
3. If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.
κ1989 Statutes of Nevada, Page 487 (CHAPTER 218, AB 307)κ
4. Evidence of the financial condition of the defendant is not admissible for the purpose of determining the amount of punitive damages to be assessed until the commencement of the subsequent proceeding to determine the amount of exemplary or punitive damages to be assessed.
Sec. 3. NRS 42.010 is hereby amended to read as follows:
42.010 1. In an action for the breach of an obligation , [not arising from contract,] where the defendant [:
1. Has been guilty of oppression, fraud or malice, express or implied; or
2. Caused] caused an injury by the operation of a motor vehicle in violation of NRS 484.379 or 484.3795 after willfully consuming or using alcohol or another substance, knowing that he would thereafter operate the motor vehicle, the plaintiff, in addition to the [actual] compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
2. The provisions of section 2 of this act do not apply to any cause of action brought pursuant to this section.
Sec. 4. The amendatory provisions of this act do not apply to any cause of action where the trier of fact has made a decision to award exemplary or punitive damages before the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 324Committee on Ways and Means
CHAPTER 219
AN ACT relating to environmental protection; authorizing the state environmental commission to establish fees for services provided by the division of environmental protection of the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission shall prescribe a schedule of reasonable fees for applications for permits under the provisions of NRS 445.221 to 445.237, inclusive, to defray the costs of processing applications for permits and administering the program for reviewing applications and granting permits.
2. The commission may establish reasonable fees for the review of plans and specifications by the director and for services provided by the division.
3. Fees collected pursuant to this section must be deposited with the state treasurer for credit to the appropriate account of the division and must be used in the administration of the program for the control of water pollution provided for in NRS 445.131 to 445.354, inclusive.
κ1989 Statutes of Nevada, Page 488 (CHAPTER 219, AB 324)κ
Sec. 2. NRS 445.237 is hereby amended to read as follows:
445.237 [1.] In accordance with [a] the schedule of fees [to be] prescribed by the commission, the department shall charge each applicant a [reasonable fee to defray the cost of processing] fee for an application for a permit.
[2. Fees collected pursuant to subsection 1 must be deposited with the state treasurer for credit to the appropriate account of the division and must be used in the administration of the permit program provided for in NRS 445.131 to 445.354, inclusive.]
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 467Assemblyman Gaston (by request)
CHAPTER 220
AN ACT relating to name changes; requiring the court to consider whether the applicant has been convicted of a felony; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.270 is hereby amended to read as follows:
41.270 Any person desiring to have his name changed may file a verified petition with the clerk of the district court of the district in which he resides. The petition shall be addressed to the court and shall state the applicants present name, the name which he desires to bear in the future, [and] the reason for desiring the change [.] and whether he has been convicted of a felony.
Sec. 2. NRS 41.290 is hereby amended to read as follows:
41.290 1. If, within 10 days after the last publication of the notice no written objection [shall be] is filed with the clerk, upon proof of the filing of the petition and publication of notice as required in NRS 41.280, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. If, within the period [, objection be] an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice . [; and upon] Upon that day the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs [shall or shall not] show satisfactory reasons for making the change. Before issuing its order, the court shall specifically take into consideration the applicants criminal record, if any, which is stated in the petition.
2. Upon the making of an order either granting or denying the prayer of the [petitioner, the same shall] applicant, the order must be recorded as a judgment of the court . [, and] If the petition is granted, the name of the applicant [shall] must thereupon be stated in the order. [. The] and the clerk shall transmit a certified copy of [such] the order to the state registrar of vital statistics.
κ1989 Statutes of Nevada, Page 489 (CHAPTER 220, AB 467)κ
shall transmit a certified copy of [such] the order to the state registrar of vital statistics.
3. If an order grants a change of name to a person who has a criminal record, the clerk shall transmit a certified copy of the order to the central repository for Nevada records of criminal history for inclusion in that persons record of criminal history.
4. Upon receiving uncontrovertible proof that an applicant in his petition falsely denied having been convicted of a felony, the court shall rescind its order granting the change of name and the clerk shall transmit a certified copy of the order rescinding the previous order to:
(a) The state registrar of vital statistics for inclusion in his records.
(b) The central repository for Nevada records of criminal history for inclusion in his record of criminal history.
________
Assembly Bill No. 524Committee on Judiciary
CHAPTER 221
AN ACT relating to gaming; clarifying the prohibition against the collection of gaming winnings by a player who is underage; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.350 is hereby amended to read as follows:
463.350 1. A person under the age of 21 years shall not:
(a) Play, [or] be allowed to play, place wagers, or collect winnings, whether personally or through an agent, from any [licensed game or] gambling game, slot machine , [.
(b) Place wagers with or collect winning wagers from any licensed] race book, sports pool or pari-mutuel operator.
[(c)] (b) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, race book, sports pool or pari-mutuel wagering is operated or conducted.
[(d)] (c) Be employed as a gaming employee except in a counting room.
2. Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section and any person, under 21 years of age, who violates any of the provisions of this section is guilty of a misdemeanor.
3. In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he believed the person to be 21 years old or over.
________
κ1989 Statutes of Nevada, Page 490κ
Assembly Bill No. 585Assemblymen Dini, Jeffrey, Adler and Thompson
CHAPTER 222
AN ACT relating to the state fire marshal; providing for the addition of a specialist in hazardous materials to the state board of fire services; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.020 is hereby amended to read as follows:
477.020 1. The state board of fire services, consisting of [seven] eight members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) A chief of a volunteer fire department;
(c) A chief of a full-time, paid fire department;
(d) A professional engineer;
(e) The state forester firewarden;
(f) A training officer of a volunteer fire department; [and]
(g) A training officer of a partially or fully paid fire department [,] ; and
(h) A specialist in hazardous materials,
to the board. No member other than the state forester firewarden may serve for more than two consecutive terms.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.
4. The board may meet regularly at least twice each year or on the call of the chairman, the secretary or any three members.
5. The members of the board, except the state forester firewarden, are entitled to receive a salary of $60 for each days attendance at a meeting of the board.
6. The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of fire fighting and fire protection. When requested to do so by the director of the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.
7. The board shall advise the state fire marshal on matters relating to the training of firemen.
________
κ1989 Statutes of Nevada, Page 491κ
Assembly Bill No. 553Committee on Judiciary
CHAPTER 223
AN ACT relating to the sentence of death; requiring the court in which the sentence was obtained to issue a new warrant of execution following the denial of an appeal to the supreme court; requiring the court to inquire into the facts after a written order upholding the sentence is issued by the supreme court; clarifying that an entry of a stay of issuance of a remittitur in the supreme court does not prohibit the issuance of a warrant of execution; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.491 is hereby amended to read as follows:
176.491 1. Upon the denial of any appeal to the supreme court pursuant to chapter 34 or 177 of NRS, the supreme court shall dissolve any stay of execution previously entered. No stay of such execution may be entered or continued by the supreme court after the denial of an appeal pending the filing of a petition with a federal court or a petition for a writ of certiorari with the Supreme Court of the United States.
2. The entry of a stay of issuance of a remittitur in the supreme court does not prohibit the application of or the issuance of a warrant of execution by the district court in which the conviction was obtained.
3. To stay the execution of a sentence of death following the denial of any appeal to the supreme court pursuant to chapter 34 or 177 of NRS, a person under sentence of death must:
(a) Apply for and obtain a stay in the federal court in which he applies for a writ of certiorari or habeas corpus; or
(b) Obtain a stay of execution pursuant to NRS 176.487.
Sec. 2. NRS 176.505 is hereby amended to read as follows:
176.505 1. When a remittitur showing the affirmation of a judgment of death has been filed with the clerk of the court from which the appeal [therefrom] has been taken, the court in which the conviction was [had must] obtained shall inquire into the facts, and, if no legal reasons exist [against] prohibiting the execution of the judgment, [must] shall make and enter an order [that] requiring the director of the department of prisons [shall] to execute the judgment at a specified time . [; but the] The presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, [as in this section provided,] is not required.
2. When an opinion, order dismissing appeal or other order upholding a sentence of death is issued by the supreme court pursuant to chapter 34 or 177 of NRS, the court in which the sentence of death was obtained shall inquire into the facts and, if no legal reason exists prohibiting the execution of the judgment, shall make and enter an order requiring the director of the department of prisons to execute the judgment during a specified week. The presence of the defendant in the court when the order of execution is made and entered, or the warrant is issued, is not required.
3. Notwithstanding the entry of a stay of issuance of a remittitur in the supreme court following denial of appellate relief in a proceeding brought pursuant to chapter 34 or 177 of NRS, the court in which the conviction was obtained shall, upon application of the attorney general or the district attorney of the county in which the conviction was obtained, 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.
κ1989 Statutes of Nevada, Page 492 (CHAPTER 223, AB 553)κ
pursuant to chapter 34 or 177 of NRS, the court in which the conviction was obtained shall, upon application of the attorney general or the district attorney of the county in which the conviction was obtained, 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.
________
Assembly Bill No. 673Committee on Judiciary
CHAPTER 224
AN ACT relating to mortgages; providing a definition of principal for the provisions governing encumbrances that secure future advances; removing the requirement that an instrument that encumbers real property must contain certain information on its face; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 106 of NRS is hereby amended by adding thereto a new section to read as follows:
Principal means the money a lender advances to a borrower as a loan which, separately or together with other advances, is intended to be evidenced by the face amount of a note, bond or other similar document. The term does not include any interest, advances made to protect security or advances which would not have been made if the borrower and all other parties to the agreement relating to the loan or future advances had complied with its terms even if the obligations contained in the agreement were secured by an instrument.
Sec. 2. NRS 106.300 is hereby amended to read as follows:
106.300 As used in NRS 106.300 to 106.400, inclusive, unless the context otherwise requires, the words and terms defined in NRS 106.310 to 106.340, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 106.350 is hereby amended to read as follows:
106.350 The provisions of NRS 106.300 to 106.400, inclusive, apply only to an instrument or supplement or amendment to an instrument that states clearly [on its face] that it is to be governed by those provisions.
Sec. 4. NRS 106.360 is hereby amended to read as follows:
106.360 1. A borrower may execute an instrument encumbering his real property to secure future advances from a lender within a mutually agreed maximum amount [.] of principal.
2. The instrument must state clearly : [on its face:]
(a) That is secures future advances; and
(b) The maximum amount of principal to be secured . [; and
(c) Whether the future advances are obligatory or at the option of the lender.]
κ1989 Statutes of Nevada, Page 493 (CHAPTER 224, AB 673)κ
3. The maximum amount of advances of principal to be secured by the instrument may increase or decrease from time to time by amendment of the instrument.
Sec. 5. NRS 106.370 is hereby amended to read as follows:
106.370 1. The priority of a lien for future advances dates from the time that the instrument is recorded in the office of the county recorder of the county in which the property is located, whether or not the:
(a) Future advances are obligatory or at the option of the lender; or
(b) Lender has notice of an intervening lien.
2. If an amendment to an instrument is recorded which increases the maximum amount of indebtedness secured by the instrument, the priority of any lien for future advances of principal thereafter which exceed the maximum amount of principal of the original indebtedness dates from the time the amendment is recorded in the office of the county recorder of the county in which the property is located.
Sec. 6. NRS 106.380 is hereby amended to read as follows:
106.380 1. The borrower may at any time personally deliver or send by certified mail, return receipt requested, a written notice to the lender stating that the borrower elects to terminate the operation of the instrument as security for future advances of principal made after the date of receipt of the notice by the lender.
2. Within 4 working days after receipt of the notice, the lender must record in the office of the county recorder of the county where the original instrument was recorded a statement which:
(a) Refers to the original instrument;
(b) Contains the legal description of the encumbered real property;
(c) States that the notice given pursuant to subsection 1 was received by the lender, with the date of that receipt;
(d) States the total amount of principal owed on the date of receipt of the notice on account of all outstanding debts and obligations secured by the instrument; and
(e) States the total amount of interest accrued on the outstanding debts and obligations as of the date the statement is recorded.
3. If the lender does not record the statement pursuant to subsection 2 within 4 working days, the borrower may record a similar statement and that statement has the same effect.
Sec. 7. NRS 106.400 is hereby amended to read as follows:
106.400 Future advances of principal made to a borrower after the receipt of the notice of termination by the lender are not secured by the instrument. The principal amount of indebtedness secured by the instrument is limited to the amount stated by the lender in his recorded statement.
________
κ1989 Statutes of Nevada, Page 494κ
Senate Bill No. 29Senator Raggio
CHAPTER 225
AN ACT relating to arbitration in civil actions; increasing the threshold for mandatory arbitration of claims involving motor vehicles; eliminating the exception for actions within the jurisdiction of the justices court; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.215 is hereby amended to read as follows:
38.215 1. Except as otherwise provided in [subsections 2 and 3,] subsection 2, all civil actions for damages for personal injury, death or property damage arising out of the ownership, maintenance or use of a motor vehicle, where the cause of action arises in the State of Nevada and the amount in issue does not exceed [$3,000, shall] $15,000, must be submitted to arbitration, in accordance with the provisions of NRS 38.015 to 38.205, inclusive.
2. [Any such action over which a justices court has jurisdiction shall be submitted to such arbitration only upon the mutual consent of the parties.
3.] Subsection 1 does not apply to civil actions within the jurisdiction of the district court of a judicial district in which a program of mandatory arbitration is in effect.
Sec. 2. The amendatory provisions of this act do not apply to any action filed on or before October 1, 1989.
________
Senate Bill No. 314Committee on Judiciary
CHAPTER 226
AN ACT relating to gaming; increasing the grounds for objection to or denial of a work permit; revising the procedure for the issuance of an order of summary suspension of a work permit; and providing other matters properly relating thereto.
[Approved May 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
κ1989 Statutes of Nevada, Page 495 (CHAPTER 226, SB 314)κ
2. No person may be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city.
3. A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
[3.] 4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.
[4.] 5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
[5.] 6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
[6.] 7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days after the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
κ1989 Statutes of Nevada, Page 496 (CHAPTER 226, SB 314)κ
(a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny [against his employer or any gaming licensee,] or any violation of any law pertaining to gaming, or any [other] crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
[(e)] (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
[(f)] (g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
[7.] 8. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
[8.] 9. All records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
[9.] 10. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for more than 90 days.
11. Notice of any objection to or denial of a work permit by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice is presumed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
κ1989 Statutes of Nevada, Page 497 (CHAPTER 226, SB 314)κ
notice is presumed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 2. NRS 463.336 is hereby amended to read as follows:
463.336 1. The commission may issue an [emergency] order summarily suspending a persons work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the [permit holder.] holder of the permit.
2. The [emergency] order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the [emergency] order of summary suspension shall be deemed a complaint.
3. An order of summary suspension must be signed by at least three members of the commission.
4. The person whose work permit is summarily suspended:
(a) Has a right to a hearing on the order. The commission shall schedule a hearing within 5 days after receipt of the persons notice of defense.
(b) Must file a notice of defense within 30 days after the effective date of the [emergency order.] order of summary suspension. Failure to [timely] file this notice in a timely manner waives his right to a hearing before the commission and to judicial review of the final decision.
[4.] 5. All affirmative defenses must be specifically stated in the notice of defense and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
[5.] 6. Except as otherwise provided in this section, the procedures for a disciplinary action in NRS 463.312 to 463.3145, inclusive, must be followed.
________
Assembly Bill No. 694Committee on Government Affairs
CHAPTER 227
AN ACT relating to counties; removing a certain limit on a countys ability to issue bonds for sewage and waste water projects; authorizing the board of county commissioners to transfer sewage and waste water facilities to certain districts; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.555 is hereby amended to read as follows:
244A.555 1. The board, on behalf of and in the name of the State of Nevada, may:
(a) Acquire, hold, operate, maintain and improve the facilities defined in NRS 244A.475;
(b) Acquire, hold, operate, maintain, improve and dispose of properties pertaining to the facilities defined in NRS 244A.475, including , without limitation , water and water rights, for the benefit and welfare of the people of this state;
κ1989 Statutes of Nevada, Page 498 (CHAPTER 227, AB 694)κ
limitation , water and water rights, for the benefit and welfare of the people of this state;
(c) Acquire the facilities defined in NRS 244A.475, wholly or in part directly by construction contract or otherwise, or indirectly by contract with the Federal Government, or any combination thereof, as the board may from time to time determine; and
(d) Borrow money and otherwise become obligated in a total principal amount of not more than $78,000,000 to defray wholly or in part the cost of acquiring the facilities defined in NRS 244A.475, and issue state securities to evidence such obligations.
2. [The power to issue securities under this section in a total principal amount of not more than $78,000,000 under paragraph (d) of subsection 1 shall decrease to the extent that the Federal Government, pursuant to the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) or any other law, appropriates funds by grant to pay all or any portion of the costs of the project, but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state. If the project is not to be done in phases, the power to issue securities shall not become effective unless the amount of money available from the Federal Government equals at least 50 percent of the overall project cost. If a project is to be done in identifiable phases the funding of each such phase with state securities is authorized to the extent that Federal Government moneys are available to cover at least 50 percent of the cost of the phases, but this limitation no longer applies when the total amount of money available from the Federal Government equals at least 50 percent of the overall project cost. Notwithstanding the limitations in this subsection, state securities may be issued in anticipation of receipt of funds under a grant or other commitment from the Federal Government. The validity of and the power to fund or refund outstanding state securities issued under NRS 244A.455 to 244A.573, inclusive, is not affected by subsequent grants from the Federal Government.
3.] No project or phase of a project for the creation of facilities defined in NRS 244A.475 may be authorized for funding with state securities until such funding is approved by the governor and, if the amount of state securities proposed exceeds $50,000,000, by the legislative commission of the legislature.
[4.] 3. The advisory committee may recommend to the board the implementation of design, engineering, specification development or pilot plant studies for the furtherance of any project or phase of a project to accomplish the development of the facilities defined in NRS 244A.475. The implementation of such recommendations to be financed by the issuance of state securities may be authorized by the board with the approval of the governor and the legislative commission of the legislature.
4. The board, on behalf of and in the name of the State of Nevada, may transfer all of its interest in any facility financed pursuant to NRS 244A.455 to 244A.573, inclusive, to a general improvement district operating pursuant to chapter 318 of NRS to provide sanitary facilities for sewage within the county.
κ1989 Statutes of Nevada, Page 499 (CHAPTER 227, AB 694)κ
Any such transfer must be on terms and conditions that are mutually agreeable to the board of county commissioners and the board of trustees of the general improvement district. Upon such a transfer, except as otherwise provided in subsection 5, the board of trustees of the general improvement district is authorized to exercise on behalf of the state all powers that the board of county commissioners is authorized to exercise on behalf of the state pursuant to NRS 244A.455 to 244A.573, inclusive, including the power to issue state securities. The board of trustees of the general improvement district shall assume all duties and responsibilities of the board of county commissioners with respect to any facility financed pursuant to NRS 244A.455 to 244A.573, inclusive, and any bonds or other obligations of the state issued for those facilities. Upon such a transfer, all money held by the county pertaining to the facilities and any bonds or other obligations of the state issued for the facilities must be transferred to the general improvement district.
5. After a transfer pursuant to subsection 4, the board of county commissioners shall continue to fix, modify and collect or cause to be collected fees and charges pursuant to NRS 244A.523 to 244A.553, inclusive, and 244A.557, and shall transfer all fees and charges to the general improvement district to which the facility was transferred.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 20Senators Getto and Joerg
CHAPTER 228
AN ACT relating to the division of land; prohibiting the division of land into parcels if property taxes on the land are delinquent; requiring a final map of a proposed division of land to be accompanied by a statement from the county treasurer that no property taxes on the land are delinquent; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2 the governing body, if it has not authorized the planning commission to act finally, shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed with it pursuant to NRS 278.330 within 30 days after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map within 45 days after the map is filed with the governing body.
3. The governing body, or planning commission if it is authorized to act finally on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste [disposal, water supply facilities,] , facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
κ1989 Statutes of Nevada, Page 500 (CHAPTER 228, SB 20)κ
facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) [Availability] The availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;
(c) [Availability] The availability and accessibility of utilities;
(d) [Availability] The availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks;
(e) General conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) [Effect] The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical [land] characteristics of the land such as flood plain, slope [,] and soil; and
(i) [Recommendations] The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 and 278.335.
4. When the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice must include the grades to be taught, the number of pupils to be accommodated, and the area to be served. The board shall notify each commission of any change in or abandonment of its plan.
5. [The governing body or planning commission shall not approve a tentative map if the taxes are delinquent on any of the land to be subdivided. The subdivider shall prove that no tax is delinquent by submitting to the governing body or planning commission a certificate of the county treasurer to this effect.
6.] The governing body or planning commission shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 2. NRS 278.460 is hereby amended to read as follows:
278.460 1. A county recorder shall not file for record any final map unless [such map contains] the map:
(a) Contains all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance.
(b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
2. Nothing contained in NRS 278.010 to 278.630, inclusive, prevents the recording under the provisions of NRS 278.010 to 278.630, inclusive, and any applicable local ordinances of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of registered land surveyors records of surveys.
κ1989 Statutes of Nevada, Page 501 (CHAPTER 228, SB 20)κ
3. A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.
Sec. 3. NRS 278.461 is hereby amended to read as follows:
278.461 1. A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
2. A parcel map is not required when the division is for the express purpose of:
(a) [Creation] The creation or realignment of a public right of way by a public agency.
(b) [Creation] The creation or realignment of an easement.
(c) [Adjustment] An adjustment of the boundary line or the transfer of land between two owners of adjacent property [owners] which does not result in the creation of any additional parcels.
(d) [Purchase,] The purchase, transfer or development of space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result of an operation of law.
3. A parcel map is not required for any of the following transactions involving land:
(a) [Creation] The creation of a lien, mortgage, deed of trust or any other security instrument.
(b) [Creation] The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the department of transportation under chapter 408 of NRS.
(e) Filing a certificate of amendment under NRS 278.473.
4. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.
5. Unless a method of [land division] dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do no apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.
Sec. 4. NRS 278.467 is hereby amended to read as follows:
278.467 1. If the parcel map is waived the authority which granted the waiver may require the preparation and recording of a document which contains:
(a) A legal description of all parts based on a system of rectangular surveys;
κ1989 Statutes of Nevada, Page 502 (CHAPTER 228, SB 20)κ
(b) A provision for the dedication or reservation of any road right of way or easement; and
(c) The approval of the authority which granted the waiver.
2. If a description by metes and bounds is necessary in describing the parcel division, it [shall] must be prepared by a registered land surveyor and bear his signature and stamp.
3. The person preparing the document may include the following statement:
This document was prepared from existing information (identifying it and stating where filed and recorded) and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.
4. A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
Sec. 5. NRS 278.472 is hereby amended to read as follows:
278.472 1. After the planning commission or governing body has approved the tentative map or waived the requirement of its filing, or after the expiration of 60 days from the date of filing, whichever is sooner, the person who proposes to divide the land may file a final map of the division with the governing body. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
2. This map must be:
(a) Entitled Map of Division into Large Parcels.
(b) Filed with the governing body within 1 year [from] after the date that the tentative map was first filed with the planning commission or governing body or that the requirement of its filing was waived.
(c) Prepared by a registered land surveyor.
(d) Based upon an actual survey by the preparer and show the date of [such] the survey or based upon the most recent government survey and show the date of approval of [such] the government survey and contain a certificate by the preparer that the parcels contain the number of acres shown for each parcel.
(e) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for [such] this purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
κ1989 Statutes of Nevada, Page 503 (CHAPTER 228, SB 20)κ
3. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each lot.
(b) All roads or easements of access which exist and which the owner intends to offer for dedication, all roads or easements of access which are shown on the applicable master plan and all roads or easements of access which are specially required by the planning commission or governing body.
(c) Any easements for public utilities which exist or are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
Sec. 6. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. The governing body must approve, conditionally approve or disapprove the map filed, basing its action upon the requirements of NRS 278.472, within 45 days after its filing. If the map is disapproved, the governing body shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. If the governing body neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.
2. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
3. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.
(b) A certificate signed by the clerk of the governing body that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body has expired.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
4. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
5. The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.
________
κ1989 Statutes of Nevada, Page 504κ
Senate Bill No. 14Senators Horn, Beyer, Getto, Shaffer, Coffin, Neal, Hickey, Raggio, Vergiels, Rawson, Smith, Titus, Malone, Mello, ODonnell and Jacobsen
CHAPTER 229
AN ACT relating to cultural resources; requiring the division of historic preservation and archeology of the state department of conservation and natural resources to maintain an inventory of historic, archeological and architectural resources; requiring the designation of repositories for the materials of the inventory; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 383.021 is hereby amended to read as follows:
383.021 1. The division of historic preservation and archeology is hereby created.
2. The division shall:
(a) Encourage, plan and coordinate historic preservation and archeological activities within the state, including programs to survey, record, study and preserve or salvage objects, localities and information of historic, prehistoric and paleoenvironmental significance.
(b) Compile and maintain an inventory of historic, archeological and architectural resources in Nevada deemed significant by the administrator.
(c) Designate repositories for the materials that comprise the inventory.
(d) Administer the revolving account for archeology pursuant to NRS 383.115 to 383.118, inclusive.
________
Assembly Bill No. 677Assemblymen Callister and Porter
CHAPTER 230
AN ACT relating to civil actions; requiring an attorney at law who represents a party to a pending action to file with the court and serve a notice of death and a motion for substitution of a party upon certain persons within 90 days after the death of that party; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An attorney at law who represents any person who is a party to an action pending before any court shall, within 90 days after the death of that person, file a notice of death and a motion for substitution of a party with the court and cause a copy of that notice and motion to be served upon every other party to the action.
κ1989 Statutes of Nevada, Page 505 (CHAPTER 230, AB 677)κ
2. The court may, upon motion, impose any sanctions it considers appropriate, including costs and attorneys fees, against an attorney who fails to comply with the provisions of subsection 1.
________
Assembly Bill No. 520Committee on Transportation
CHAPTER 231
AN ACT relating to motor vehicles; increasing the limit allowed for the fee for compensation of agents of the department of motor vehicles and public safety for registering vehicles; extending under certain circumstances the day on which vehicle registrations expire; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative regulations as may be necessary to carry out the provisions of this chapter.
2. The director may establish branch offices may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director may designate the county assessor of any county as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but must not exceed [$1] $2 for each registration.
Sec. 2. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle expires at midnight on the day specified on the receipt of registration [.] , unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section must include:
κ1989 Statutes of Nevada, Page 506 (CHAPTER 231, AB 520)κ
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185. Security may be provided by an operators policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.
(b) If required, evidence of compliance with standards for control of emissions.
3. The department shall insert in each application mailed pursuant to subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.
________
Assembly Bill No. 507Committee on Judiciary
CHAPTER 232
AN ACT relating to deeds of trust; permitting an estate for years to be encumbered by a deed of trust unless the encumbrance is prohibited by the instrument creating the estate; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 107.025 is hereby amended to read as follows:
107.025 A deed of trust may encumber an estate for years [,] however created, including a lease of a dwelling unit of a cooperative housing corporation, [if] unless prohibited by the instrument creating the estate , [specifically authorizes the encumbrance,] and foreclosure may be had by the exercise of a power of sale in accordance with the provisions of this chapter.
________
κ1989 Statutes of Nevada, Page 507κ
Assembly Bill No. 382Assemblymen Sheerin, Gaston, Sader, Adler, Callister, Gibbons and Porter
CHAPTER 233
AN ACT relating to civil actions; authorizing the parties to an action to stipulate to the use of a simplified procedure for resolving the matter; establishing the procedure to be followed; requiring the supreme court or each district court to adopt necessary rules; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 2 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter, summary proceeding means an action governed by the provisions of this chapter.
Sec. 3. In any civil action brought in the district court in which the amount in controversy, excluding attorneys fees, interest and costs of suit, is not less than $2,500 and not more than $15,000, the parties may stipulate that the action be dealt with as a summary proceeding. The stipulation must be in writing, signed by each party and filed no later than the time of filing the case conference report required by Rule 16.1 of the Nevada Rules of Civil Procedure. Upon the motion of a party, or on its own, the court, for good cause, may rescind the designation of the case as a summary proceeding.
Sec. 4. 1. One or more affidavits sufficient to establish each claim or affirmative defense alleged by each party, together with any other relevant evidence upon which he relies must be filed:
(a) By the plaintiff, within 30 days after the date of filing the stipulation.
(b) By a defendant, within 30 days after the date the plaintiff files pursuant to paragraph (a).
(c) By the plaintiff, in response to the filing by the defendant, within 15 days after the date the defendant files pursuant to paragraph (b).
2. Any affidavit filed pursuant to this section must:
(a) Be executed under oath;
(b) Identify the affiant and, if the affiant is not a party, the party on whose behalf the affidavit is submitted; and
(c) Set forth only such statements of fact as would be admissible in evidence if the affiant were testifying as a witness.
Any affidavit that fails to conform to these requirements may be disregarded by the court or stricken, wholly or in part.
Sec. 5. No party to a summary proceeding may conduct discovery pursuant to Rules 26 to 37, inclusive, of the Nevada Rules of Civil Procedure.
Sec. 6. 1. Not later than 10 days before the date set for the trial of a summary proceeding, each party to the action shall file and serve upon each other party a trial memorandum containing:
(a) A concise statement of the facts relied upon to support each of his claims and defenses, with references to the parts of the record where these facts appear;
κ1989 Statutes of Nevada, Page 508 (CHAPTER 233, AB 382)κ
(b) A statement of any admitted or undisputed facts;
(c) A statement of any issues of law, accompanied by points and authorities addressing those issues; and
(d) Any other information required to assist the court in resolving the matter.
2. If any party fails to comply with the requirements of this section, the court may:
(a) Strike the pleadings of the offending party and enter judgment against him;
(b) Continue the trial of the matter, upon condition that the offending party pay the reasonable attorneys fees and costs incurred by each opposing party in preparing for the trial; or
(c) Take such other action as it deems appropriate under the circumstances.
Sec. 7. At the trial of a summary proceeding:
1. The matter must be tried to the court, sitting without a jury.
2. No record of the proceedings may be made, except by the court or the clerk of the court.
3. The court shall examine any witness and, if required to obtain the presence of a witness, may continue the trial for a reasonable time. Any party may cross-examine the witness concerning his testimony.
4. Each party is entitled to argue the facts and law of the case before the court.
Sec. 8. The judgment of the court in a summary proceeding is not subject to appeal.
Sec. 9. Except as otherwise provided in this chapter, the provisions of the Nevada Rules of Civil Procedure, the District Court Rules and the local rules of practice adopted in the judicial district where the action is pending apply to any summary proceeding.
Sec. 10. The supreme court or each district court shall adopt rules providing for the setting of trials for summary proceedings and such other rules as it deems necessary to carry out the provisions of this chapter.
________
Senate Bill No. 104Senator Jacobsen
CHAPTER 234
AN ACT making a supplemental appropriation to the department of commerce for the cost of replacing the van used by the state fire marshal for investigations involving arson; and providing other matters properly relating thereto.
[Approved June 5, 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 commerce the sum of $24,452 for the replacement of the van used by the state fire marshal for investigations involving arson.
κ1989 Statutes of Nevada, Page 509 (CHAPTER 234, SB 104)κ
used by the state fire marshal for investigations involving arson. This appropriation is supplemental to that made by section 36 of chapter 747, Statutes of Nevada 1985, at page 1846.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 132Committee on Natural Resources
CHAPTER 235
AN ACT relating to state lands; repealing the moratorium on the sale or exchange of such lands; requiring the approval of the state board of examiners and the interim finance committee for the sale, lease or exchange of such lands; removing inaccurate references regarding the issuance of patents to convey certain land; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state land registrar may make direct sales of lands owned by the state to public agencies of the state if the land is:
(a) Not needed for use by the state; and
(b) Needed for a valid public use.
2. Land sold pursuant to this section must be sold at a price equal to at least the current fair market value of the land plus the costs of the sale, including expenses related to the appraisal of the land.
Sec. 2. NRS 321.310 is hereby amended to read as follows:
321.310 1. Except as otherwise ordered by a competent court having jurisdiction or as otherwise provided in this section, the title of the state to any lands [sold under the provisions of this chapter shall] acquired by patent from the Federal Government must be conveyed by patent . [, free of charge, to the applicant and none other.]
2. A patent must be issued to an assignee or successor in interest of the original applicant upon [such] the assignee or successor in interest furnishing to the state land registrar [a duly] an executed and verified assignment in writing of the original contract of purchase of the land signed by the original applicant or his heirs, administrator or executor thereunto lawfully authorized, or upon the furnishing to the state land registrar by the successor in interest of a good and sufficient deed of conveyance of the original applicants right, title and interest to him in and to the contract and the land mentioned therein, which deed has theretofore been recorded in the county wherein the land is situated.
3. In case of the death of the applicant for any state lands, upon payment and compliance with the law by his heirs, devisees or assignees, patents for [such lands shall] the lands must issue in pursuance of any statute of this state in his name the same as if he were living, without requiring any order of court .
κ1989 Statutes of Nevada, Page 510 (CHAPTER 235, SB 132)κ
court . [, and when] When so issued the title to the lands designated in these patents, and the title to lands embraced in any patent heretofore issued after the death of the applicant, [shall] inure to and become vested in the heirs, devisees or assignees of the deceased patentee as if the patent had issued to the deceased person during life.
Sec. 3. NRS 321.335 is hereby amended to read as follows:
321.335 1. Except as provided in NRS 321.450 and 321.510, and section 1 of this act, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of transportation and agricultural associations organized pursuant to chapter 547 of NRS, including lands [theretofore] subject to contracts of sale [which] that have been forfeited, are governed by the provisions of this section.
2. Whenever the state land registrar deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may , with the approval of the state board of examiners and the interim finance committee, cause those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, at a price not less than their appraised value plus the costs of appraisal and publication of notice of sale.
3. Before offering any land for sale, the state land registrar shall cause it to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, that state land registrar shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice must be so published in some newspaper published in this state having a general circulation in the county where the land is situated.
5. The notice must contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and
(d) If the sale is to be at public auction, the time and place of sale; or
(e) If the sale is to be upon sealed bids, the place where the bids will be accepted, the first and last days on which the bids will be accepted, and the time when and place where the bids will be opened.
6. The state land registrar may reject any bid or offer to purchase if he deems the bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the state to reserve.
(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.
7. Upon acceptance of any bid or offer and payment to the state land registrar in accordance with the terms of sale specified in the notice of sale, the state land registrar shall convey title by quitclaim, cause a patent to be issued as provided in NRS 321.310, 321.320 and 321.330 or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate .
κ1989 Statutes of Nevada, Page 511 (CHAPTER 235, SB 132)κ
contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate . [; but those contracts] Any such contract must require that the remainder of the purchase price be paid within 25 years from the date of the contract and that the contract will immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the installment becomes due and payable pursuant to the contract.
8. Nothing in this section applies to or affects any pending contract or application for the purchase of land from the State of Nevada, whether title to it is in the state or the state is in the process of acquiring title to it under any method of exchange or selection between the state and the United States or any department or agency thereof.
9. [Any] The state land registrar may require any person requesting that state land be sold under the provisions of this section [shall] to deposit a sufficient amount of money to pay the costs to be incurred by the state land registrar in acting upon the application, including costs of publication and expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including costs of publication and expenses of appraisal , [expenses,] must be borne by the successful bidder.
Sec. 4. NRS 322.007 is hereby amended to read as follows:
322.007 Any lease of state land whose term extends or is renewable beyond 1 year must be approved by [:
1. The legislature, by concurrent resolution, when the legislature is in regular or special session; or
2. The interim finance committee, when the legislature is not in regular or special session.] the state board of examiners and the interim finance committee.
Sec. 5. NRS 322.050 is hereby amended to read as follows:
322.050 Except as provided in NRS 334.070 and 504.147, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, [with the concurrence of the governor, is authorized,] may, in addition to the authority to lease provided in NRS 322.010, 322.020 and 322.030, [to] lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060. Leases or grants of easements over or upon contract lands may be made only with the consent of the contracting party, who must be paid all money received from any such lease or grant. Easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of the agency.
Sec. 6. NRS 322.060 is hereby amended to read as follows:
322.060 Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, [shall] must be:
1. For such areas as may be required to accomplish the purpose for which [such] the land is leased or [such] the easement granted.
2. For such term and consideration as the administrator of the division of state lands of the department of conservation and natural resources, as ex officio state land registrar, may determine reasonable [.]
κ1989 Statutes of Nevada, Page 512 (CHAPTER 235, SB 132)κ
officio state land registrar, may determine reasonable [.] based upon the fair market value of the land.
3. Executed upon a form to be prepared by the attorney general . [, which form shall] The form must contain all of the covenants and agreements usual or necessary to such leases or easements.
Sec. 7. NRS 323.020 is hereby amended to read as follows:
323.020 1. The state land registrar is authorized to negotiate with the Secretary of the Interior of the United States concerning the exchange of state lands for lands belonging to the United States within or without the boundaries of stock grazing districts created within this state by the Taylor Grazing Act.
2. The state land registrar may [:] , with the approval of the state board of examiners and the interim finance committee:
(a) Exchange and cause to be exchanged, pursuant to [such] the negotiations, lands belonging to the state and then and there subject to sale by the state for lands belonging to the United States and subject to exchange for state lands pursuant to section 8 of the Taylor Grazing Act;
(b) Deliver to the United States proper conveyances of title to the state lands so exchanged; and
(c) Require of the proper officer or department of the United States Government similar conveyances of title to the state of the lands received from the United States in [such] the exchange.
Sec. 8. NRS 323.050 is hereby amended to read as follows:
323.050 All lands received from the United States in exchange for state lands may be sold [only by express legislative authority.] with the approval of the state board of examiners and the interim finance committee.
Sec. 9. NRS 323.100 is hereby amended to read as follows:
323.100 1. The state land registrar may , with the approval of the state board of examiners and the interim finance committee, exchange state lands for any lands of equal value . [belonging to private persons.] The values of the lands which are to be exchanged must be established by an appraisal conducted by [an appraiser who is certified pursuant to NRS 361.221.] a competent appraiser.
2. Upon effecting an exchange, the state land registrar shall deliver to the transferee proper conveyances of title to the state lands exchanged and shall require similar conveyances of title to the state of the lands received pursuant to the exchange.
Sec. 10. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to [232.158,] 232.157, inclusive:
1. Department means the state department of conservation and natural resources.
2. Director means the director of the state department of conservation and natural resources.
Sec. 11. NRS 232.020 is hereby amended to read as follows:
232.020 There is hereby created the state department of conservation and natural resources, in which [shall be] is vested the administration of the provisions of NRS 232.010 to [232.158,] 232.157, inclusive.
κ1989 Statutes of Nevada, Page 513 (CHAPTER 235, SB 132)κ
Sec. 12. NRS 232.140 is hereby amended to read as follows:
232.140 1. Money to carry out the provisions of NRS 232.010 to [232.158,] 232.157, inclusive, and to support the department and its various divisions and other units [shall] must be provided by direct legislative appropriation from the state general fund.
2. All money so appropriated [shall] must be paid out on claims approved by the director is the same manner as other claims against the state are paid.
Sec. 13. NRS 232.158 is hereby repealed.
________
Senate Bill No. 133Senators Mello, Hickey, Raggio, Jacobsen, Rhoads, Rawson and Beyer
CHAPTER 236
AN ACT making an appropriation to the department of education for contract services and the validation of competency tests for the initial licensing of prospective teachers, administrators and other licensed personnel; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education the sum of $26,101 for contract services and the validation of competency tests for the initial licensing of prospective teachers, administrators and other licensed personnel.
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 514κ
Senate Bill No. 184Committee on Commerce and Labor
CHAPTER 237
AN ACT relating to insurance; revising various limitations on deductibles and copayments required under certain group contracts for hospital, medical or dental services; making various other changes; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
A policy of group insurance determines its order of benefits using the first of the following which applies:
1. A policy that does not coordinate with other policies is always the primary policy.
2. The benefits of the policy which covers a person as an employee, member or subscriber, other than a dependent, is the primary policy. The policy which covers the person as a dependent is the secondary policy.
3. When more than one policy covers the same child as a dependent of different parents who are not divorced or separated, the primary policy is the policy of the parent whose birthday falls earlier in the year. The secondary policy is the policy of the parent whose birthday falls later in the year. If both parents have the same birthday, the benefits of the policy which covered the parent the longer is the primary policy. The policy which covered the parent the shorter time is the secondary policy.
4. If more than one policy covers a person as a dependent child of divorced or separated parents, benefits for the child are determined in the following order:
(a) First, the policy of the parent with custody of the child;
(b) Second, the policy of the spouse of the parent with custody; and
(c) Third, the policy of the parent without custody of the child,
unless the specific terms of a court decree state that one parent is responsible for the health care expenses of the child, in which case, the policy of that parent is the primary policy. a parent responsible for the health care pursuant to a court decree shall notify the insurer of the terms of the decree.
5. The primary policy is the policy which covers a person as an employee who is neither laid off nor retired, or that employees dependent. The secondary policy is the policy which covers that person as a laid off or retired employee, or that employees dependent.
6. If none of the rules in subsections 1 to 5, inclusive, determines the order of benefits, the primary policy is the policy which covered an employee, member or subscriber longer. The secondary policy is the policy which covered that person the shorter time.
When a policy is determined to be a secondary policy it acts to provide benefits in excess of those provided by the primary policy. The secondary policy may not reduce benefits based upon payments by the primary policy, except that this provision does not require duplication of benefits.
κ1989 Statutes of Nevada, Page 515 (CHAPTER 237, SB 184)κ
Sec. 2. NRS 695B.180 is hereby amended to read as follows:
695B.180 A contract for hospital, medical or dental services must not be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:
1. Unless the entire consideration therefor is expressed in the contract.
2. Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.
3. If the contract purports to entitle more than one person to benefits or services, except for family contracts issued under NRS 695B.190, group contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.
4. Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.
5. Except for group contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.
6. Except for group contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of the contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, that portion is printed in boldface type and with greater prominence than any other text of the contract.
7. If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of a nonprofit corporation a part of the contract unless that portion is set forth in full in the contract.
8. Unless the contract , if it is a group contract, contains a provision for benefits payable for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 695B.194.
9. If the contract provides coverage for services rendered by a hospital, other medical facility, facility for the dependent or other similar services, unless the contract provides coverage for [such] those services when rendered by a hospice.
10. Unless the contract for service in a hospital contains in blackface type, not less than 10 points, the following provisions:
This contract does not restrict or interfere with the right of any person entitled to service and care in a hospital to select the contracting hospital or to make a free choice of his attending physician, who must be the holder of a valid and unrevoked physicians license and a member of, or acceptable to, the attending staff and board of directors of the hospital in which the services are to be provided.
Sec. 3. NRS 695B.185 is hereby amended to read as follows:
695B.185 A group contract for hospital, medical or dental services which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:
κ1989 Statutes of Nevada, Page 516 (CHAPTER 237, SB 184)κ
1. May not require a deductible of more than [$500] $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.
2. May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.
3. May not provide for more than a [20] 30 percent difference between the copayment required to be paid by the insured to a preferred provider of health care and the copayment required to be paid by the insured to a provider of health care who is not preferred.
[3.] 4. Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider
[4.] 5. Must use for both the preferred providers of health care and the providers of health care who are not preferred, a common dollar amount to determine the point at which an insureds payment for coinsurance is no longer required to be paid, based on a calendar year.
[5.] 6. Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.
[6.] 7. Must require the corporation to pay a claim to a provider of health care who is not preferred not later than 30 days after the date on which proof of the claim is received.
Sec. 4. NRS 695B.194 is hereby amended to read as follows:
695B.194 1. The annual benefits provided by a policy for group health insurance issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.
2. The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
4. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
κ1989 Statutes of Nevada, Page 517 (CHAPTER 237, SB 184)κ
program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 5. NRS 695B.230 is hereby amended to read as follows:
695B.230 If more than one class of risk is included:
1. A hospital or medical or dental service contract or [certificate of individual] evidence of coverage under a group or nongroup contract [shall] must not be issued or delivered in this state until a copy of the form [thereof, and, if more than one class of risk is written, of the classification of risks, and the consideration payable by the subscriber pertaining thereto are] of the contract is filed with the commissioner and either:
[1.] (a) Thirty days expires without notice from the commissioner after [such] the copy is filed; or
[2.] (b) The commissioner gives his written approval [prior to] before that time.
2. A schedule of premium rates to be paid by subscribers under either a group or nongroup contract must not be issued, delivered or used by any nonprofit hospital, medical or dental service corporation until that corporation files with the commissioner a copy of the schedule together with any supplementary information required by the commissioner and either:
(a) Thirty days expires without notice from the commissioner after the copy is filed; or
(b) The commissioner gives his written approval before that time.
Sec. 6. The provisions of this act apply to a contract for hospital, medical or dental services issued or renewed pursuant to chapter 695B of NRS on or after July 1, 1989.
Sec. 7. This act becomes effective on July 1, 1989.
________
Senate Bill No. 214Committee on Finance
CHAPTER 238
AN ACT making an appropriation to Lincoln County from the reserve fund for the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved June 5, 1989]
whereas, Lincoln County is responsible for the payment of the expenses for the medical care for two indigent patients who are hospitalized in Lincoln County; and
whereas, These expenses, and the general economic condition of Lincoln County, were unforeseen and uncontrollable; and
κ1989 Statutes of Nevada, Page 518 (CHAPTER 238, SB 214)κ
whereas, The cost of this care substantially impairs the financial capacity of Lincoln County to provide the basic services for which is was created; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Lincoln County the sum of $14,350 for the payment of the expenses of long-term medical care for two indigent patients.
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 reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 293Committee on Commerce and Labor
CHAPTER 239
AN ACT relating to collection agencies; removing the requirement that an applicant for a license as a collection agency be a resident of this state; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 649.105 is hereby amended to read as follows:
649.105 1. An applicant for a license shall file with the commissioner, concurrently with the application, a bond in the sum of $25,000, or an appropriate substitute pursuant to NRS 649.119, which must run to the State of Nevada. The bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
2. The bonds must be conditioned:
(a) That the principal, who must be the applicant , [and who must have been a resident of the State of Nevada for at least 6 months before the application,] must, upon demand in writing, pay any customer from whom any claim for collection is received, the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and
(b) That the principal must comply with all requirements of this or any other statute with respect to the duties, obligations and liabilities of collection agencies.
________
κ1989 Statutes of Nevada, Page 519κ
Assembly Bill No. 535Committee on Ways and Means
CHAPTER 240
AN ACT making a supplemental appropriation to the senior citizens property tax assistance program of the department of taxation; and providing other matters properly relating thereto.
[Approved June 5, 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 senior citizens property tax assistance program of the department of taxation the sum of $36,500 for payment of increased claims. This appropriation is supplemental to that made by section 12 of chapter 747, Statutes of Nevada 1987, at page 1838.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 326Committee on Ways and Means
CHAPTER 241
AN ACT relating to public employees; specifying the amount to be paid by certain public employers for group insurance for the next biennium; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The cost of monthly premiums which may be applied to group life, accident or health coverage for each participating public officer or employee by the department, commission or public agency which employs the officer or employee must not exceed $168.50 from July 1, 1989, to June 30, 1990, and $193.75 from July 1, 1990, to June 30, 1991.
2. The department, commission or public agency must pay these total monthly premiums to the committee on group insurance. The committee on group insurance shall determine, by actuarial analysis, the amount to contribute toward the actuarial premium of the plan the public officer or employee selects.
3. If the amount to be contributed toward the actual premium of the plan the public officer or employee selects is less than the amount specified in subsection 1, the balance available must be credited to the self-insurance fund created pursuant to NRS 287.0435.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 520κ
Assembly Bill No. 785Committee on Government Affairs
CHAPTER 242
AN ACT relating to counties; changing the effective date of Assembly Bill No. 437 of this session, which extends to larger counties the authority to acquire, sell or lease real property for industrial development, from October 1, 1989, to May 3, 1989; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 108, Statutes of Nevada 1989, is hereby amended by adding thereto a new section designated section 3, following section 2, to read as follows:
Sec. 3. This act becomes effective upon passage and approval.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 108Committee on Government Affairs
CHAPTER 243
AN ACT relating to local governments; requiring that proceedings for the merger of certain special districts be commenced upon the incorporation of a city encompassing a district; providing for the arrangement of the affairs of a merged district; and providing other matters properly relating thereto.
[Approved June 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.043 is hereby amended to read as follows:
266.043 1. During the period from the filing of the notice of the results of the election by the county clerk pursuant to NRS 266.033 until the date the incorporation of the city becomes effective, the county is entitled to receive the taxes and other revenue from the incorporated city and shall continue to provide services to the city.
2. [All] Except as otherwise provided in section 9 of this act, all special districts, except fire protection districts, located within the boundaries of an incorporated city continue to exist within the city after the incorporation becomes effective.
Secs. 2-7. (Deleted by amendment.)
Sec. 8. Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.
Sec. 9. 1. If all the territory within a district organized pursuant to this chapter is included within the boundaries of a city incorporated under the provisions of chapter 266 of NRS, the board of county commissioners of the county shall, within 90 days after the filing of the notice required by NRS 266.033, adopt an ordinance providing for the merger of the district with the city and fixing a time and place for a hearing on the merger.
κ1989 Statutes of Nevada, Page 521 (CHAPTER 243, AB 108)κ
266.033, adopt an ordinance providing for the merger of the district with the city and fixing a time and place for a hearing on the merger.
2. The county clerk shall certify a copy of the ordinance and give notice of its adoption in the manner provided by subsection 2 of NRS 318.490.
3. The board of county commissioners shall thereafter proceed to hear and determine the matter as provided in NRS 318.495 and 318.500.
Sec. 10. If a final ordinance of dissolution is adopted pursuant to section 9 of this act:
1. The merger of the district is effective on July 1 of the year next following the date the incorporation of the city becomes effective.
2. The city shall assume the obligations and functions of the district.
3. Any outstanding and unpaid tax sale or levy and any special assessment lien of the district is valid and remains a lien upon the property against which it is assessed or levied until paid, subject to the limitations of liens provided by general law. Any tax or special assessment paid after the effective date of the merger must be placed in the general fund of the city.
4. The city council of the city has the same power to enforce the collection of any special assessment or outstanding tax sales of the district as the district would have had if it had not been merged.
Sec. 11. NRS 318.490 is hereby amended to read as follows:
318.490 1. [Whenever] Except as otherwise provided in section 9 of this act, whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that [any such] the district be merged, consolidated or dissolved, it shall so determine by ordinance, after there is first found, determined and recited in [such] the ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.
(b) The services of [such] the district are no longer needed or can be more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the ordinance to the board of [such] the district and shall mail written notice to all property owners within the district in his county, containing the following:
(a) The adoption of [such] the ordinance;
(b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on the dissolution, merger or consolidation.
Sec. 12. NRS 318.510 is hereby amended to read as follows:
318.510 1. All property and all funds remaining in the treasury of any district [shall] must be:
(a) Surrendered and transferred to the county in which the district exists and [shall] become a part of the general fund of the county, if [such] the district is dissolved;
(b) Transferred to the governmental unit which assumes its obligations and functions, if [such] the district is merged; or
(c) Transferred to the consolidated governmental unit, if [such] the district is consolidated.
κ1989 Statutes of Nevada, Page 522 (CHAPTER 243, AB 108)κ
2. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district [shall be] are valid and remain a lien against the property against which they are assessed or levied until paid, subject [, however,] to the limitations of liens provided by general law. Taxes and special assessments paid after dissolution [shall] must be placed in the general fund of the county in which the property was assessed.
3. [The] Except as otherwise provided in section 10 of this act, the board of county commissioners has the same power to enforce the collection of all special assessments and outstanding tax sales of the district as the district had if it had not been dissolved, merged or consolidated . [and the same powers to enforce the collection of special assessments.]
4. If any area comprising the district or portion thereof is annexed to a city or town within 6 months from the effective date of the dissolution ordinance, a pro rata share of all such property and funds [shall] must be transferred to the municipality.
5. If any area comprising the district or portion thereof is not annexed to a city or town within 6 months from the effective date of the dissolution ordinance, the board of county commissioners shall pay to the owners of property located within the former district pro rata shares of the money remaining in the treasury of the district, and an amount of money equal to the value of any property which is not used for the benefit of the area formerly comprising the district. The board of county commissioners may, before paying such money, apply a proportionate amount of such payment to any special assessments which are due . [and payable.]
Sec. 13. NRS 318.515 is hereby amended to read as follows:
318.515 1. Upon notification by the department of taxation or upon receipt of a petition signed by 20 percent of the qualified electors of the district, that:
(a) A district of which the board of county commissioners is not the board of trustees is not being properly managed;
(b) The board of trustees of the district is not complying with the provisions of this chapter or with any other law; or
(c) The service plan established for the district is not being complied with, the board of county commissioners of the county in which the district is located shall hold a hearing to consider the notification or petition.
2. The county clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of the notification or petition and the time and place of the hearing.
3. At the place, date and hour specified for the hearing, or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all persons desiring to be heard and shall thereafter:
(a) Adopt an ordinance constituting the board of county commissioners, ex officio, as the board of trustees of the district;
(b) Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to NRS 318.490 to 318.510, inclusive [;] , and sections 9 and 10 of this act;
κ1989 Statutes of Nevada, Page 523 (CHAPTER 243, AB 108)κ
(c) File a petition in the district court for the county in which the district is located for the appointment of a receiver for the district; or
(d) Determine by resolution that management and organization of the district will remain unchanged.
4. The department of taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph (a) or resolution adopted under paragraph (d) of subsection 3, commence an action in any court of competent jurisdiction to set aside the ordinance or resolution. After the expiration of 30 days, all actions attacking the regularity, validity and correctness of that ordinance or resolution are barred.
Sec. 14. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 373Committee on Government Affairs
CHAPTER 244
AN ACT relating to local improvement districts; making various changes regarding local improvement districts; and providing other matters properly relating thereto.
[Approved June 5, 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 a new section to read as follows:
Special benefit means the increase in the market value of a tract that is directly attributable to a project for which an assessment is made as determined by the local government that made the assessment.
Sec. 2. NRS 271.030 is hereby amended to read as follows:
271.030 Except where the context otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive, and section 1 of this act, govern the construction of this chapter.
Sec. 3. NRS 271.305 is hereby amended to read as follows:
271.305 1. In the provisional order the governing body shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.
2. Notice must be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication must be by affidavit of the publisher.
κ1989 Statutes of Nevada, Page 524 (CHAPTER 244, AB 373)κ
4. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining thereto have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice must [describe:] state:
(a) The kind of project [or projects proposed (without mentioning minor details or incidentals).] proposed.
(b) The estimated cost of the [projects, or the estimated total amount of projects,] project, and the [part or] portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place [when and] of the hearing where the governing body will consider [the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk of the municipality at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that] all objections to the project.
(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.
(i) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be [seen and] examined at the office of the clerk . [during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that]
(j) That unless there will be no substantial change, a substantial change in certain existing street elevations or grades will result from the project , [or projects proposed,] without necessarily including any statement in detail of the extent or location of any such change.
7. The notice must also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned [thereto must] will be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body must be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein will not be acquired or improved:
κ1989 Statutes of Nevada, Page 525 (CHAPTER 244, AB 373)κ
of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein will not be acquired or improved:
(1) Except in case the municipality [shall] will pay one-half or more of the total cost of any project other than a park project [as defined in NRS 271.160 with funds] with money derived from other than the levy of assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street or between improvements already made to intersecting streets, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, [shall] deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street contain a permanent structure or building, or any other type of improvement of a permanent nature.
(c) That a person should object to the formation of the district using the procedure outlined in the notice if his support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.
8. This section does not require the notice to state either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, may make minor changes in time, plans and materials entering into the work at any time before its completion.
Sec. 4. 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 resolution, make a determination that:
(a) Public convenience and necessity require the creation of the district; and
(b) The creation of the district is economically sound and feasible.
κ1989 Statutes of Nevada, Page 526 (CHAPTER 244, AB 373)κ
2. After the adoption of the resolution required by subsection 1, the governing body may, by ordinance, create the district and order the proposed project [or projects] to be acquired or improved.
[2.] 3. The ordinance 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.
(d) The character and extent of any construction units.
[3.] 4. The engineer may further revise 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 before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.
[4.] 5. The ordinance, as amended, if amended, must order the work to be done as hereinafter provided.
[5.] 6. 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. 5. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Senate Bill No. 315Senator Titus
CHAPTER 245
AN ACT relating to contractors; declaring the intent of the legislature concerning the discipline of persons licensed as contractors; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:
The legislature declares that the provisions of this chapter relating to the discipline of licensees are intended to promote public confidence and trust in the competence and integrity of licensees and to protect the health, safety and welfare of the public.
κ1989 Statutes of Nevada, Page 527 (CHAPTER 245, SB 315)κ
the competence and integrity of licensees and to protect the health, safety and welfare of the public.
________
Senate Bill No. 295Committee on Commerce and Labor
CHAPTER 246
AN ACT relating to the commissioner of insurance; adding certain fees for motor club agents and representatives in industrial insurance hearings; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 696A.300 is hereby amended to read as follows:
696A.300 1. Each license for a club agent issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of the applicable fee for renewal and a fee of $15 for the recovery fund to the commissioner. The fee must be paid on or before the last day of the month in which the license is renewable.
2. Any license not so renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required [.] and the fee of $15 for the recovery fund.
3. The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as a club agent:
(a) Application and license....................................................................................... $78
(b) Appointment by each motor club............................................................................ 5
(c) Triennial renewal of each license........................................................................ 78
Sec. 2. NRS 616.5415 is hereby amended to read as follows:
616.5415 1. It is unlawful for any person who is not:
(a) Employed full time by the employer or the employees labor organization;
(b) Admitted to practice law in this state; or
(c) Appearing without compensation on behalf of another,
to represent the employer or employee at hearings of contested cases unless licensed to do so by the commissioner.
2. The commissioner shall adopt regulations which include the:
(a) Requirements for licensure of employers and employees representatives, including:
(1) The registration of each representative; and
(2) The filing of a copy of each written agreement for the compensation of a representative;
κ1989 Statutes of Nevada, Page 528 (CHAPTER 246, SB 295)κ
(b) Procedure for such licensure; and
(c) Causes for revocation of such a license, including any applicable action listed in NRS 616.647 or a violation of this section.
3. Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employers representative violates any provision of this chapter, the employer is liable for any penalty assessed because of that violation.
4. An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.
5. The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as an employers or an employees representative:
(a) Application and license....................................................................................... $78
(b) Triennial renewal of each license........................................................................ 78
Sec. 3. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 668Assemblyman Spriggs
CHAPTER 247
AN ACT relating to nonprofit cooperative corporations without stock; specifying that a consolidated cooperative has the same rights, powers and duties as other nonprofit cooperative corporations without stock; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 81.505 is hereby amended to read as follows:
81.505 1. A rural electric cooperative formed or consolidated pursuant to NRS 81.410 to 81.540, inclusive, may sell, lease or otherwise dispose of all or a substantial portion of its assets only if the sale, lease or disposition is:
(a) Authorized by the affirmative vote of not less than three-fourths of the directors of the cooperative; and
(b) Assented to by two-thirds of the members of the cooperative:
(1) In writing; or
(2) By a vote of the members at a meeting, notice of which has been given in the manner provided in NRS 78.730. For the purposes of this subparagraph, any reference in NRS 78.370 to stockholder must be replaced by a reference to member.
2. As used in this section, substantial portion of its assets means any portion of the assets of a cooperative representing 25 percent or more of the total book value of all of its assets.
Sec. 2. NRS 81.510 is hereby amended to read as follows:
81.510 1. Upon written assent of two-thirds of all the members or by a vote of members representing two-thirds of the total votes of all members of each of two or more such nonprofit cooperative corporations to cooperate with each other for the more economical carrying on of their respective businesses by consolidation, such consolidation [shall] must be effected by two or more associations entering into an agreement in writing and adopting a name, which agreement must:
κ1989 Statutes of Nevada, Page 529 (CHAPTER 247, AB 668)κ
with each other for the more economical carrying on of their respective businesses by consolidation, such consolidation [shall] must be effected by two or more associations entering into an agreement in writing and adopting a name, which agreement must:
(a) Be signed by two-thirds of the members of each such association.
(b) State all the matters necessary to articles of association.
(c) Be acknowledged by the signers before a person competent to take an acknowledgment of deeds in this state.
(d) Be filed or microfilmed in the office of the county clerk of the county wherein the principal business of the association is to be transacted.
2. A certified copy of the agreements [shall] must be filed in the office of the secretary of state and the same fees for filing and recording, as required for filing and recording of original articles of incorporation, [shall] must be paid. From and after the filing of the certified copy, the former associations comprising the component parts cease to exist, and the consolidated association:
(a) Succeeds to all the rights, duties and powers of the component associations.
(b) Is possessed of all the rights, duties and powers [prescribed] :
(1) Prescribed in the agreement of consolidated associations not inconsistent with NRS 81.410 to 81.540, inclusive [.] ; and
(2) Of a corporation formed pursuant to NRS 81.410 to 81.540, inclusive.
(c) Is subject to all the liabilities and obligations of the former component associations.
(d) Succeeds to all the property and interests thereof.
(e) May make bylaws and do all things permitted by NRS 81.410 to 81.540, inclusive.
3. Any such corporation, upon resolution adopted by its board of directors, [shall have] has the power:
(a) To enter into contracts and agreements.
(b) To make stipulations and arrangements with any other corporation or corporations for the cooperative and more economical carrying on of its business, or any part or parts thereof.
4. Any two or more cooperative corporations organized under NRS 81.410 to 81.540, inclusive, upon resolutions adopted by their respective boards of directors, may for the purpose of more economically carrying out their respective businesses, by agreement, unite in adopting, employing and using, or several such corporations may separately adopt, employ and use, the same methods, policy, means, agents, agencies and terms of marketing for carrying on and conducting their respective businesses.
________
κ1989 Statutes of Nevada, Page 530κ
Assembly Bill No. 573Committee on Judiciary
CHAPTER 248
AN ACT relating to adoption; prohibiting the placement of an infant in an adoptive home until the mother has executed a valid release for or consent to adoption; restricting the appointment of a guardian for a child until such a release or consent has been executed and the welfare division of the department of human resources has completed its investigation of the adoptive parents; requiring adoptive parents to submit fingerprints to the welfare division for submission to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation; requiring receipt of an investigative report by the welfare division before placement of a child in a home outside of this state; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, a child must not be placed in an adoptive home until a valid release for or consent to adoption is executed by the mother as provided by NRS 127.070.
2. The provisions of this section do not apply if one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity.
Sec. 3. 1. Except as otherwise provided in subsection 2, until a valid release for or consent to adoption is executed by the mother as provided by NRS 127.070 and the investigation required by NRS 127.280 is completed, no person may:
(a) Petition any court for the appointment of a guardian; or
(b) Be appointed the temporary guardian,
of the person of the child to be adopted.
2. The provisions of subsection 1 do not apply person who is related or whose spouse is related to the child within the third degree of consanguinity.
Sec. 4. 1. A prospective adoptive parent who is subject to an investigation by the welfare division or a child-placing agency must submit as part of the investigation a complete set of his fingerprints and written permission authorizing the division or child-placing agency to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation.
2. The division or child-placing agency may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the division or child-placing agency that submitted the fingerprints.
4. Any fees for fingerprinting and submission to the central repository and the Federal Bureau of Investigation must be paid by the prospective adoptive parent.
κ1989 Statutes of Nevada, Page 531 (CHAPTER 248, AB 573)κ
Sec. 5. NRS 127.070 is hereby amended to read as follows:
127.070 1. All releases for and consents to adoption executed in this state by the mother before the birth of a child or within 72 hours after the birth of a child are invalid.
2. A release for or consent to adoption may be executed by the father before the birth of the child if the father is not married to the mother. A release executed by the father becomes invalid if:
(a) The father of the child marries the mother of the child before the child is born;
(b) The mother of the child does not execute a release for or consent to adoption of the child within 6 months after the birth of the child; or
(c) No petition for adoption of the child has been filed within 2 years after the birth of the child.
Sec. 6. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 127.230 to 127.310, inclusive, and section 4 of this act, unless the context otherwise requires:
1. Arrange the placement of a child means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.
2. Child-placing agency means the welfare division of the department of human resources or a nonprofit corporation organized under NRS 81.290 to 81.340, inclusive, and licensed by the welfare division to place children for adoption or permanent free care.
3. Person includes a hospital.
4. Recommend the placement of a child means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.
Sec. 7. NRS 127.240 is hereby amended to read as follows:
127.240 1. No person may place, arrange the placement of, or assist in placing or arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the welfare division of the department of human resources. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.
2. This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of subsections 1 to [4,] 5, inclusive, of NRS 127.280.
3. This section does not prohibit the welfare division of the department of human resources from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.
Sec. 8. NRS 127.280 is hereby amended to read as follows:
127.280 1. A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless the welfare division of the department of human resources first receives written notice of the proposed placement from:
κ1989 Statutes of Nevada, Page 532 (CHAPTER 248, AB 573)κ
prospective adoptive parents are related within the third degree of consanguinity, unless the welfare division of the department of human resources first receives written notice of the proposed placement from:
(a) The prospective adoptive parents of the child;
(b) The person recommending the placement; or
(c) A child-placing agency,
and the investigation required by the provisions of this section has been completed.
2. If the placement is to be made by a child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If the placement is recommended by a person other than a child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.
4. If the placement is to be made in a home outside of this state, the welfare division must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.
5. Pending completion of the required investigation, the child must be:
(a) Retained by the natural parent; or
(b) Voluntarily placed by the natural parent with the welfare division or relinquished to the welfare division and placed by the welfare division in a foster home licensed by it,
until a determination is made by the welfare division concerning the suitability of the prospective adoptive parents.
[5.] 6. Upon completion of the investigation, the welfare division shall forthwith inform the person recommending the placement and the prospective adoptive parents of the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the natural parent must execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed and if the child has not been relinquished pursuant to the provisions of subsection [4,] 5, and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
κ1989 Statutes of Nevada, Page 533 (CHAPTER 248, AB 573)κ
order the return of the child to care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
[6.] 7. Whenever the welfare division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the welfare divisions petition, and proceed pursuant to paragraph (b) of subsection [5;] 6; or
(2) Proceed pursuant to paragraph (b) of subsection [5] 6 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
[7.] 8. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the welfare division does not proceed pursuant to subsection [6,] 7, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection [5.
8.] 6.
9. Any person who places, accepts placements of, or aids, abets or counsels the placement of any child in violation of this section is guilty of a gross misdemeanor.
Sec. 9. NRS 159.044 is hereby amended to read as follows:
159.044 1. [A] Except as otherwise provided in section 3 of this act, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.
2. The petition must state:
(a) The name and address of the petitioner;
(b) The name, age and address of the proposed ward;
(c) Whether the proposed ward is a resident or nonresident of this state;
κ1989 Statutes of Nevada, Page 534 (CHAPTER 248, AB 573)κ
(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree;
(e) The name and address of the proposed guardian;
(f) A summary of the reasons why a guardian is needed;
(g) Whether the appointment of a general or a special guardian is sought;
(h) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Veterans Administration, the petition must so state;
(i) The name and address of any person or institution having the care, custody or control of the proposed ward;
(j) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment; and
(k) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
Sec. 10. NRS 159.205 is hereby amended to read as follows:
159.205 1. [Any] Except as otherwise provided in section 3 of this act, any competent adult person residing in this state may be appointed as the temporary guardian of the person of a minor child residing in this state, without the approval of a court, by an instrument in writing providing for [such] the appointment, executed by both parents if living, not divorced and in legal custody of [such] the minor, otherwise by the parent having legal custody, and acknowledged in the same manner as deeds are acknowledged in this state.
2. [Such instrument shall] The instrument must contain a provision for its expiration on a date not more than 6 months after the date of execution unless renewed by an acknowledged writing [prior to] before its expiration date. If such a provision is not [expressed in such] included in the instrument, the instrument [shall expire] expires by operation of law 6 months after the date of its execution.
3. The appointment of a temporary guardian [under] pursuant to this section:
(a) May be terminated by an instrument in writing signed by either parent if [such] that parent has not been deprived of the legal custody of the minor . [; and]
(b) Is terminated by any order of a court of competent jurisdiction [which] that appoints a guardian.
________
κ1989 Statutes of Nevada, Page 535κ
Assembly Bill No. 512Committee on Natural Resources, Agriculture and Mining
CHAPTER 249
AN ACT relating to water rights; facilitating the acquisition and retention of water rights by a public utility or political subdivision; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.
3. Subject to the provisions of NRS 533.395, the appropriation of water or the acquisition or lease of appropriated water from any:
(a) Stream system as provided for in this chapter; or
(b) Underground water as provided for in NRS 534.080,
by a political subdivision of this state or a public utility as defined in NRS 704.020 to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the state engineer, is a beneficial use.
________
Assembly Bill No. 646Committee on Natural Resources, Agriculture and Mining
CHAPTER 250
AN ACT relating to water; increasing the limit on the assessment for water distribution expenses incurred by the state engineer; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.280 is hereby amended to read as follows:
533.280 1. The state engineer shall, between the [1st] first Monday of October and the [1st] first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.
2. The budget must show the following detail:
(a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.
κ1989 Statutes of Nevada, Page 536 (CHAPTER 250, AB 646)κ
(b) The aggregate water rights in the stream system or water district as determined by the state engineer or the court.
(c) The unit charge necessary to provide the money required.
(d) The charge against each water user, which must be based upon the proportion which his water right bears to the aggregate water rights in the stream system , [;] but the minimum charge is $1.
3. When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.
4. When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses [shall] must not exceed [16] 21 cents per acre-foot of water decreed.
Sec. 2. This act becomes effective on July 1, 1989.
________
Senate Bill No. 209Committee on Natural Resources
CHAPTER 251
AN ACT relating to the treatment of animals; providing for the licensing of euthanasia technicians; clarifying that the practice of veterinary medicine includes the euthanasia of certain animals; providing for the annual renewal of the licenses of certain persons who treat animals; authorizing euthanasia technicians who are registered with the state board of pharmacy to possess and administer sodium pentobarbital; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. Animal excludes man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.
Sec. 3. Animal technician means a person who is formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.
Sec. 4. Board means the Nevada state board of veterinary medical examiners.
Sec. 5. Euthanasia technician means an employee of a law enforcement agency, an animal control agency, or of a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS, who is licensed by the board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals.
Sec. 6. Licensed veterinarian means a person who is validly and currently licensed to practice veterinary medicine in this state.
Sec. 7. Practice veterinary medicine means:
κ1989 Statutes of Nevada, Page 537 (CHAPTER 251, SB 209)κ
1. To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, and including testing for pregnancy or for correcting sterility or infertility, or to render advice or recommendation with regard to any of these.
2. To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subsection 1.
3. To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subsection 1, except where the person is a veterinarian.
Sec. 8. School of veterinary medicine means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.
Sec. 9. Veterinarian means a person who has received a doctors degree in veterinary medicine from a school of veterinary medicine.
Sec. 10. Veterinary medicine includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.
Sec. 11. 1. Any person who desires to secure a license as a euthanasia technician must make written application to the executive secretary of the board.
2. The application must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.
(d) Has furnished any other information required by the board.
3. The application must be accompanied by a fee to be set by the board in an amount not to exceed $200.
Sec. 12. The board shall examine every applicant for a license as a euthanasia technician in order to determine his qualifications, and may issue or deny a license on the basis of the examination. All examinees must be tested by a written examination which may be supplemented by oral interviews and practical demonstrations as the board deems necessary.
Sec. 13. A euthanasia technician shall surrender his license to the board, and notify the state board of pharmacy, when he ceases to be employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.
Sec. 14. The board may adopt regulations governing the tasks and procedures that may be performed by a euthanasia technician.
Sec. 15. NRS 638.010 is hereby amended to read as follows:
638.010 As used in this chapter [:
κ1989 Statutes of Nevada, Page 538 (CHAPTER 251, SB 209)κ
1. Animal excludes man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.
2. Animal technician means a person who is formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.
3. Board means the Nevada state board of veterinary medical examiners.
4. Licensed veterinarian means a person who is validly and currently licensed to practice veterinary medicine in this state.
5. Practice veterinary medicine means:
(a) To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, and including testing for pregnancy or for correcting sterility or infertility; or to render advice or recommendation with regard to any of these.
(b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a).
(c) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph (a), except where the person is a veterinarian.
6. School of veterinary medicine means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.
7. Veterinarian means a person who has received a doctors degree in veterinary medicine from a school of veterinary medicine.
8. Veterinary medicine includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.] , unless the context otherwise requires, the words and terms defined in sections 2 to 10, inclusive, have the meanings ascribed to them in those sections.
Sec. 16. NRS 638.127 is hereby amended to read as follows:
638.127 1. On or before January 1 of each [even-numbered] year, the executive secretary shall mail to each person licensed under the provisions of this chapter an application form for the [biennial] renewal of his license.
2. Each applicant for renewal must complete the form and return it to the executive secretary, accompanied by the renewal fee, before March 1 of [such] each year. The renewal fee may be set by the board in an amount not to exceed $200.
3. Upon receipt of the application and fee, the board shall issue to that person a certificate of renewal.
4. Any person who fails to renew his license on or before May 1 of [such] each year forfeits his license.
5. When a person has forfeited his license in the manner provided in subsection 4, the board may reinstate the license and issue a certificate of renewal upon payment of the renewal fee and a delinquency penalty of $10 for each month or fraction thereof the license was not renewed after March 1.
κ1989 Statutes of Nevada, Page 539 (CHAPTER 251, SB 209)κ
6. If a licensee does not practice for more than 12 consecutive months, the board may require him to take an examination to determine his competency before renewing his license.
Sec 17. NRS 453.126 is hereby amended to read as follows:
453.126 Practitioner means:
1. A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state and is registered pursuant to this chapter.
2. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess, administer or dispense controlled substances.
3. A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice in this state.
4. A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, when he possesses or administers sodium pentobarbital pursuant to his license and registration.
Sec. 18. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.552, inclusive:
1. Medical intern means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
2. Physician, dentist, podiatrist, [veterinarian and] veterinarian, pharmacist and euthanasia technician means persons authorized by a valid license to practice their respective professions in this state who are registered with the board.
Sec. 19. NRS 453.381 is hereby amended to read as follows:
453.381 1. A physician, dentist or podiatrist may prescribe, administer or dispense controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he is prohibited from prescribing, administering or dispensing controlled substances listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess, administer and dispense controlled substances, and he may cause them to be administered by an [assistant or orderly] animal technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the course of the professional practice of a physician, dentist, podiatrist or veterinarian.
[4.] 5. Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of the physician, dentist, podiatrist or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
κ1989 Statutes of Nevada, Page 540 (CHAPTER 251, SB 209)κ
[5.] 6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
[6.] 7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
[7.] 8. No person may dispense a controlled substance in violation of a regulation adopted by the board.
________
Assembly Bill No. 565Assemblyman Callister
CHAPTER 252
AN ACT relating to credit insurance; making various changes concerning credit life and credit disability insurance; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 690A.040 is hereby amended to read as follows:
690A.040 1. Except as otherwise provided in subsections 2 and 3 [and 4, the initial] , the amount of credit life insurance must not exceed the total amount repayable under the contract of indebtedness [plus a reasonable allowance for delinquencies. If] and, where an indebtedness is repayable in substantially equal installments, the amount of insurance must [follow a schedule based upon:
(a) The amount required to liquidate the scheduled indebtedness, less any unearned interest or finance charge, or upon amortization of the indebtedness at an assumed rate of interest or finance charge; and
(b) A level amount of insurance to allow for delinquencies, not to exceed one-sixth of the sum of all installments due within a 12-month period, except as may be provided by regulation adopted by the commissioner. If the schedule for repayment of the indebtedness provides for payments which are substantially equal each month or each year, the amount of scheduled insurance must be adjusted monthly.
2. Except as otherwise provided in subsections 3 and 4, and as an alternative to the provisions of subsection 1, insurance may be written in an amount which does not initially exceed the amount financed and which at no subsequent time exceeds the actual indebtedness after deducting unearned interest or finance charges, if any.
3.] not exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.
2. Life insurance for credit transactions not providing for amortization of the indebtedness may be issued up to the amount of the indebtedness or a level term plan of insurance may be issued for a term not to exceed the actual term of the indebtedness.
κ1989 Statutes of Nevada, Page 541 (CHAPTER 252, AB 565)κ
[4.] 3. Insurance on commitments for an educational credit or agricultural transaction may be issued for the amount of the commitment that has not been advanced by the creditor.
Sec. 2. NRS 690A.060 is hereby amended to read as follows:
690A.060 1. Except as otherwise provided in subsections 2 and 3, the term of any credit insurance must, subject to acceptance by the insurer, begin on the date the debtor becomes obligated to the creditor, or the date the debtor applies for the insurance, whichever is later.
2. If a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to the indebtedness begins on the effective date of the policy or the effective date of the coverage, whichever is later.
3. If evidence of insurability is required and the evidence is furnished more than 30 days after the date the debtor becomes obligated to the creditor, the term of the insurance may begin on the date the insurer determines the evidence to be satisfactory, in which case there must be an appropriate refund or adjustment of any charge to the debtor for insurance.
4. The term of the insurance must [remain in effect until the day the final payment is scheduled to be made.] not extend more than 15 days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor, but may be less than the term of the credit transaction to provide modified or partial coverage. If the indebtedness is discharged by renewal or refinancing before the date it would have been repaid if payments had been made as scheduled, the insurance in force must be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness.
5. To the extent a dispute arises between insurers as to the liability of the insurers for a specific claim, the original insurer is obligated to honor the claim pending a resolution of the dispute.
Sec. 3. NRS 690A.070 is hereby amended to read as follows:
690A.070 1. All credit insurance must be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance.
2. Each policy or certificate must, in addition to other requirements of law:
(a) Set forth the full name of the insurer and the address of its home office, the name of the debtor or, in the case of a certificate under a group policy, the identity of the debtor by name or otherwise;
(b) Set forth separately for each type of credit insurance the rate for the premium or the amount of payment, if any, by the debtor, and a description of the coverage, including the amount and term of the coverage, and any exceptions, limitations and restrictions; and
(c) State that the benefits are payable to the creditor to reduce or extinguish the unpaid indebtedness and, if the amount of insurance exceeds the unpaid indebtedness, that the excess is payable to a beneficiary, other than the creditor, named by the debtor or to his estate.
3. Except as otherwise provided in this section, the individual policy or group certificate of insurance must be delivered to the insured debtor at the time the indebtedness is incurred.
κ1989 Statutes of Nevada, Page 542 (CHAPTER 252, AB 565)κ
4. If a debtor makes a separate payment for credit life or credit health insurance and an individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for the insurance or a notice of proposed insurance must be delivered at [such] that time to the debtor. The copy of the application for or notice of proposed insurance must:
(a) Be signed by the debtor;
(b) Set forth the identity by name or otherwise of the person insured;
(c) Set forth separately for each type of coverage the rate or amount of payment by the debtor, if any;
(d) Contain a statement that within 30 days after acceptance of the contract by the insurer, an individual policy or group certificate of insurance will be delivered to the debtor; and
(e) Refer exclusively to insurance coverage, and must be separate from the loan, sale or other credit statement of account, instrument or agreement, unless the information required by this subsection is prominently set forth in the application or notice.
Upon acceptance of the insurance by the insurer and within 30 days after the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. The application or notice of proposed insurance must state that upon acceptance by the insurer, the insurance becomes effective as provided in NRS 690A.060.
5. If the insurer named in the application or notice of proposed insurance does not accept the risk, but another insurer accepts the risk, the debtor must receive a policy or certificate of insurance from that insurer setting forth the full name of the substituted insurer, the address of its home office and the rate or amount of the premium to be charged. If the rate or amount of premium is less than set forth in the notice of proposed insurance, an appropriate refund must be made.
Sec. 4. NRS 690A.080 is hereby amended to read as follows:
690A.080 1. Each insurer shall file with the commissioner for his approval a copy of:
(a) Any policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement and rider relating to credit insurance.
(b) The schedules of rates for premiums and the formulas for refunds relating to credit insurance.
2. No book, chart, card or table of rates or table of refunds may be used or distributed by any insurer or its agents in this state unless [they contain] it contains in a prominent place the full name of the insurer and the address of its home office.
3. The commissioner shall, within 30 days after its filing, approve the policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement or rider if the benefits provided are reasonable in relation to the premium, or if it does not contain any provision which [is] :
(a) Is unjust, unfair, inequitable, misleading [, deceptive or encourages] or deceptive;
(b) Encourages misrepresentation of the coverage [, or is] ; or
(c) Is contrary to any provision of this code or of any regulation adopted pursuant to it.
κ1989 Statutes of Nevada, Page 543 (CHAPTER 252, AB 565)κ
4. The commissioner may adopt by regulation forms for use in the issuance of credit insurance, including applications, policies, forms for claims and any other forms required for the sale, issuance and administration of credit insurance. An insurer may elect to use those forms in lieu of any other forms. If an officer of the insurer submits, in the manner prescribed by the commissioner, a written certification to the commissioner that the forms used by the insurer are identical to those adopted by the commissioner, the insurer is not required to file those forms with the commissioner for approval.
5. [All forms adopted by the commissioner pursuant to subsection 4 shall be deemed to contain the minimum standards for other forms of the same type. Before January 1, 1989, each insurer issuing credit insurance in this state shall:
(a) Adopt for its use the form adopted by the commissioner; or
(b) Refile its own forms with the commissioner to determine if they meet the minimum standards adopted by the commissioner.
6.] The commissioner may, at any time after a hearing held not less than 20 days after written notice to the insurer, withdraw his approval of any such item on any ground set forth in subsection 3. The written notice of the hearing must state the reason for the proposed withdrawal.
[7.] 6. The insurer shall not issue the item or use it after the effective date of the withdrawal.
[8.] 7. If a group policy has been delivered in this state before January 1, 1972, or has been or is delivered in another state before, on or after January 1, 1972, the insurer shall file only the group certificate and notice of proposed insurance delivered or issued for delivery in this state as specified in subsections 2 and 4 of NRS 690A.070, and the forms must be approved by the commissioner if they conform with the requirements specified in those subsections and if the schedules of rates for premiums applicable to the insurance evidenced by the certificate or notice are not in excess of the insurers schedules of rates for premiums filed with the commissioner.
Sec. 5. NRS 690A.150 is hereby amended to read as follows:
690A.150 1. Each insurer who writes credit insurance shall [prepare] maintain statistics separately for each calendar year or policy year for group policies , [and] for each calendar year for individual policies [for] and with respect to each creditor on whose debtors [term] credit insurance is provided. The statistics must reflect separately for each type of credit insurance issued, and for direct insurance and reinsurance assumed, the following:
(a) Gross premiums received.
(b) Refunds of premiums on terminated insurance.
(c) The increase or decrease in reserves for unearned premiums.
(d) Earned premiums.
(e) The amount of claims paid.
(f) The increase or decrease in the reserves for claims.
(g) The amount of claims incurred.
(h) The increase or decrease in reserves, except for reserves for unearned premiums and claims.
(i) The amount of commissions allowed.
(j) Fees and all other allowances.
(k) The amount of dividends and refunds paid based on experience ratings.
κ1989 Statutes of Nevada, Page 544 (CHAPTER 252, AB 565)κ
(l) The average number of individual policies in force during the calendar year.
2. In addition to the statistics required [in] to be maintained pursuant to subsection 1, each insurer writing credit disability insurance shall [keep] maintain a record [for] separately with respect to each creditor showing the nature of the benefits payable, the period from the date the claim is filed until benefits are paid, and the rates at which premiums are charged.
Sec. 6. NRS 690A.190 is hereby amended to read as follows:
690A.190 1. Except as otherwise provided in subsection 2, any rate in the schedule of rates filed with the commissioner for approval is excessive if it exceeds the amount prescribed for that type of insurance in the schedules listed in NRS 690A.200, 690A.210 and 690A.220.
2. The commissioner may approve a rate higher than the rates listed in the schedules in NRS 690A.200, 690A.210 and 690A.220 for credit insurance for a nonstandard risk or class of risk upon the filing by the insurer of statistical information [by the insurer] that justifies the higher rate. If approval is given for the higher rate, the insurer must file annually with the commissioner the statistical experience for those rates to justify the continuation of the higher rate.
3. If any policy of insurance contains provisions which are more restrictive in any material respect than those provisions for which rates have been approved by the commissioner, the rates for that coverage must be lowered to reflect the variance to the extent that a significant difference in the cost of the claim may reasonably be anticipated.
Sec. 7. NRS 690A.210 is hereby amended to read as follows:
690A.210 1. The maximum allowable rates for credit disability insurance are as follows:
SINGLE PREMIUM BASIS
Term of Loan Prospective Retroactive
in Months Benefits Benefits
14-Day 30-Day 7-Day 14-Day 30-Day
1 to 12 $1.40 $0.80 $3.00 $2.20 $1.70
13 to 24 2.20 1.60 4.00 3.002.50
25 to 36 3.00 2.40 5.00 3.803.30
37 to 48 3.50 2.90 6.00 4.303.80
49 to 60 3.90 3.30 7.00 4.704.20
61 to 72 4.30 3.70 8.00 5.104.60
73 to 84 4.70 4.10 9.00 5.505.00
85 to 96 5.10 4.50 10.00 5.905.40
97 to 108 5.50 4.90 11.00 6.305.80
109 to 120 5.90 5.30 12.00 6.706.20
121 to 132 6.30 5.70 13.00 7.106.60
133 to 144 6.70 6.10 14.00 7.507.00
145 to 156 7.10 6.50 15.00 7.907.40
157 to 168 7.50 6.90 16.00 8.307.90
169 to 180 7.90 7.10 17.00 8.808.30 These rates are for $100 of insurance per annum.
κ1989 Statutes of Nevada, Page 545 (CHAPTER 252, AB 565)κ
These rates are for $100 of insurance per annum.
OUTSTANDING BALANCE BASIS
Term of Loan [Retrospective] Prospective Retroactive
in Months Benefits Benefits
14-Day 30-Day 7-Day 14-Day 30-Day
1 to 12 $2.15 $1.23 $4.62 $3.38 $2.62
13 to 24 1.76 1.28 3.20 2.402.00
25 to 36 1.62 1.30 2.70 2.051.78
37 to 48 1.43 1.18 2.45 1.761.55
49 to 60 1.28 1.08 2.30 1.541.38
61 to 72 1.18 1.01 2.19 1.401.26
73 to 84 1.11 0.96 2.12 1.291.18
85 to 96 1.05 0.93 2.06 1.221.11
97 to 108 1.01 0.90 2.02 1.161.06
109 to 120 0.98 0.88 1.98 1.111.02
These rates are for $1,000 of outstanding monthly balance of the insured indebtedness.
2. The commissioner may approve the use by an insurer of a single rate, without regard to the term of the loan, applied to all loans on the basis of outstanding balance, if he finds that the single rate is actuarially consistent with the rates specified in subsection 1.
3. The rates in this section are acceptable only if the coverage issued in conjunction with those rates contains no exception for a preexisting condition except for a condition that:
(a) Requires medical diagnosis or treatment within the 6 months immediately preceding the effective date of [the policy;] coverage; and
(b) Causes [loss] disability that begins within 6 months after the effective date of [the policy.
3.] coverage.
4. Any policy of insurance using the rates set forth in this section may exclude or restrict coverage for total disability resulting from intentionally self-inflicted injuries, foreign travel or residency, flight in nonscheduled aircraft, war or military service
[4.] 5. As used in this section:
(a) Prospective refers to a method of paying benefits for credit disability insurance in which the benefits are payable only after the person has been disabled a minimum number of days as designated in the contract of insurance.
(b) Retroactive refers to a method of paying benefits for credit disability insurance in which the benefits are paid from the date the disability occurs but only after the person has been disabled a minimum number of days as designated in the contract.
Sec. 8. NRS 690A.230 is hereby amended to read as follows:
690A.230 1. [A] Except as otherwise provided in subsection 5, a policy of credit insurance may not contain any restriction based on age except to exclude from coverage a debtor who is 66 years of age or older at the time the indebtedness is incurred or who will attain the age of 70 on or before the date of maturity of the indebtedness.
κ1989 Statutes of Nevada, Page 546 (CHAPTER 252, AB 565)κ
indebtedness is incurred or who will attain the age of 70 on or before the date of maturity of the indebtedness.
2. [Any] Except as otherwise provided in subsection 5, any restriction based on age may be used only to determine initial eligibility for coverage. Except as otherwise provided in [subsection 4,] subsections 4 and 5, such a restriction may not be used as a basis [of] for terminating existing coverage or denying claims.
3. This section does not preclude an insurer from challenging a fraudulent misstatement of age during the contestable period, if the information regarding age is contained in a written instrument signed by the debtor and a copy of the instrument is given to the debtor.
4. If a debtor exceeds the age for eligibility and has correctly stated his age in writing and a certificate or policy is issued to him in error, the insurer may within 60 days after the date of the indebtedness terminate coverage and refund the full premium paid by the debtor unless the debtor is disabled or involuntarily unemployed as defined in the terms of the policy or has died before the date of termination.
5. When insurance is provided with charges made to insured debtors on the basis of outstanding balance or without an identifiable charge made to insured debtors, the policy may provide for termination of insurance upon attainment by the debtor of a specified age not less than 70 years of age.
________
Assembly Bill No. 354Assemblymen Nevin, Evans and Sader
CHAPTER 253
AN ACT relating to the City of Sparks; requiring the salary of a municipal judge to be uniform for all departments of the municipal court; authorizing the city council to increase the salary of a municipal judge during his term of office; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.060 of chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 59, is hereby amended to read as follows:
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Five members of the council.
(c) A city attorney.
(d) Municipal judges, the number to be determined pursuant to section 4.010.
2. All elective officers of the city, except the city attorney, must be:
κ1989 Statutes of Nevada, Page 547 (CHAPTER 253, AB 354)κ
(a) Bona fide residents of the city for at least 30 days immediately preceding the last day for filing a declaration of candidacy for such an office.
(b) Residents of the city during their term of office, and, in the case of a member of the council, a resident of the ward the member represents.
(c) Registered voters within the city.
3. No person may be elected or appointed as a member of the council who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, or, in the case of appointment, 30 days immediately preceding the day the office became vacant.
4. The city attorney must be a registered voter in the State of Nevada and a licensed member of the State Bar of Nevada.
5. Each elective officer is entitled to receive a salary in an amount fixed by the city council. At any time before January 1 of the year in which a general municipal election is held, the city council shall enact an ordinance fixing the initial salary for each elective office for the term beginning on the 1st Monday following that election. This ordinance may not be amended to increase or decrease the salary for [any office] the office of mayor, city councilman or city attorney during the term. If the city council fails to enact such an ordinance before January 1 of the election year, the succeeding elective officers must receive the same salaries of their respective predecessors.
Sec. 2. Section 4.020 of chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1318, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Judge.
1. A municipal judge shall not engage in any other business or occupation without the approval of the city council.
2. The salary of a municipal judge must be fixed by ordinance and be uniform for all departments of the municipal court. The salary may not be decreased but may be increased during the terms for which the judges are elected or appointed.
________
κ1989 Statutes of Nevada, Page 548κ
Senate Bill No. 409Committee on Judiciary
CHAPTER 254
AN ACT relating to eminent domain; extending the right of eminent domain to partnerships; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 37.009 is hereby amended to read as follows:
37.009 As used in this chapter, unless the context otherwise requires:
1. Final judgment means a judgment which cannot be directly attacked by appeal, motion for new trial or motion to vacate the judgment.
2. Judgment means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff.
3. Partnership includes a limited partnership.
Sec. 2. NRS 37.050 is hereby amended to read as follows:
37.050 [Where] If land is required for public use, the person , [or] corporation or partnership or its agents in charge of the use may survey and locate it. The land must be located in the manner most compatible with the greatest public good and the least private injury, and subject to this chapter. Upon written notice to the owner at least 10 days before entry, the person , [or] corporation or partnership or his or its agents in charge of a public use may enter upon the land and make examinations, surveys and maps thereof, and the entry does not give rise to any cause of action in favor of the [owners] owner of the [lands] land, except for actual damages sustained and all injuries resulting from negligence, wantonness or malice. The words examinations and surveys include, but are not limited to, archeological and other surveys necessary for the preparation of environmental impact and other precondemnation statements or supporting data.
Sec. 3. NRS 37.070 is hereby amended to read as follows:
37.070 The complaint must contain:
1. The name of the court in which the action is commenced.
2. The name of the corporation, partnership, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff.
3. The names of all owners, occupants and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.
4. A statement of the right of the plaintiff.
5. If a right of way [be] is sought, the complaint must show the location, general route and termini, and must be accompanied with a map thereof, so far as the [same] right of way is involved in the action or proceeding.
6. A description of each piece of land sought to be taken, and whether [the same] it includes the whole or only part of an entire parcel or tract. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the conveniences of parties . [; but each] Each defendant, at his option, may have a separate trial.
κ1989 Statutes of Nevada, Page 549 (CHAPTER 254, SB 409)κ
Sec. 4. NRS 37.250 is hereby amended to read as follows:
37.250 The right of eminent domain is hereby granted to nonresident or foreign corporations [,] or partnerships which are now organized or may be organized under the laws of another state or territory, or under any act of Congress, and upon the same terms and conditions as any resident citizen , [or] domestic corporation [; but before] or partnership. Before any corporation or partnership organized or incorporated otherwise than under the laws of this state [shall be] is entitled to any of the rights granted by this chapter, it must first comply with all laws of this state prescribing the conditions in which [such foreign] the corporation or partnership may be authorized to do business within the state or within any county of the state [wherein] in which it seeks to exercise the right of eminent domain.
Sec. 5. NRS 37.260 is hereby amended to read as follows:
37.260 1. Any real property, interest therein or improvement thereon which has been acquired in accordance with the provisions of this chapter or purchased under the threat of eminent domain proceedings by an association, commission, corporation, partnership or political subdivision other than a county or incorporated city may be disposed of as surplus by that entity only in accordance with the provisions of this section.
2. The governing body of the entity desiring to dispose of the property must first adopt a resolution declaring that the property is no longer required for the purposes for which it was acquired or for other reasonable public use.
3. The property, interest or improvement must be sold by the entity to the highest bidder bidding for the property, either at public auction or by sealed bids, the notice and terms of which must be published in a newspaper of general circulation in the county where the property is situated at least once not less than 15 nor more than 45 days before the sale. When, in the opinion of the governing body of the entity, the property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner either as a result of a severance of that owners property or a denial of access to a public street or highway, the governing body may first offer the property to that owner at a price determined by the governing body to be in the best interest of the corporation, partnership, association, commission or political subdivision.
4. It is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this section that the entity disposing of it acted within its lawful authority in acquiring and disposing of the property, and that the officers thereof acted within their lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and must not carry any warranty of title.
________
κ1989 Statutes of Nevada, Page 550κ
Senate Bill No. 387Committee on Finance
CHAPTER 255
AN ACT relating to the department of museums and history; delaying the reversion of certain money appropriated to the department; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 491, Statutes of Nevada 1987, at page 1149, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Museums and History the sum of $237,000 for the purchase of antique railroad equipment.
2. The sum appropriated by subsection 1 is contingent upon the Department of Museums and History receiving, from a source other than the State of Nevada, and expending in addition to the appropriated sum $50,000 in the fiscal year 1987-88 and $50,000 in the fiscal year 1988-89.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1989,] 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 254Senator Jacobsen
CHAPTER 256
AN ACT relating to prisons; requiring revenue raised by the department of prisons from private employers for the leasing of space, facilities or equipment to be deposited in the fund for prison industries; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.189 is hereby amended to read as follows:
209.189 1. The fund for prison industries is hereby created as an enterprise fund to receive all revenues derived from programs for vocational training and employment of offenders and the operation of the prison farm [.] and to receive all revenues raised by the department from private employers for the leasing of space, facilities or equipment within the institutions or facilities of the department of prisons.
κ1989 Statutes of Nevada, Page 551 (CHAPTER 256, SB 254)κ
2. Money in the fund must be maintained in separate budgetary accounts, including at least one account for industrial programs and one for the prison farm.
3. Subject to the approval of the state board of examiners, the director may expend money deposited in this fund for the promotion and development of these programs and the prison farm.
4. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders [or lease space or equipment within the institutions] to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) Provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Produce a profit for the department;
(d) Have an insignificant effect on the number of jobs available to the residents of this state; and
(e) Provide occupational training for offenders.
3. The director may, with the approval of the board:
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
κ1989 Statutes of Nevada, Page 552 (CHAPTER 256, SB 254)κ
Sec. 3. This act becomes effective on July 1, 1989.
________
Senate Bill No. 6Senator Jacobsen
CHAPTER 257
AN ACT relating to the Nevada Reports; requiring the legislative commission to collect a fee to cover the costs of postage and handling related to the sale of Nevada Reports; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 345.023 is hereby amended to read as follows:
345.023 The legislative counsel bureau shall distribute , free of charge, such additional copies of the Statutes of Nevada and of Nevada Reports to the supreme court law library as in the opinion of the director thereof may secure an interchange of appropriate works for [such] the library.
Sec. 2. NRS 345.040 is hereby amended to read as follows:
345.040 1. The legislative counsel bureau shall stamp or mark all books to be distributed, as provided by law, to supreme court justices, district judges, state , [and] county and municipal officers, justices of the peace and municipal judges as follows: State property, to be turned over to your successor in office.
2. Each person who receives a book so distributed shall retain the book for the use of his office and deliver all books so received to his successor in office, who shall give his receipt therefor.
3. The legislative counsel bureau shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in its office. Except as otherwise provided in NRS 3.160, the legislative counsel bureau shall not supply a missing or second volume other than at the price established pursuant to NRS 345.050.
Sec. 3. 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 Bailey & 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:
κ1989 Statutes of Nevada, Page 553 (CHAPTER 257, SB 6)κ
(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, including replacement and supplementary pages.
(5) Journals of the assembly or senate.
(6) Appendices to journals of senate and assembly.
2. [Prices] The legislative commission shall:
(a) Set the prices for the publications [enumerated in subsection 1 must be set by the legislative commission.] sold pursuant to subsection 1.
(b) Charge and collect a fee to cover the costs of postage and handling related to the sale of copies of Nevada Reports.
3. No volume may be sold or delivered until the purchase price for the volume [has] and the fee for the postage and handling have been paid.
4. Money obtained from the sale of Nevada Reports , excluding any money collected for postage and handling, must be deposited in the state general fund. Money obtained from the sale of all other publications enumerated in subsection 1 and any money collected for postage and handling related to the sale of Nevada Reports must be deposited in the legislative fund.
Sec. 4. This act becomes effective as 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 466Assemblymen Marvel, Carpenter and Spriggs
CHAPTER 258
AN ACT relating to economic development; increasing the maximum size of a county eligible to receive a grant from the commission on tourism without matching funds; repealing the prospective expiration of the authority of the commission on economic development to keep certain records confidential; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.260 is hereby amended to read as follows:
231.260 The commission on tourism, through its division of tourism, shall:
1. Promote this state so as to increase the number of domestic and international tourists.
2. Promote special events which are designed to increase such tourism.
3. Develop a state plan to promote travel and tourism in Nevada.
4. Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this state or lengthen their stay.
5. Provide and administer grants of money or matching grants to political subdivisions of the state, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:
κ1989 Statutes of Nevada, Page 554 (CHAPTER 258, AB 466)κ
(a) Developing local programs for marketing and advertising which are consistent with the state plan.
(b) Promoting specific events and attractions in their communities.
(c) Evaluating the effectiveness of the local programs and events.
Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county [having a population of] whose population is less than [17,000,] 18,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.
6. Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the state. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the commission.
7. Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.
8. Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.
9. Prepare and publish, with the assistance of the division of publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.
Sec. 2. Section 3 of chapter 695, Statutes of Nevada 1987, at page 1672, is hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 477Committee on Transportation
CHAPTER 259
AN ACT relating to traffic offenses; clarifying the duties of courts concerning convictions for traffic offenses; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.450 is hereby amended to read as follows:
483.450 1. Whenever any person is convicted of any offense for which the provisions of NRS 483.010 to 483.630, inclusive, make mandatory the revocation of his drivers license by the department, the court in which the [conviction is had shall] person is convicted may require the surrender to it of all drivers licenses then held by the person [so] convicted, and the court [shall thereupon, within 5 days,] may, within 20 days after the conviction, forward these licenses, together with a record of the conviction, to the department.
2. A record of conviction must be made [upon a form furnished by the department and include the name and address of the person charged, the number of his drivers license, his social security number if he has one, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture and a statement that the license was revoked or suspended as the case may be.]
κ1989 Statutes of Nevada, Page 555 (CHAPTER 259, AB 477)κ
number of his drivers license, his social security number if he has one, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture and a statement that the license was revoked or suspended as the case may be.] in a manner approved by the department. The court shall provide sufficient information to allow the department to include accurately the information regarding the conviction in the drivers record. The record of conviction from the court must include at least the name and address of the person convicted, the number of his drivers license, his social security number, the registration number of the vehicle involved, the date the citation was issued or the arrest made, the number of the citation and the date and final disposition of the citation.
3. Every court, including a juvenile court, having jurisdiction over [offenses committed under] violations of the provisions of NRS 483.010 to 483.630, inclusive, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall [, within 5 days,] forward to the department:
(a) If the court is other than a juvenile court, a record of the conviction of any person in that court for a violation of any such laws other than regulations governing standing or parking; or
(b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,
within 20 days after the conviction or finding, and may recommend the suspension of the drivers license of the person [so] convicted or child [so] found in violation of a traffic law or ordinance.
4. For the purposes of NRS 483.010 to 483.630, inclusive [, the term conviction] :
(a) Conviction means a final conviction, and includes a finding by a juvenile court pursuant to NRS 62.221. [Also, for the purpose of NRS 483.010 to 483.630, inclusive, a]
(b) A forfeiture of bail or collateral deposited to secure a defendants appearance in court, if the forfeiture has not been vacated, is equivalent to a conviction.
5. The necessary expenses of mailing licenses and records of conviction to the department as required by subsections 1 and 3 must be paid by the court charged with the duty of forwarding those licenses and records of conviction.
Sec. 2. NRS 483.530 is hereby amended to read as follows:
483.530 It is a misdemeanor for any person:
1. To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained drivers license;
2. To alter, forge, substitute, counterfeit or use an unvalidated drivers license;
3. To lend his drivers license to any other person or knowingly permit the use thereof by another;
4. To display or represent as ones own any drivers license not issued to him;
κ1989 Statutes of Nevada, Page 556 (CHAPTER 259, AB 477)κ
5. To fail or refuse to surrender to the department , a peace officer or a court upon [its] lawful demand any drivers license which has been suspended, revoked or canceled;
6. To use a false or fictitious name in any application for a drivers license or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application;
7. To permit any unlawful use of a drivers license issued to him;
8. To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive; or
9. To photograph, photostat, duplicate, or in any way reproduce any drivers license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.
________
Assembly Bill No. 484Assemblymen Jeffrey and Thompson
CHAPTER 260
AN ACT relating to greyhound racing; requiring the Nevada gaming commission to regulate the sale or other transfer of any security or interest in a business licensed to conduct greyhound racing; eliminating certain conditions for the issuance of a license to conduct greyhound racing; increasing the compensation of the members of the Nevada racing commission; repealing certain obsolete provisions; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 466.020 is hereby amended to read as follows:
466.020 As used in this chapter, unless the context otherwise requires:
1. Commission means the Nevada racing commission.
2. Horse means any equine, including a mule.
3. Greyhound means a purebred greyhound dog registered by the National Greyhound Association.
Sec. 2. NRS 466.050 is hereby amended to read as follows:
466.050 The commission shall meet at such time and places within the State of Nevada as the commission determines. The members of the commission are entitled to receive as compensation [$40] $60 for each day actually employed on the work of the commission. A majority of the members of the commission constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.
Sec. 3. NRS 466.115 is hereby amended to read as follows:
466.115 A license must not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of the track first licensed unless [:
κ1989 Statutes of Nevada, Page 557 (CHAPTER 260, AB 484)κ
1. The] the second track is a county fair race meeting authorized by the commission which does not exceed 6 days in duration during that calendar year . [; or
2. One of the tracks has qualified for licensing under paragraph (b) of subsection 1 of NRS 466.103.]
Sec. 4. NRS 466.118 is hereby amended to read as follows:
466.118 [A licensee holding a license to conduct greyhound racing shall not sell any stock in the enterprise to the public.] The provisions of chapter 463 of NRS and the regulations adopted pursuant to that chapter apply to the sale, assignment, transfer, pledge or other disposition of:
1. Any security issued by a corporation; or
2. Any unit of or interest in an association, limited partnership or other form of business organization,
that has been issued a license to conduct greyhound racing.
Sec. 5. 1. NRS 466.1025, 466.103 and 466.1035 are hereby repealed.
2. Sections 10, 11, 12, 13, 13.5 and 14 of chapter 615, Statutes of Nevada 1983, are hereby repealed.
________
Assembly Bill No. 490Committee on Government Affairs
CHAPTER 261
AN ACT relating to public vehicles; authorizing the vehicles of the investigators for public administrators and the public guardians to be unmarked; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
2. License plates furnished for:
(a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the department of prisons, three automobiles used by the department of wildlife, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;
κ1989 Statutes of Nevada, Page 558 (CHAPTER 261, AB 490)κ
training center, and four automobiles used by the Nevada youth training center;
(c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) [Duly appointed city] City or county juvenile officers;
(5) District attorneys offices;
(6) Public administrators offices;
(7) Public guardians offices;
(8) Sheriffs offices; and
[(7)] (9) Police departments in the state,
must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
5. For the purposes of this section, exempt vehicle means a vehicle exempt from the privilege tax, except one owned by the United States.
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 559κ
Assembly Bill No. 494Assemblymen Swain, Arberry, Callister, Myrna Williams, Dini, Spinello, Marvel, Humke, DuBois, Wendell Williams, Freeman, Lambert, Wisdom, Adler, Spriggs, Gaston, Sedway, Sheerin, McGinness, Bergevin, Thompson, Carpenter, Garner, Jeffrey and Sader
CHAPTER 262
AN ACT relating to records of criminal history; revising certain procedures for the submission of records and the dissemination of information; authorizing the Nevada highway patrol division of the department of motor vehicles and public safety to communicate with the Federal Bureau of Investigation concerning the background and personal history of certain persons; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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.
2. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division [through] :
(a) Through an electronic network [or on] :
(b) On a media of magnetic storage ; or
(c) In the manner prescribed by the director of the department,
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 relating to sexual offenses and other records of criminal history submitted to it; and
(b) Use a record of the subjects fingerprints as the basis for any records maintained regarding him.
4. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice; [and]
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information [.] ; and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;
κ1989 Statutes of Nevada, Page 560 (CHAPTER 262, AB 494)κ
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the person within its jurisdiction.
Sec. 2. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee or prospective employee who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities for the following purposes:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(e) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
κ1989 Statutes of Nevada, Page 561 (CHAPTER 262, AB 494)κ
(f) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(g) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(h) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(i) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(j) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the [laws of the state or other jurisdiction from which the information was received.] provisions of this chapter.
Sec. 3. NRS 179A.210 is hereby amended to read as follows:
179A.210 1. Upon a receipt of a request from an employer for notice of information relating to sexual offenses, the central repository shall undertake a search for the information, unless the request does not conform to the requirements of the repository. The search must be based on the employees fingerprints, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:
(a) Identifying any information relating to sexual offenses concerning the employee in the central repository;
(b) Requesting information relating to sexual offenses concerning the employee from federal repositories and repositories of other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;
(c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and
(d) Determining whether the information relating to sexual offenses is the type of information for which notice is subject to dissemination pursuant to this section.
2. Notice of information relating to sexual offenses may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:
(a) A conviction for a sexual offense, or a conviction based on an arrest or on an initial charge for a sexual offense;
(b) An arrest or an initial charge for a sexual offense pending at the time of the request; or
(c) Two or more incidents resulting in arrest or initial charge for a sexual offense that have not resulted in a conviction.
κ1989 Statutes of Nevada, Page 562 (CHAPTER 262, AB 494)κ
3. If a search of the records of the central repository reveals no information for which notice is subject to release, the central repository shall submit the fingerprints of the employee to the Federal Bureau of Investigation for a search of its records of criminal history. The central repository shall review all information received from the Federal Bureau of Investigation. Notice of any information received from the Federal Bureau of Investigation may be disseminated only if the information is of a kind for which notice is subject to release pursuant to this section.
4. Within 30 days after receipt of a request by an employer for notice of information relating to sexual offenses, the central repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived his right to receive the results of the search, the report must be sent only to the employer. If the search revealed:
(a) No information for which notice is subject to release, the report must include a statement to that effect; or
(b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.
[4.] 5. Upon receipt of corrected information relating to sexual offenses for which notice was disseminated under this section, the central repository shall send written notice of the correction to:
(a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;
(b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who previously received the information.
[5.] 6. Upon receipt of new information relating to sexual offenses concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the central repository shall send written notice of the information to:
(a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;
(b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who previously received a report of the results of the search.
Sec. 4. Section 1 of chapter 5, Statutes of Nevada 1989, is hereby amended to read as follows:
Section 1. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
κ1989 Statutes of Nevada, Page 563 (CHAPTER 262, AB 494)κ
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee or prospective employee who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities : [for the following purposes:]
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) The private investigators licensing board to investigate an applicant for a license.
(e) Any agency of criminal justice of the United States or of another state or the District of Columbia.
[(e)] (f) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
[(f)] (g) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
[(g)] (h) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
κ1989 Statutes of Nevada, Page 564 (CHAPTER 262, AB 494)κ
[(h)] (i) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
[(i)] (j) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
[(j)] (k) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 5. Section 2 of Assembly Bill No. 165 of this session is hereby amended to read as follows:
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.
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:
(a) Through an electronic network;
(b) On a media of magnetic storage; or
(c) In the manner prescribed by the director of the department,
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;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and
κ1989 Statutes of Nevada, Page 565 (CHAPTER 262, AB 494)κ
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state of any political subdivision for a license which it has the power to grant or deny;
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 541Assemblymen Dini and Jeffrey
CHAPTER 263
AN ACT relating to insurance; providing for the recovery of unearned premiums through the Nevada Life and Health Insurance Guaranty Association and the Nevada insurance guaranty association; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 686C.070 is hereby amended to read as follows:
686C.070 Contractual obligation means any obligation under covered policies [.] and includes unearned premiums.
Sec. 2. NRS 687A.033 is hereby amended to read as follows:
687A.033 1. Covered claim means an unpaid claim or judgment, [excluding] including a claim for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer which becomes an insolvent insurer if one of the following conditions exists:
(a) The claimant or insured, if a natural person, is a resident of this state at the time of the insured event.
(b) The claimant or insured, if other than a natural person, maintains its principal place of business in this state at the time of the insured event.
(c) The property from which the claim arises is permanently located in this state.
2. The term does not include:
(a) Any amount due any reinsurer, insurer, insurance pool or underwriting association, as subrogation recoveries or otherwise.
(b) That part of a loss which would not be payable because of a provision for a deductible in the policy.
(c) Any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer.
κ1989 Statutes of Nevada, Page 566 (CHAPTER 263, AB 541)κ
(d) Any obligation to make a supplementary payment for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
________
Senate Bill No. 385Committee on Commerce and Labor
CHAPTER 264
AN ACT relating to financial institutions; expanding the authority of financial institutions to charge customers for services; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A financial institution may impose and collect a fee or charge, not to exceed an amount specified in or limited by specific statute, for any service it provides to a customer, if the fee or charge is clearly and conspicuously disclosed in writing to the customer before the customer receives the service. A financial institution must provide a customer with written notice of any increase in the fee or charge at least 10 days before the increase becomes effective.
2. A fee or charge for the presentation for payment, on a single business day, of multiple checks drawn by a customer on an account for which there is an insufficient balance to pay all of the checks, must be determined as if the checks drawn in a single series or class were presented in order of ascending amounts, the check for the smallest sum being presented first.
3. As used in this section, financial institution means an institution licensed pursuant to the provisions of Title 55 or 56 or chapter 645B or 649 of NRS, or a similar institution chartered or licensed pursuant to federal law.
________
κ1989 Statutes of Nevada, Page 567κ
Assembly Bill No. 325Committee on Ways and Means
CHAPTER 265
AN ACT making an appropriation to the Tahoe Regional Planning Agency for payment of various expenses; and providing other matters properly relating thereto.
[Approved June 6, 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 Tahoe Regional Planning Agency the sum of $163,000 for payment of expenses related to the following projects:
1. To assist in the development of community plans........................ $40,000
2. To assist in threshold evaluations..................................................... $50,000
3. To assist in flood plain/stream environment zone mapping........ $60,000
4. To assist in the completion of the Tahoe Environmental Geographic Information System (TEGIS).......................................................................... $13,000
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 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. 319Committee on Ways and Means
CHAPTER 266
AN ACT relating to gaming; creating a fund for the use of the state gaming control board in conducting undercover investigations related to alleged or suspected violations of regulations concerning cash transactions; making an appropriation; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The fund for investigating cash transactions of gaming licensees is hereby created. The fund is a continuing fund and its money may not revert to the state general fund at any time.
2. The money in the fund must be used by the board to conduct undercover investigations related to alleged or suspected violations of regulations concerning cash transactions of gaming licensees.
3. Claims against the fund which are approved by the board must be paid as other claims against the state are paid.
κ1989 Statutes of Nevada, Page 568 (CHAPTER 266, AB 319)κ
Sec. 2. There is hereby appropriated from the state general fund to the fund created pursuant to section 1 of this act the sum of $20,000.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 283Assemblymen Spinello, Myrna Williams, Sedway, Porter, Banner, Gaston and Callister
CHAPTER 267
AN ACT making an appropriation to the department of the military for the payment of expenses related to roofing and pavement repair projects at certain armories; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of the military the sum of $98,000 for the payment of expenses related to the roofing and pavement repair projects at certain armories.
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. 318Committee on Ways and Means
CHAPTER 268
AN ACT making an appropriation to the health division of the department of human resources for the acquisition of replacement equipment and for the painting of the interior walls of the state health laboratory; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $203,300 for the payment of the following expenses:
1. Acquisition of replacement equipment............................................ $193,300
2. Painting of interior walls at the state health laboratory................ $10,000
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 569 (CHAPTER 268, AB 318)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 257Assemblymen Dini, Jeffrey, Schofield, Nevin, Bergevin, Spinello, Myrna Williams, Swain and Sedway
CHAPTER 269
AN ACT making an appropriation to the division of emergency management of the department of the military to update the states disaster preparedness plan; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of emergency management of the department of the military the sum of $14,500 to update the states disaster preparedness plan.
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. 259Assemblymen Dini, Nevin, Jeffrey, Bergevin, Spinello, Myrna Williams, Swain and Sedway
CHAPTER 270
AN ACT making an appropriation to the division of archives and records for expenses related to the scheduling of records for state agencies; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of archives and records the sum of $193,634 for expenses related to the scheduling of records for state agencies.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 570 (CHAPTER 270, AB 259)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 140Senator OConnell
CHAPTER 271
AN ACT relating to meetings of public bodies; requiring notices of public meetings to include detailed agendas; requiring minutes of public meetings to be retained for a certain time; requiring all administrative agencies to keep minutes of public meetings concerning administrative regulations; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise specifically provided by statute, all meetings of public bodies [shall] must be open and public, and all persons [shall] must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings [must] shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.
2. Except in an emergency, written notice of all meetings [shall] must be given at least 3 working days before the meeting. The notice [shall include the] must include:
(a) The time, place [, location and agenda] and location of the meeting.
(b) A list of the locations where the notice has been posted.
(c) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list and description of the items to be voted on during the meeting which must be clearly denoted as items on which action will be taken.
3. Minimum public notice is:
(a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body; and
(b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent.
4. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
κ1989 Statutes of Nevada, Page 571 (CHAPTER 271, SB 140)κ
Sec. 2. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of meeting.
(b) Those members of the body who were present and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the body if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.
(e) Any other information which any member of the body requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records . [and shall] Minutes or audiotape recordings of the meetings must be made available for inspection by the public within [a reasonable time] 30 working days after the adjournment of the meeting at which taken. The minutes must be retained by the public body for at least 5 years. Minutes of meetings closed pursuant to NRS 241.030 become public records when the body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was discussed has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
4. Each public body may record on audiotape or any other means of sound reproduction each of its meetings, whether public or closed. If a meeting is so recorded:
(a) The record must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded.
(b) The record of a public meeting is a public record and must be made available for inspection by the public during the time the record is retained. Any record made pursuant to this subsection must be made available to the attorney general upon request.
Sec. 3. NRS 233B.061 is hereby amended to read as follows:
233B.061 1. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.
κ1989 Statutes of Nevada, Page 572 (CHAPTER 271, SB 140)κ
2. The agency shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to subsection 1 in the manner provided in subsections 1 and 2 of NRS 241.035.
3. The agency may record each public hearing held pursuant to subsection 1 and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.
Sec. 4. NRS 233B.066 is hereby amended to read as follows:
233B.066 Each adopted regulation which is filed with the secretary of state must be accompanied by a statement concerning the regulation which contains the following information:
1. A description of how public comment was solicited, a summary of public response, and an explanation how other interested persons may obtain a copy of the summary.
2. A description of how comment was solicited from affected businesses, a summary of their response, and an explanation how other interested persons may obtain a copy of the summary.
3. If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adopting the regulation without change.
4. The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately, and in each case must include:
(a) Both adverse and beneficial effects; and
(b) Both immediate and long-term effects.
[4.] 5. The estimated cost to the agency for enforcement of the proposed regulation.
[5.] 6. A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary.
________
Senate Bill No. 224Committee on Government Affairs
CHAPTER 272
AN ACT relating to public advertising; revising the limits on the rates charged by newspapers for advertising by the state and the counties; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 238.070 is hereby amended to read as follows:
238.070 1. All advertising ordered or required by the State of Nevada or by the respective counties of the state [shall] must be paid for by the state or the county ordering or requiring the advertising at [the rate of not more than 35 cents per single column line 6-point type for the first insertion, 25 cents per single column 6-point type for the second insertion and not more than 20 cents per single column line for each subsequent insertion.
κ1989 Statutes of Nevada, Page 573 (CHAPTER 272, SB 224)κ
cents per single column line for each subsequent insertion. An insertion is one publication per week whether the newspaper in which such advertising is ordered to be done is published daily or weekly.] a rate that does not exceed:
(a) The published open display rate for advertising, if the advertisement is placed in a daily or weekly newspaper with a circulation of 15,000 or less; or
(b) The published rate for advertising by a nonprofit or charitable organization, if the advertisement is placed in a daily or weekly newspaper with a circulation of more than 15,000.
2. The type size for advertising ordered or required by the State of Nevada or a county must be no smaller than that used by the newspaper in the columns of classified advertisements.
3. Nothing contained in this section prohibits boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when a saving of public [funds] money will be effected thereby.
________
Assembly Bill No. 455Assemblymen McGinness, Brookman, Chowning, Gaston, Arberry, Garner, Freeman, Carpenter, Adler, Regan, Kerns, Marvel, Gibbons and Spriggs
CHAPTER 273
AN ACT relating to Indian burial sites; protecting a site from vandalism and destruction; requiring notice of the discovery of a site; prescribing procedures for the treatment of a site; providing a penalty; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 383 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.
Sec. 3. As used in sections 3 to 7, inclusive, of this act, unless the context otherwise requires:
1. Cairn means stones or other material placed in a pile as a memorial or monument to the dead.
2. Grave means an excavation for burial of a human body.
3. Indian burial site means the area including and immediately surrounding the cairn or grave of a native Indian.
4. Indian tribe means a Nevada Indian tribe recognized by the Secretary of the Interior.
5. Professional archeologist means a person who holds a graduate degree in archeology, anthropology or a closely related field as determined by the director of the division.
κ1989 Statutes of Nevada, Page 574 (CHAPTER 273, AB 455)κ
Sec. 4. 1. Except as otherwise provided in section 5 of this act, a person who willfully removes, mutilates, defaces, injures or destroys the cairn or grave of a native Indian is guilty of a misdemeanor.
2. A person who:
(a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by section 5 of this act;
(b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,
is guilty of a gross misdemeanor.
3. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a native Indian by other than human action; or
(b) Action taken by a peace officer in the performance of his duties.
Sec. 5. 1. A person who disturbs the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity such as construction, mining, logging or farming and any other person who discovers the cairn or grave of a native Indian shall immediately report the discovery and the location of the Indian burial site to the division. The division shall immediately consult with the Nevada Indian commission and notify the appropriate Indian tribe. The Indian tribe may, with the permission of the landowner, inspect the site and recommend an appropriate means for the treatment and disposition of the site and all artifacts and human remains associated with the site.
2. If the Indian burial site is located on private land and:
(a) The Indian tribe fails to make a recommendation within 48 hours after it receives notification pursuant to subsection 1; or
(b) The landowner rejects the recommendation and mediation conducted pursuant to section 6 of this act fails to provide measures acceptable to the landowner,
the landowner shall, at his own expense, reinter with appropriate dignity all artifacts and human remains associated with the site in a location not subject to further disturbance.
3. If the Indian burial site is located on public land and action is necessary to protect the burial site from immediate destruction, the division may cause a professional archeologist to excavate the site and remove all artifacts and human remains associated with the site for subsequent reinterment, following scientific study, under the supervision of the Indian tribe.
4. Any other excavation of an Indian burial site may be conducted only:
(a) By a professional archeologist;
(b) After written notification to the administrator; and
(c) With the prior written consent of the appropriate Indian tribe. Failure of a tribe to respond to a request for permission within 60 days after its mailing by certified mail, return receipt requested, shall be deemed consent to the excavation.
κ1989 Statutes of Nevada, Page 575 (CHAPTER 273, AB 455)κ
mailing by certified mail, return receipt requested, shall be deemed consent to the excavation.
All artifacts and human remains removed during such an excavation must, following scientific study, be reinterred under the supervision of the Indian tribe, except that the Indian tribe may, by explicit written consent, authorize the public display of a particular artifact. The archeologist, Indian tribe and landowner shall negotiate an agreement to determine who will pay the expenses related to the interment.
Sec. 6. The division shall:
1. Upon application by:
(a) An interested landowner, assist the landowner in negotiating an agreement with an Indian tribe for the treatment and disposition of an Indian burial site and any artifacts and human remains associated with the site; and
(b) Either party, mediate a dispute arising between a landowner and an Indian tribe relating to the treatment and disposition of an Indian burial site and any artifacts and human remains associated with the site.
2. In performing its duties pursuant to sections 3 to 7, inclusive, of this act, endeavor to:
(a) Protect Indian burial sites and any associated artifacts and human remains from vandalism and destruction; and
(b) Provide for the sensitive treatment and disposition of Indian burial sites and any associated artifacts and human remains consistent with the planned use of land.
Sec. 7. 1. In addition to the imposition of any criminal penalty, an Indian tribe or an enrolled member of an Indian tribe may bring a civil action to secure an injunction, damages and other appropriate relief against a person who violates section 4 or 5 of this act. The action must be brought within 2 years after the discovery of the action by the plaintiff. The action may be filed in the district court for the county in which the cairn, grave, artifacts or remains are located, or within which the defendant resides.
2. If the plaintiff prevails in the action:
(a) The court may award reasonable attorney fees to the plaintiff.
(b) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or human remains acquired or equipment used in the violation. The court shall order the disposition of any forfeited equipment as it sees fit, and order the reinterment of the artifacts and human remains at the defendants expense under the supervision of the Indian tribe.
(c) The plaintiff may recover actual damages.
3. If the defendant prevails in the action, the court may award reasonable attorney fees to the defendant.
Sec. 8. NRS 233A.100 is hereby amended to read as follows:
233A.100 The commission may:
1. Appoint advisory committees whenever necessary or appropriate to assist and advise the commission in the performance of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the commission as will best enable it to carry out the purposes for which it is created.
κ1989 Statutes of Nevada, Page 576 (CHAPTER 273, AB 455)κ
reports to the commission as will best enable it to carry out the purposes for which it is created.
3. Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter [.] or sections 3 to 7, inclusive, of this act.
Sec. 9. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this chapter do not apply to the interment, removal or other disposition of the human remains of a native Indian pursuant to sections 3 to 7, inclusive, of this act.
Sec. 10. NRS 451.030 is hereby amended to read as follows:
451.030 1. Every person who removes the dead body of a human being, or any part thereof, from a grave, vault or other place where it has been buried or deposited awaiting burial or cremation, without authority of law, with intent to sell it, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Every person who purchases or receives, except for burial or cremation, any such dead body, or any part thereof, knowing that it has been removed contrary to the provisions of subsection 1, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Every person who opens a grave or other place of interment, temporary or otherwise, or a building where such a dead body is deposited while awaiting burial or cremation, without authority of law, with intent to remove the body or any part thereof, for the purpose of selling or demanding money for it, for dissection, from malice or wantonness, or with intent to sell or remove the coffin or any part thereof or anything attached thereto, or any vestment or other article interred or intended to be interred with the body, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 11. NRS 642.550 is hereby amended to read as follows:
642.550 [Nothing contained in this chapter shall be construed to] This chapter does not apply:
1. To persons engaged as layers-out or to those who shroud the dead.
2. To the employees of any cemetery whose duty or business extends no further.
3. To officials or employees of any state institution.
4. To a person who inters the human remains of a native Indian pursuant to sections 3 to 7, inclusive, of this act.
________
κ1989 Statutes of Nevada, Page 577κ
Senate Bill No. 435Committee on Finance
CHAPTER 274
AN ACT making a supplemental appropriation to the department of human resources for the out-of-state placement of youthful chronic offenders and to provide for an additional cottage for the Nevada Girls Training Center in Caliente; and providing other matters properly relating thereto.
[Approved June 6, 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 human resources:
1. For the out-of-state placement of youthful chronic offenders the sum of $15,000.
2. For an additional cottage for the Nevada Girls Training Center in Caliente the sum of $16,571.
This appropriation is supplemental to that made by section 31 of chapter 747, Statutes of Nevada 1987, at page 1842.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 410Assemblymen Porter, DuBois, Myrna Williams and Gaston
CHAPTER 275
AN ACT relating to insurance; requiring the commissioner of insurance to publish a guide to rates for policies of motor vehicle insurance; and providing other matters properly relating thereto.
[Approved June 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
The commissioner shall:
1. Publish a guide to rates for policies of insurance for motor vehicles which contains:
(a) An explanation of the various types of coverage available.
(b) A list of all insurers which offer insurance for motor vehicles in Nevada.
(c) Comparisons of the costs for each type of insurance when purchased from the five insurers who offer it at the highest price and the five insurers who offer it at the lowest price, using one or more hypothetical examples developed by him.
κ1989 Statutes of Nevada, Page 578 (CHAPTER 275, AB 410)κ
(d) Any other information which he deems appropriate and useful to the public.
2. Maintain the guide by republishing it with revised information at least once each year.
3. Distribute the guide and the information contained in the guide in any manner he deems appropriate.
________
Assembly Bill No. 164Assemblymen Jeffrey, Thompson, Banner, Wendell Williams, Price and Fay
CHAPTER 276
AN ACT relating to industrial insurance; limiting the exemption from the provisions of the industrial insurance law for an employer who hires an employee outside of this state to work temporarily in this state; and providing other matters properly relating thereto.
[Approved June 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.260 is hereby amended to read as follows:
616.260 1. [Any] Except as limited in subsection 3, any employee who has been hired outside of this state and his employer are exempted from the provisions of this chapter while the employee is temporarily within this state doing work for his employer if his employer has furnished industrial insurance coverage under the industrial insurance act or similar laws of a state other than Nevada so as to cover the employees employment while in this state, provided:
(a) Proof of industrial insurance coverage under the laws of the other state is presented before the work begins to the person or governmental entity with whom the employer has contracted for the work;
(b) The extraterritorial provisions of this chapter are recognized in the other state; and
[(b)] (c) Employers and employees who are covered in this state are likewise exempted from the application of the industrial insurance act or similar laws of the other state.
The benefits under the industrial insurance act or similar laws of the other state are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this state.
2. A certificate from the administrator or similar officer of another state certifying that the employer of the other state is insured therein and has provided extraterritorial coverage insuring his employees while working within this state is prima facie evidence that the employer carried the industrial insurance.
3. The exemption provided for in this section applies only to the employees of a contractor, as defined in NRS 624.020, operating within the scope of his license on a project whose cost as a whole does not exceed $250,000.
κ1989 Statutes of Nevada, Page 579 (CHAPTER 276, AB 164)κ
4. An employer is not required to pay premiums to the system for an employee who has been hired or is regularly employed in this state, but who is performing work exclusively in another state, if the other state requires the employer to provide coverage for the employee in the other state. If the employee receives personal injury by accident arising out of and in the course of his employment, any claim for compensation must be filed in the state in which the accident occurred. This subsection does not prevent an employer from maintaining coverage for the employee under the provisions of this chapter.
Sec. 2. NRS 616.520 is hereby amended to read as follows:
616.520 1. [If] Except as otherwise provided in subsection 4 of NRS 616.620, an employee who has been hired or is regularly employed in this state, received personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, are entitled to receive compensation according to the law of this state, and such compensation [must be] is the exclusive remedy of the employee or dependents.
2. The provisions of this section apply only to those injuries received by the employee within 6 months after leaving this state, unless before the expiration of the 6-month period the employer has filed with the system or, in the case of a self-insured employer, with the administrator notice that he has elected to extend the coverage a greater period of time.
________
Senate Bill No. 294Committee on Commerce and Labor
CHAPTER 277
AN ACT relating to public utilities; requiring the public service commission of Nevada to adopt an alternative plan of regulation of public utilities that provide telecommunication services; requiring the commission to report to the legislature concerning the plan; allowing an exemption from regulation by the commission for a discretionary service provided by such utilities; and providing other matters properly relating thereto.
[Approved June 8, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.040 is hereby amended to read as follows:
704.040 1. Every public utility shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
2. Every unjust and unreasonable charge for service of a public [utilities] utility is unlawful.
3. The commission may exempt, to the extent it deems reasonable, services related to telecommunication or public utilities which provide [such] telecommunication services from any or all of the provisions of this chapter, upon a determination after hearing that the services are competitive or discretionary and that regulation thereof is unnecessary.
κ1989 Statutes of Nevada, Page 580 (CHAPTER 277, SB 294)κ
upon a determination after hearing that the services are competitive or discretionary and that regulation thereof is unnecessary. For the purposes of this subsection, basic local exchange service and access services provided to interexchange carriers are not discretionary.
4. The commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that provides telecommunication services. The alternative plan may include, but is not limited to, provisions that:
(a) Allow adjustment of the rates charged by a public utility that provides telecommunication services during the period in which the utility elects the alternative plan of regulation.
(b) Provide for flexibility of pricing for discretionary services and services that are competitive.
(c) Specify the provisions of this chapter and chapter 707 of NRS that do not apply to a public utility that elects to be regulated under the alternative plan.
5. A public utility that elects to be regulated under the alternative plan established pursuant to subsection 4 is not subject to the remaining provisions of this chapter or chapter 707 of NRS to the extent specified pursuant to paragraph (c) of subsection 4.
6. For the purposes of this section, interexchange carrier means any person providing intrastate telecommunications service for a fee between two or more exchanges.
Sec. 2. NRS 710.145 is hereby amended to read as follows:
710.145 1. Notwithstanding the provisions of any other statute, a telephone system which is under the control and management of a county may extend its operation across county boundaries if:
(a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;
(b) The public service commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive or discretionary and that regulation thereof is unnecessary; or
(c) The public service commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days notice to all telephone utilities providing service in the county into which the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.
2. Except as otherwise provided in subsection 1, nothing in this section vests jurisdiction over a county telephone system in the public service commission of Nevada.
Sec. 3. The public service commission of Nevada shall, on or before:
1. July 1, 1990, adopt the regulations required by the amendatory provisions of section 1 of this act.
2. February 1, 1991, submit a written report to the legislature concerning the alternative plan of regulation required pursuant to the amendatory provisions of section 1 of this act, including the names of the public utilities that provide telecommunication services that have elected to operate under the alternative plan.
κ1989 Statutes of Nevada, Page 581 (CHAPTER 277, SB 294)κ
3. February 1, 1993, submit a written report to the legislature concerning the alternative plan, including any recommendations for legislation.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 701Committee on Judiciary
CHAPTER 278
AN ACT relating to justices courts; increasing the maximum size of a claim for money that may be adjudicated in the manner provided for adjudication of small claims in justices courts; increasing the fee for filing such a claim where the amount claimed exceeds $1,500; and providing other matters properly relating thereto.
[Approved June 9, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 73.010 is hereby amended to read as follows:
73.010 In all cases arising in the justices court for the recovery of money only, where the amount claimed does not exceed [$1,500] $2,500 and the defendant named:
1. Is a resident of;
2. Does business in; or
3. Is employed in,
the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
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 pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000..................................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500................. 35.00
In all other civil actions........................................................................................ 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500........................................................ 10.00
If the sum claimed exceeds $500 but does not exceed $1,500.................... 20.00
If the sum claimed exceeds $1,500 but does not exceed $2,500................... 30.00
(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 pursuant to the provisions of chapter 73 of NRS.
κ1989 Statutes of Nevada, Page 582 (CHAPTER 278, AB 701)κ
(e) For the filing of any paper in intervention................................................. 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court........................... 5.00
(g) For filing a notice of appeal, and appeal bonds....................................... 10.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court 10.00
(i) For preparation and transmittal of transcript and papers on appeal..... 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder 20.00
(k) For entering judgment by confession......................................................... 5.00
(l) For preparing any copy of any record, proceeding or paper, for each page .25
(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 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] fifth 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.
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 710Committee on Judiciary
CHAPTER 279
AN ACT relating to fees in civil actions; increasing the fees collected in certain civil cases to support legal services for indigent and elderly persons; and providing other matters properly relating thereto.
[Approved June 9, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.031 is hereby amended to read as follows:
19.031 1. [In] Except as otherwise provided in subsection 2, in each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county program for legal services or other program funded by this state or the United States to provide legal assistance, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of [$7] $18 from the party commencing or appearing in the action or proceeding.
κ1989 Statutes of Nevada, Page 583 (CHAPTER 279, AB 710)κ
States to provide legal assistance, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of [$7] $18 from the party commencing or appearing in the action or proceeding. These fees are in addition to any other fees required by law.
2. In each county described in subsection 1, the county clerk shall, on the commencement of any action provided for in chapter 125 of NRS, and on the filing of any answer or appearance in any such action, charge and collect a fee of $7 from the party commencing or appearing in the action. These fees are in addition to any other fees required by law.
3. On or before the first Monday of each month , the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to [subsection 1.] subsections 1 and 2. Except as provided in subsection [3,] 5, the county treasurer shall remit quarterly to the organization operating the program for legal services [:
(a) For indigent persons, five-sevenths; and
(b) For elderly persons, two-sevenths,
of all the amounts received by him.
3.] all the money received by him from the county clerk.
4. The organization operating the program for legal services shall use any money received pursuant to subsection 3 as follows:
(a) From each $18 collected pursuant to subsection 1:
(1) Ten dollars and 50 cents for the benefit of indigent persons in the county; and
(2) Seven dollars and 50 cents for the benefit of elderly persons in the county.
(b) From each $7 collected pursuant to subsection 2:
(1) Five dollars for the benefit of indigent persons in the county; and
(2) Two dollars for the benefit of elderly persons in the county.
5. If the county treasurer receives notice from the state of a political subdivision that an award of attorneys fees or costs has been made to an organization [which] that receives money pursuant to this section and has been paid, he shall:
(a) Deduct an amount equal to the award from the amount to be paid to the organization; and
(b) Remit an equal amount to the state or to the political subdivision [which] that paid the fees or costs at the time when he would have paid it to the organization.
[4.] 6. The fees which are collected from a county must be used for the benefit of the indigent or elderly persons in that county.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 584κ
Senate Bill No. 19Senators Beyer and Jacobsen
CHAPTER 280
AN ACT relating to air pollution; permitting the setting of certain fires for training purposes; and providing other matters properly relating thereto.
[Approved June 9, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.586 is hereby amended to read as follows:
445.586 1. [All] Except as otherwise provided by subsection 2, all governmental sources of air contaminants shall comply with all local and state air pollution laws, regulations and ordinances.
2. A fire department, county fire protection district, fire protection training academy or training center may, after obtaining a permit for a specific site, set a fire for training purposes so long as the site is not within an area in which an air pollution episode or emergency constituting, or likely to constitute, an imminent and substantial danger to the health of persons exists. The permit must be obtained from:
(a) The county air pollution control agency, if one has been designated pursuant to NRS 445.546; or
(b) The director, if an agency has not been so designated.
3. All planning commissions, zoning boards of adjustment, and governing bodies of unincorporated towns, incorporated cities and counties shall in the performance of their duties imposed by chapter 278 of NRS or other statutes relating to planning and zoning consider the effects of possible air pollution and shall submit to the department for evaluation [such] a concise statement of the effects on air quality by complex sources.
________
Senate Bill No. 69Senators Hickey and Shaffer
CHAPTER 281
AN ACT relating to property; reducing the time records of escrow transactions must be maintained; reducing the time records relating to the search and examination of titles must be maintained; and providing other matters properly relating thereto.
[Approved June 9, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645A.070 is hereby amended to read as follows:
645A.070 1. All escrow agents and agencies shall maintain [at all times in their principal places of business] for a period of not less than 5 years, complete and suitable records of all escrow transactions made by them . [together with books, papers and data clearly reflecting the financial condition of the business of those agents and agencies.] A record of a transaction must be maintained in the county in which the property to which it relates is located if the agent or agency maintains a place of business in that county.
κ1989 Statutes of Nevada, Page 585 (CHAPTER 281, SB 69)κ
be maintained in the county in which the property to which it relates is located if the agent or agency maintains a place of business in that county. If a place of business is not maintained in that county, the record must be maintained in the agents or agencys principal place of business.
2. Every escrow agent and agency shall, at the times required by the administrator, file in the office of the administrator a correct statement, in the form and containing the data the administrator may require, of the business of the agent or agency.
Sec. 2. NRS 692A.220 is hereby amended to read as follows:
692A.220 1. No policy or contract of title insurance may be completed or executed until the title insurer has or has caused to be:
(a) Conducted a reasonable search and examination of the title; and
(b) Determined the insurability of the title in accordance with its established underwriting practices.
2. Each title insurer shall maintain records and evidence of its search and examination and of its determination of insurability for a period of not less than [15] 5 years after the date of the policy or contract.
________
Senate Bill No. 142Committee on Judiciary
CHAPTER 282
AN ACT relating to statutes; making technical corrections to inappropriate or inaccurate statutory terms; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto.
[Approved June 9, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 17.150 is hereby amended to read as follows:
17.150 1. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, noting thereon the hour and minutes of the day of such [entry.] entries.
2. A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it [shall become] becomes a lien upon all the real property of the judgment debtor not exempt from execution in [such] that county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien [shall continue] continues for 6 years from the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:
κ1989 Statutes of Nevada, Page 586 (CHAPTER 282, SB 142)κ
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases; [or]
(b) The judgment is satisfied; or
(c) The lien is otherwise discharged.
The time during which the execution of the judgment is suspended by appeal, action of the court or defendant [shall] must not be counted in computing the time of expiration.
3. The abstract described in subsection 2 [shall] must contain:
(a) Title of the court and cause, and the number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) Where entered in the minutes or judgment docket.
Sec. 2. NRS 21.010 is hereby amended to read as follows:
21.010 Except as otherwise provided in NRS 126.263 for enforcement of a judgment for support of a child, the party in whose favor judgment is given may, at any time [within 6 years after the entry thereof,] before the judgment expires, obtain the issuance of a writ of execution for its enforcement as prescribed in this chapter. The writ ceases to be effective [6 years after entry of the judgment.] when the judgment expires.
Sec. 3. NRS 31.040 is hereby amended to read as follows:
31.040 The writ [shall] must be directed to the sheriff of any county in which property of [such] the defendant may be, and except as otherwise provided in subsection 7 of NRS 104.8317, require him to attach and [safely] keep safely all the money or property of [such] the defendant described in the order for attachment within his county not exempt from execution, or so much thereof as [may be] is sufficient to satisfy the amount demanded by the writ of attachment, whichever is less, unless the defendant gives him security by the undertaking of at least two sufficient sureties in an amount equal to the amount demanded by the writ or the value of the property levied upon, whichever is less, apart from costs, in lawful money of the United States, in which case the writ [shall] must require the sheriff to take such an undertaking.
Sec. 4. NRS 31.060 is hereby amended to read as follows:
31.060 The sheriff to whom the writ is directed and delivered shall execute [the same] it without delay, and if the undertaking mentioned in NRS 31.040 [be] is not given, as follows:
1. Real property [shall] must be attached by leaving a copy of the writ with the occupant thereof, or, if there [be] is no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
2. [Personal property shall] Except as otherwise provided in subsection 7 of NRS 104.8317, personal property must be attached:
(a) By taking it into immediate custody; or
(b) By placing a keeper in charge of a going business where such property is located, with the plaintiff prepaying the expense of [such] the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.
κ1989 Statutes of Nevada, Page 587 (CHAPTER 282, SB 142)κ
sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.
3. Any mobile home, as defined in NRS 40.215, [shall] must be attached by:
(a) Posting a copy of the writ in a conspicuous place thereon; [or]
(b) Taking it into immediate custody; or
(c) Placing a keeper in charge of [such] the mobile home for a period of 2 days, with the plaintiff prepaying the expense of [such] the keeper to the sheriff:
(1) During which period, the defendant may continue to occupy [such] the mobile home; and
(2) After which period, the sheriff shall take [such] the mobile home into his immediate custody unless other disposition is made by the court or the parties to the action.
4. Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant [shall] must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.
Sec. 5. NRS 99.060 is hereby amended to read as follows:
99.060 1. As applied to bonds or other securities issued by this state or any political subdivision or municipal or public corporation of this state, effective interest rate means the interest rate based on the actual price paid to the public entity, calculated to maturity of the obligation according to standard tables of bond values.
2. When used in a limitation of the rate of interest upon such bonds or other securities, the Index of Twenty Bonds and the Index of Revenue Bonds refer to these indexes for municipal bonds as most recently published in the [Credit Markets,] daily or weekly version of The Bond Buyer, at One State Street Plaza in New York City.
Sec. 6. NRS 104.8317 is hereby amended to read as follows:
104.8317 1. Subject to the exceptions in subsections 3 and 4, no attachment or levy upon a certificated security or any share or other interest represented thereby which is outstanding is valid until the security is actually seized by the officer making the attachment or levy, but a certificated security which has been surrendered to the issuer may be reached by a creditor by legal process at the issuers chief executive office in the United States.
2. An uncertificated security registered in the name of the debtor may not be reached by a creditor except by legal process at the issuers chief executive office in the United States.
3. The interest of a debtor in a certificated security that is in the possession of a secured party not a financial intermediary or in an uncertificated security registered in the name of a secured party not a financial intermediary (or in the name of a nominee of the secured party) may be reached by a creditor by legal process upon the secured party.
4. The interest of a debtor in a certificated security that is in possession of or registered in the name of a financial intermediary or in an uncertificated security registered in the name of a financial intermediary may be reached by a creditor by legal process upon the financial intermediary on whose books the interests of the debtor appears.
κ1989 Statutes of Nevada, Page 588 (CHAPTER 282, SB 142)κ
reached by a creditor by legal process upon the financial intermediary on whose books the interests of the debtor appears.
5. Unless otherwise provided by law, a creditors lien upon the interest of a debtor in a security obtained pursuant to subsection 3 or 4 is not a restraint on the transfer of the security, free of the lien, to a third party for new value; but in the event of a transfer, the lien applies to the proceeds of the transfer in the hands of the secured party or financial intermediary, subject to any claims having priority.
6. A creditor whose debtor is the owner of a security is entitled to aid from courts of appropriate jurisdiction, by injunction or otherwise, in reaching the security or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by ordinary legal process.
7. An officer executing an attachment or levy in this state upon an uncertificated security may provide notice of the attachment or levy to:
(a) The issuer; and
(b) The debtor or other person in whose name the security is registered, in lieu of actually seizing evidence of ownership of the security. Notice must be given in person or by certified mail, return receipt requested, to the last known address of the person served.
Sec. 7. NRS 174.215 is hereby amended to read as follows:
174.215 1. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:
(a) That the witness is dead;
(b) That the witness is out of the State of Nevada, unless it appears that the absence of the witness was procured by the party offering the deposition;
(c) That the witness [is unable to] cannot attend or testify because of sickness or infirmity; [or]
(d) That the witness has become of unsound mind; or
(e) That the party offering the deposition [has been unable to] could not procure the attendance of the witness by subpena.
2. Any deposition may also be used by any party [for the purpose of contradicting or impeaching] to contradict or impeach the testimony of the deponent as a witness.
3. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
Sec. 8. NRS 174.515 is hereby amended to read as follows:
174.515 1. When an action is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by either party by affidavit, direct the trial to be postponed to another day . [; but in] In all cases where a continuance is granted upon the application of either party the court may require, as a condition of granting such continuance, that the party applying therefor consent to taking, forthwith, or at any time to be fixed by the court, of the deposition of any witness summoned by the opposite party whose deposition has not previously been taken.
2. The court also [has authority to] may require all witnesses to enter into undertakings in such sum as the court may order, with or without sureties, to appear and testify on the day to which the case may be continued , [;] but any witness who is unable to procure sureties for his attendance may be discharged on his own recognizance, upon giving his deposition in the manner prescribed in NRS 174.175 and 174.205.
κ1989 Statutes of Nevada, Page 589 (CHAPTER 282, SB 142)κ
witness who is unable to procure sureties for his attendance may be discharged on his own recognizance, upon giving his deposition in the manner prescribed in NRS 174.175 and 174.205.
[3. All depositions taken in pursuance of any of the provisions of this Title may be read in evidence, subject to the legal objections made at the time of taking the same, on the trial of the cause, whenever it shall appear that the personal attendance of the witness could not, with due diligence, be obtained, or when he has left the state, or become of unsound mind, or is too sick or infirm to attend, or is dead.]
Sec. 9. NRS 200.010 is hereby amended to read as follows:
200.010 Murder is the unlawful killing of a human being, with malice aforethought, either express or implied, or caused by a controlled substance which was sold , given, traded or otherwise made available to a person in violation of chapter 453 of NRS. The unlawful killing may be effected by any of the various means by which death may be occasioned.
Sec. 10. NRS 201.358 is hereby amended to read as follows:
201.358 Any person who:
1. Violates NRS 201.354; or
2. Works as a prostitute in a licensed house of prostitution,
after testing positive in a test approved by the state board of health for exposure to the human immunodeficiency virus and receiving written notice of that fact is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, or by fine of not more than $10,000, or by both fine and imprisonment.
Sec. 11. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications must be filed with the director of the legislative counsel bureau who shall request the superintendent of the state printing and micrographics division of the department of general services to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the state printing and micrographics division may print only that amount of bills and legislative publications necessary for such requests and requirements.
2. Except as otherwise provided in NRS 218.460 to 218.466, inclusive, no bill or other legislative publication may be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau.
3. Any person, office or organization, except for those for which provision is otherwise made in [this section,] NRS 218.460 to 218.466, inclusive, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.
4. The director of the legislative counsel bureau shall fix the cost of such bills and publications, including postage, and such money as may be received by him must be remitted to the legislative counsel bureau for deposit in the legislative fund. Before each session of the state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
κ1989 Statutes of Nevada, Page 590 (CHAPTER 282, SB 142)κ
5. The costs of such distributions, including postage, must be paid from the legislative fund.
Sec. 12. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by subsections 4 and 6 of NRS 284.115, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145, and NRS 353.220, 353.224, 353.335 and 428.375 . [and chapter 621, Statutes of Nevada 1979.] In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided for state officers generally.
κ1989 Statutes of Nevada, Page 591 (CHAPTER 282, SB 142)κ
expenses provided for state officers generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 13. 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] its annotations and the digests current as provided in NRS 220.160.
Sec. 14. 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] shall 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 must be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes [;
(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)] with annotations; and
(b) Each volume of the digest of cases decided by the Nevada supreme court.
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. 15. 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 [,] with annotations, supplements thereto, [annotations and] the 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. 16. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon the completion of Nevada Revised Statutes [and the] with annotations and the 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 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.
κ1989 Statutes of Nevada, Page 592 (CHAPTER 282, SB 142)κ
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, 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. 17. 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 with annotations (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.
Sec. 18. 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 with annotations (excluding [the annotations thereto and] the digest of cases except as provided in subsection 4) for 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. 19. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau may contract with a private printing firm for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing and micrographics division of the department of general services. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and must be sold to the public at the prices [provided in] established pursuant to NRS 345.050. The proceeds of such sales must be deposited by the director of the legislative counsel bureau with the state treasurer for credit to the state general fund.
κ1989 Statutes of Nevada, Page 593 (CHAPTER 282, SB 142)κ
Sec. 20. NRS 345.050 is hereby amended to read as follows:
345.050 1. The director of the legislative counsel bureau [is authorized to] may 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 [,] with annotations, 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] 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] Money received from the sale of Nevada Reports [shall] must be deposited in the general fund in the state treasury. [Moneys for] Money received from the sale of all other publications enumerated in subsection 1 [shall] must be deposited in the legislative fund in the state treasury.
Sec. 21. NRS 353.3075 is hereby amended to read as follows:
353.3075 [Group of accounts] Account group means an independent self-balancing group of accounts set up to account for such matters as the principal and interest on unmatured general obligation bonds and certain fixed assets of the state which do not come within the definition of fund.
Sec. 22. NRS 353.3245 is hereby amended to read as follows:
353.3245 1. Generally accepted accounting principles [shall] must be followed throughout the accounting procedures and reporting of the states financial position and results of operations in each fiscal period for each fund and [group of accounts.] account group.
2. Any elective state officer, any state board or commission and any head of a state department shall provide to the state controller, when requested, the necessary accounting information for him to report the financial position and results of operations of the state funds and [group of accounts.] account groups.
κ1989 Statutes of Nevada, Page 594 (CHAPTER 282, SB 142)κ
Sec. 23. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due on the [3rd Monday of July.] first Monday of August.
2. Taxes assessed upon the real property tax roll may be paid in four equal installments.
3. In any county whose population is 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.
4. If a person elects to pay in quarterly installments, the first installment is due on the [1st] first Monday of August, the second installment on the [1st] first Monday of October, the third installment on the [1st] first Monday of January, and the fourth installment on the [1st] first Monday of March.
5. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.
(b) Any two quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.
(c) Any three quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.
(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the [1st] first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.
6. Any person charged with taxes which are a lien on a mobile home as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:
(a) The entire amount of the taxes are due;
(b) A penalty of 10 percent of the taxes due;
(c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and
(d) The county assessor may proceed under NRS 361.535.
Sec. 24. NRS 365.205 is hereby amended to read as follows:
365.205 1. A retailer of motor vehicle fuel who receives or sells motor vehicle fuel for which the taxes imposed pursuant to this chapter have not been paid is liable for the taxes and any applicable penalty or interest if the retailer knew or should have known that the applicable taxes on the fuel had not been paid.
2. [Verification by the retailer of] For the purposes of subsection 1, a retailer who verifies the identification number printed on the delivery ticket of the dealer shall be deemed [compliance with the provisions of subsection 1.] to have acted without knowledge of the fact of nonpayment.
Sec. 25. NRS 375A.690 is hereby amended to read as follows:
375A.690 If the board determines that a decedent dies domiciled in this state, the total amount of interest and penalties for nonpayment of the tax, between the date of the election and the final determination of the board, must not exceed an amount determined by applying the rate of interest set by the executive director pursuant to NRS 375A.205 [of] to the amount of the taxes [.]
κ1989 Statutes of Nevada, Page 595 (CHAPTER 282, SB 142)κ
not exceed an amount determined by applying the rate of interest set by the executive director pursuant to NRS 375A.205 [of] to the amount of the taxes [.] due.
Sec. 26. 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 form 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 [;] with annotations;
(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 are not in the nature of public and other university items not designed for external distribution;
(f) Correspondence and intraoffice or interoffice communications which 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 duplicate those under NRS 378.200.
Sec. 27. NRS 381A.020 is hereby amended to read as follows:
381A.020 1. The division of Nevada state railroad museums is hereby established [as an institution] within the department of museums and history.
2. The division of Nevada state railroad museums may receive, collect, exchange, preserve, house, care for, display and exhibit property, memorabilia, photographs and equipment relating to railroads, which are under state control or which the state receives in any manner.
3. The property, memorabilia, photographs and equipment may be received and collected from any appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
Sec. 28. NRS 412.054 is hereby amended to read as follows:
412.054 1. The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
2. To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately [prior to] before his appointment.
κ1989 Statutes of Nevada, Page 596 (CHAPTER 282, SB 142)κ
federally recognized officer, 3 years of which must be immediately [prior to] before his appointment.
3. An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.
4. The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.
5. Whoever serves as chief of staff for army is in the unclassified service of the state and shall not hold any other city, county, state or federal office of profit.
6. In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by department regulations:
(a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.
(b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.
The designated assistant adjutant general or designated officer may continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if the office is vacant, until an adjutant general is regularly appointed and qualified.[While so serving, he shall give to the state a fidelity bond in the same sum as is required from the adjutant general.]
Sec. 29. NRS 412.056 is hereby amended to read as follows:
412.056 1. If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the adjutant general and assistant adjutants general, the governor may appoint an acting adjutant general who shall assume the responsibilities and powers and perform all duties required of the adjutant general, and who [shall] must be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an adjutant general, or if no such officer is available, then from the following:
(a) Inactive or retired officers of the Nevada National Guard.
(b) Army or Air Force officers who are inactive or have retired and are residents of the State of Nevada.
2. If, on the occurrence of a vacancy in the office of adjutant general, there is no [duly] qualified and appointed assistant adjutant general, the governor may designate an acting adjutant general who shall assume temporarily the responsibilities and powers and perform all duties required of the adjutant general until such time as an adjutant general is regularly appointed and qualified. An acting adjutant general designated under this provision [shall] must have the same qualifications as are required for the appointment of an adjutant general.
3. The acting adjutant general serving under the terms of this section [shall] must be compensated as determined by the governor, but the amount [shall] must not exceed that authorized for a regularly appointed adjutant general.
κ1989 Statutes of Nevada, Page 597 (CHAPTER 282, SB 142)κ
[4. The acting adjutant general, before entering upon the duties of his office, shall give to the state a fidelity bond in the same manner and in the same sum as is required from the adjutant general. The premium for such bond shall be paid by the department.]
Sec. 30. NRS 428.050 is hereby amended to read as follows:
428.050 1. In addition to the tax levied pursuant to NRS 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is 250,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by [11] 12.3 cents for each $100 of assessed valuation. In a county whose population is less than 250,000 , the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.
2. The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.
3. No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.
4. Except as otherwise provided in this subsection, no interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.285 and 450.425. The health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.
Sec. 31. NRS 454.279 is hereby amended to read as follows:
454.279 1. A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies of dangerous drugs to stock his ambulances or other authorized vehicles or replenish the stock if the intermediate emergency medical technician, the advanced emergency medical [technician-ambulance] technician or the registered nurse who is in charge of the dangerous drugs is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
κ1989 Statutes of Nevada, Page 598 (CHAPTER 282, SB 142)κ
3. A pharmacy or hospital pharmacy that sells supplies pursuant to this section shall maintain a record of each sale which must contain:
(a) The date of the sale;
(b) The name, address and signature of the purchaser or the person receiving the delivery;
(c) The name of the dispensing pharmacist;
(d) The name and address of the authorizing practitioner; and
(e) The name, strength and quantity of each drug sold.
4. A pharmacy or hospital pharmacy that supplies the initial stock for an ambulance or other emergency vehicle shall comply with the applicable regulations adopted by the state board of health pursuant to NRS 450B.120.
5. The state board of pharmacy shall adopt additional regulations, consistent with the provisions of this chapter, regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 32. NRS 484.778 is hereby amended to read as follows:
484.778 The governing body of each city may enact an ordinance adopting the penalties set forth for misdemeanors in NRS [484.379] 484.3792 for similar offenses under city ordinance.
Sec. 33. NRS 534.011 is hereby amended to read as follows:
534.011 Area of active management means an area:
1. In which the state engineer is conducting particularly close monitoring and regulation of the water supply because of heavy use of that supply; and
2. Which has received that designation by the state engineer [or] pursuant to NRS 534.030.
Sec. 34. NRS 616.1705 is hereby amended to read as follows:
616.1705 1. Members of the board are entitled to receive a fee of $80 per day for attendance at meetings.
2. Fees and reimbursement for expenses must be paid from the state [industrial] insurance fund.
Sec. 35. NRS 633.311 is hereby amended to read as follows:
633.311 An applicant for a license to practice osteopathic medicine shall be issued a license by the board if he:
1. Is 21 years of age or older;
2. Is a citizen of the United States or [has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen;] is lawfully entitled to remain and work in the United States;
3. Is a graduate of a school of osteopathic medicine;
4. Has completed a hospital internship;
5. Applies for the license as provided by law;
6. Passes the examination prescribed by the board; and
7. Pays the fees provided for in this chapter.
Sec. 36. NRS 637A.140 is hereby amended to read as follows:
637A.140 The application [shall] must be under oath and [shall] must contain information to satisfy the board that:
1. The applicant is a citizen of the United States [and is] or is lawfully entitled to remain in the United States.
2. The applicant is over 21 years of age.
[2.] 3. The applicant is of good moral character.
κ1989 Statutes of Nevada, Page 599 (CHAPTER 282, SB 142)κ
[3.] 4. The applicant has met the minimum educational requirements established by the board.
Sec. 37. NRS 680A.070 is hereby amended to read as follows:
680A.070 A certificate of authority is not required of an insurer with respect to any of the following:
1. Investigation, settlement or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this state.
2. Except as provided in subsection 2 of NRS 680A.060, transactions thereunder after issuance of a policy covering only subjects of insurance that are not resident, located or expressly to be performed in this state at the time of issuance, and lawfully solicited, written and delivered outside this state.
3. Prosecution or defense of suits at law, except that no insurer unlawfully transacting insurance in this state without a certificate of authority may institute or maintain, other than defend, any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until the insurer, assignee or successor has obtained a certificate of authority. This provision does not apply to any suit or action by the receiver, rehabilitator or liquidator of such an insurer, assignee or successor under laws similar to those contained in chapter 696B of NRS.
4. Transactions pursuant to surplus lines coverages lawfully written under chapter 685A of NRS.
5. A suit, action or proceeding for the enforcement or defense of its rights relative to its investments in this state.
6. Reinsurance, except as to a domestic reinsurer or the reinsurance of a domestic insurer, unless the reinsurance is authorized pursuant to subsection 1 of NRS 681A.110.
7. Transactions in this state involving group life insurance, group health or blanket health insurance, or group annuities where the master policy or contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 688B.030 or 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.
8. The issuance of annuities by an affiliate of an authorized insurer if the affiliate:
(a) Is approved by the commissioner;
(b) Is organized as a nonprofit educational corporation;
(c) Issues annuities only to nonprofit institutions of education and research; and
(d) Reports and pays any premium tax on the annuities required pursuant to chapter 680B of NRS.
Sec. 38. NRS 680A.320 is hereby amended to read as follows:
680A.320 1. For the purposes of this section:
(a) An affiliated person is a person controlled by any combination of the insurer, the parent corporation, a subsidiary or the principal stockholders or officers or directors of any of the foregoing.
κ1989 Statutes of Nevada, Page 600 (CHAPTER 282, SB 142)κ
(b) Health facility has the meaning ascribed to it in NRS 439A.015.
(c) A subsidiary is a person of which either the insurer and the parent corporation or the insurer or the parent corporation holds practical control.
2. No insurer may engage directly or indirectly in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which will result or tend to result in:
(a) Substitution contrary to the interest of the insurer and through any method of any asset of the insurer with an asset or assets of inferior quality or lower fair market value;
(b) Deception as to the true operating results of the insurer;
(c) Deception as to the true financial condition of the insurer;
(d) Allocation to the insurer of a proportion of the expense of combined facilities or operations which is unfair and unfavorable to the insurer;
(e) Unfair or excessive charges against the insurer for services, facilities, supplies or reinsurance;
(f) Unfair and inadequate charges by the insurer for reinsurance, services, facilities or supplies furnished by the insurer to others;
(g) Payment by the insurer for services, facilities, supplies or reinsurance not reasonably needed by the insurer;
(h) Depletion of the insurers surplus, through payment of dividends or other distribution of withdrawal, below the amount thereof reasonably required for conduct of the insurers business and maintenance of growth with safety to policyholders; or
(i) Payment by the insurer for services or products for which the health facility has charged less than fair market value, unless the reduced charge is reflected in the form of reduced premiums. In determining what constitutes fair market value, consideration must be given to reasonable agreements for the preferential provision of health care, in accordance with regulations adopted by the commissioner. An insurer which [charges] pays less than fair market value for services or products in a transaction which is subject to the provisions of this paragraph shall annually file a certification with the commissioner that the reduced [charge] payment has been reflected in the form of reduced premiums, together with documentation supporting the certification.
3. In all transactions between the insurer and its parent corporation, or involving the insurer and any subsidiary or affiliated person, full recognition must be given to the paramount duty and obligation of the insurer to protect the interests of policyholders, both existing and future.
4. If a health facility is a parent, subsidiary or affiliate of an insurer or of a parent or facility of an insurer, and the insurer purchases medical or any other services or products from the health facility, the health facility may not:
(a) Attempt artificially to reduce or increase its margin of profit by altering the charges to the insurer.
(b) Alter its true operating results or financial condition through charges to the insurer for services or products.
This subsection does not prohibit activities authorized pursuant to paragraph (i) of subsection 2.
5. If a health facility is found, after notice and a hearing, to have violated the provisions of subsection 4, the commissioner may impose an administrative fine of not more than $5,000 for each violation.