[Rev. 2/12/2019 1:11:55 PM]
κ1989 Statutes of Nevada, Page 601 (CHAPTER 282, SB 142)κ
Sec. 39. NRS 686B.100 is hereby amended to read as follows:
686B.100 1. If the commissioner finds that competition is not an effective regulator of the rates charged or that a substantial number of companies are competing irresponsibly through the rates charged, or that there are widespread violations of NRS 686B.010 to 686B.175, inclusive, in any kind or line of insurance or subdivision thereof or in any rating class or rating territory, he may promulgate a rule requiring that in the kind or line of insurance or subdivision thereof or rating class or rating territory comprehended by the finding any subsequent changes in the rates or supplementary rate information be filed with him at least 30 days before they [become effective.] are otherwise required to be filed pursuant to 686B.070. He may extend the waiting period for not to exceed 15 additional days by written notice to the filer before the first 30-day period expires.
2. By rule, the commissioner may require the filing of supporting data as to any or all kinds or lines of insurance or subdivisions thereof or classes of risks or combinations thereof as he deems necessary for the proper functioning of the process for monitoring and regulating rates. The supporting data must include:
(a) The experience and judgment of the filer, and, to the extent it wishes or the commissioner requires, of other insurers or rate service organizations;
(b) Its interpretation of any statistical data relied upon;
(c) Descriptions of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
3. A rule promulgated under subsection 1 must expire nor more than 1 year after it is issued. The commissioner may renew the rule if he deems it necessary.
4. Whenever a filing is not accompanied by such information as the commissioner has required under subsection 2, he may so inform the insurer and the filing shall be deemed to be made when the information is furnished.
Sec. 40. NRS 686B.120 is hereby amended to read as follows:
686B.120 The commissioner may by order require that a particular insurer file any or all of its rates and supplementary rate information 30 days before [their effective date,] they are otherwise required to be filed pursuant to NRS 686B.070, if and to the extent that he finds, after a hearing, that the protection of the interests of its insureds and the public in this state requires closer supervision of its rates because of the insureds financial condition or rating practices. He may extend the waiting period for any filing for not to exceed 15 additional days by written notice to the insurer before the first 30-day period expires. A filing not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of NRS 686B.010 to 686B.175, inclusive, subject to the possibility of subsequent disapproval under NRS 686B.110.
Sec. 41. Section 8 of chapter 65, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 8. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes [as defined in NRS 361.561] are due on the first Monday of August.
κ1989 Statutes of Nevada, Page 602 (CHAPTER 282, SB 142)κ
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 first Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
5. If any person charged with taxes which are a lien on a 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 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. 42. Section 2 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 2. NRS 220.100 is hereby amended to read as follows:
220.100 The legislative counsel shall:
1. Prepare annotations to Nevada Revised Statutes adopted by chapter 2, Statutes of Nevada 1957 . [, and digests of judicial opinions construing or concerning the law of the State of Nevada.]
2. Keep the material in Nevada Revised Statutes and its annotations [and the digests] current as provided in NRS 220.160.
Sec. 43. Section 4 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 4. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel shall have it printed, lithoprinted or reproduced by any other process by the state printing and micrographics division of the department of general services.
κ1989 Statutes of Nevada, Page 603 (CHAPTER 282, SB 142)κ
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] each volume of the Nevada Revised Statutes 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 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. 44. Section 5 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 5. NRS 220.150 is hereby amended to read as follows:
220.150 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 [, 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. 45. Section 6 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 6. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon completion of Nevada Revised Statutes with annotations , [and the digests,] the legislative counsel shall prepare and have printed or reproduced such replacement and supplementary pages for such laws [, annotations and digests] and annotations as may, from time to time, be necessary. In any event, the legislative counsel shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.
2. The intent of this section is that Nevada Revises Statutes be kept current insofar as may be possible. To that end, the provisions of this chapter [and,] , and in particular [,] NRS 220.120 , apply to the preparation and printing or reproduction of such replacement and supplementary pages.
3. Prices may be set by the legislative commission as near as possible to the cost of preparing, printing and reproduction. All money received for the sale of such replacement and supplementary pages must be deposited to the credit of the legislative fund.
κ1989 Statutes of Nevada, Page 604 (CHAPTER 282, SB 142)κ
Sec. 46. Section 7 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 7. NRS 220.165 is hereby amended to read as follows:
220.165 The legislative counsel shall provide:
1. A complete set of Nevada Revised Statutes with annotations [(excluding the digest of cases)] to each person who 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. 47. Section 8 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 8. NRS 220.167 is hereby amended to read as follows:
220.167 1. Each board of county commissioners shall provide a complete set of Nevada Revised Statutes with annotations [(excluding the digest of cases except as provided in subsection 4) for] to each district court or department thereof and [for] each justices court or department thereof regularly established in the county, and shall provide corresponding sets of replacement or supplementary pages as issued.
2. The governing body of each city shall similarly provide for each department of its municipal court.
3. If a justice of the peace is ex officio municipal judge, the county and city shall share equally the cost for his court.
[4. The board of county commissioners shall provide a set of the 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. 48. Section 9 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 9. NRS 345.050 is hereby amended to read as follows:
345.050 1. The director of the legislative counsel bureau 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.
κ1989 Statutes of Nevada, Page 605 (CHAPTER 282, SB 142)κ
(d) Miscellaneous publications:
(1) Nevada Constitutional Debates & Proceedings 1864.
(2) Nevada and Sawyers Digest 1878.
(3) Nevada Digest Annotated (1912), by Patrick.
(4) [The Nevada Digest, including replacement and supplementary pages.
(5) ] Journals of the assembly or senate.
[(6)] (5) Appendices to journals of senate and assembly.
2. Prices for the publications enumerated in subsection 1 must be set by the legislative commission.
3. No volume may be sold or delivered until the purchase price [therefor is first received.] for the volume has been paid.
4. Money received from the sale of Nevada Reports must be deposited in the state general fund . [in the state treasury.] Money received from the sale of all other publications enumerated in subsection 1 must be deposited in the legislative fund . [in the state treasury.]
Sec. 49. Section 10 of chapter 106, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 10. NRS 378.160 is hereby amended to read as follows:
378.160 As used in NRS 378.150 to 378.210, inclusive:
1. Print means all forms of printing and duplicating other than by use of carbon paper.
2. State agency includes the legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
3. State publication includes any document issued in print by any state agency and which may legally be released for public distribution, but does not include:
(a) Nevada Revised Statutes with annotations;
(b) Nevada Reports;
(c) Bound volumes of the Statutes of Nevada;
(d) [The Nevada Digest 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)] (e) Correspondence and intraoffice or interoffice communications which are not of vital interest to the public; or
[(g)] (f) 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. 50. Section 1 of Assembly Bill No. 167 of this session is hereby amended to read 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 it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:
1. Real property must be attached by leaving a copy of the writ with the occupant thereof, or, if there 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.
κ1989 Statutes of Nevada, Page 606 (CHAPTER 282, SB 142)κ
conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
2. Except as otherwise provided in subsection 7 of NRS 104.8317, personal property 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 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.
3. Any mobile home, as defined in NRS 40.215, must be attached by:
(a) Posting a copy of the writ in a conspicuous place thereon;
(b) Taking it into immediate custody [;] , subject to the provisions of subsection 2; or
(c) Placing a keeper in charge of the mobile home for [a period of] 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:
(1) During which period, the defendant may continue to occupy the mobile home; and
(2) After which period, the sheriff shall take 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 become due, and other personal property in the possession of under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.
Sec. 51. NRS 223.070 is hereby repealed.
Sec. 52. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 607κ
Senate Bill No. 270Senators Wagner, Horn, Joerg, Malone, Neal, Smith and Titus
CHAPTER 283
AN ACT relating to crimes against property; authorizing district attorneys to create programs for restitution for persons alleged to have drawn or passed checks or drafts without sufficient money or credit to pay them in full; providing the conditions under which persons may be accepted in such programs; authorizing district attorneys to collect fees for collecting and processing checks or drafts drawn or passed without sufficient money to pay them in full; 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. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. A district attorney may create within his office a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.
2. The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.
3. If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:
(a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;
(b) The prior criminal record of the person;
(c) Prior referrals of the person to the program;
(d) The number of times the person has violated NRS 205.130 or 205.380;
(e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and
(f) The strength of the evidence, if any, of the persons intent to defraud the alleged victim.
4. Except as otherwise provided in section 5 of this act, this section does not limit the authority of the district attorney to prosecute violations of NRS 205.130 or 205.380.
Sec. 3. 1. After the acceptance of a person to the program for restitution, a notice must be sent by registered or certified mail to that person by a representative of the program.
2. The notice must contain:
(a) The date and amount of the check or draft the person is alleged to have drawn or passed;
κ1989 Statutes of Nevada, Page 608 (CHAPTER 283, SB 270)κ
(b) The name of the payee;
(c) The date before which the person must contact the designated representative of the program concerning the check or draft;
(d) A demand for full restitution of the face amount of the check or draft and any fees authorized pursuant to sections 5 and 6 of this act; and
(e) A statement that failure to pay restitution and fees may result in criminal prosecution.
Sec. 4. A person accepted to the program for restitution must:
1. Voluntarily agree to participate in the program; and
2. Contact the designated representative of the program concerning the check or draft on or before the date required in the notice pursuant to subsection 2 of section 3 of this act.
Sec. 5. 1. The district attorney may enter into an agreement with a person accepted to the program for restitution to suspend prosecution for a period to be determined by the district attorney, but in no case to exceed 6 months, pending the following:
(a) Completion by the person of a class conducted by the district attorney, his designee or a private entity under contract with the district attorney, which offers instruction in dealing with a checking account and developing a budget;
(b) Payment by the person of the fee required to participate in the class;
(c) Full restitution made to the alleged victim; and
(d) Full payment of the fee authorized by section 6 of this act, if required.
2. As additional consideration for the agreement, the district attorney shall agree not to file criminal charges if the person accepted to the program completes the conditions of the agreement.
Sec. 6. 1. The district attorney, the designated representative of the program for restitution or a private entity under contract with the district attorney, may collect a fee from any person who draws or passes a check or draft in violation of a provision of this chapter, if the office of the district attorney collects and processes the check or draft.
2. The amount of the fee must not exceed:
(a) Twenty-five dollars if the face amount of the check or draft does not exceed $100;
(b) Fifty dollars if the face amount of the check or draft is greater than $100 but does not exceed $300; or
(c) Seventy-five dollars if the face amount of the check or draft is greater than $300.
3. Money collected pursuant to this section must be deposited in the county treasury in an account to be administered by the district attorney. The money in the account may only be used to carry out the purposes of sections 2 to 7, inclusive, of this act.
Sec. 7. No statement made by a person referred to the program for restitution in connection with the determination of his eligibility for participation in the program and no statement made or information given by that person while participating in the program is admissible in any civil or criminal action or proceeding.
________
κ1989 Statutes of Nevada, Page 609κ
Assembly Bill No. 485Committee on Government Affairs
CHAPTER 284
AN ACT relating to the public service commission of Nevada; requiring public utilities to pay assessments for certain expenses incurred by the commission; 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 703.145 is hereby amended to read as follows:
703.145 1. Any public utility or common or contract motor carrier subject to the jurisdiction of the commission which elects to maintain its books and records outside the State of Nevada shall, in addition to any other assessment and fees provided for by law, be assessed by the commission for an amount equal to the travel expenses and the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of commission members and staff, for [investigation,] investigations, inspections and audits required to be performed outside this state.
2. Any public utility subject to the jurisdiction of the commission shall, in addition to any other assessment and fees provided for by law, be assessed by the commission for an amount equal to the travel expenses and the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of commission members and staff, for investigations, audits and appearances required to be performed out of this state as a result of interventions in:
(a) Federal Energy Regulatory Commission proceedings as authorized in NRS 703.152; or
(b) Actions involving the Federal Communications Commission or other federal regulatory agencies,
if the intervention is made to benefit the public utility or its customers.
3. The [assessment] assessments provided for by this section [shall] must be determined by the commission upon the completion of each such investigation, inspection [and audit, and shall be] , audit or appearance and are due and payable within 30 days of receipt by the affected utility or common or contract motor carrier of the notice of assessment. The total amount assessed by the commission in 1 year pursuant to subsection 2 must not exceed $50,000.
[3.] 4. The records of the commission relating to the additional costs incurred by reason of the necessary additional travel [shall] must be open for inspection by the affected utility or common or contract motor carrier at any time within [such] the 30-day period.
5. The commission shall report to the legislature no later than February 1 of each odd-numbered year the amount of assessments charged public utilities during the previous biennium pursuant to subsection 2.
κ1989 Statutes of Nevada, Page 610 (CHAPTER 284, AB 485)κ
Sec. 2. The amendatory provisions of section 1 of this act expire by limitation on October 1, 1991.
________
Assembly Bill No. 603Committee on Government Affairs
CHAPTER 285
AN ACT relating to local improvements; authorizing the use of an internal revenue fund to advance money to a special improvement district; repealing obsolete provision; 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 271.536 is hereby amended to read as follows:
271.536 [Where the cost of an improvement to be defrayed by special assessment does not exceed $150,000, the governing body may advance money to cover the cost of the improvement from the general fund of the municipality, in] In lieu of issuing bonds on interim securities [.] to defray the cost of an improvement to be constructed by way of a special improvement district, the governing body may advance money to cover that cost from:
1. The general fund of the municipality, if the cost of the improvement does not exceed $300,000; or
2. An internal service fund, if the municipality has established an internal service fund for that purpose pursuant to NRS 354.612.
Sec. 2. NRS 271.539 is hereby repealed.
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Senate Bill No. 411Committee on Judiciary
CHAPTER 286
AN ACT relating to negotiable instruments; providing that certain writings with variable rates of interest are negotiable instruments; 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 104.3106 is hereby amended to read as follows:
104.3106 1. The sum payable is a sum certain even though it is to be paid:
(a) With stated interest or by stated installments; [or]
(b) With stated different rates of interest before and after default or a specified date; [or]
κ1989 Statutes of Nevada, Page 611 (CHAPTER 286, SB 411)κ
(c) With a stated discount or addition if paid before or after the date fixed for payment; [or]
(d) With exchange or less exchange, whether at a fixed rate or at the current rate; or
(e) With costs of collection or an attorneys fee , or both , upon default.
2. A rate of interest that cannot be calculated by looking only to the instrument is a stated rate of interest for the purposes of subsection 1 if the rate is readily ascertainable by reference in the instrument to a published statute, regulation, rule of court, generally accepted commercial or financial index, compendium of interest rates, or announced or established rate of a named financial institution.
3. Nothing in this section shall validate any term which is otherwise illegal.
________
Assembly Bill No. 559Committee on Commerce
CHAPTER 287
AN ACT relating to pharmacy; reducing the period that a pharmacy is required to retain prescriptions on file; 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 639.236 is hereby amended to read as follows:
639.236 1. All prescriptions filled in any pharmacy must be serially numbered and filed in the manner prescribed by regulation of the board. Prescriptions for controlled substances listed in Schedule II must be filed separately from other prescriptions or in a readily retrievable manner as the board may provide by regulation. All prescriptions must be retained on file for at least [5] 2 years.
2. Each prescription on file must bear the date on which it was originally filled and be personally signed or initialed by the registered pharmacist who filled it.
3. Files of prescriptions are open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles and public safety.
________
κ1989 Statutes of Nevada, Page 612κ
Senate Bill No. 350Senators Neal and Titus
CHAPTER 288
AN ACT relating to public libraries; allowing the board of trustees of a consolidated library district to establish and administer a separate bank account; providing for the purchase of books, materials and equipment through the issuance of general obligation bonds; 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 379.020 is hereby amended to read as follows:
379.020 1. The board of county commissioners shall appoint five competent persons who are residents of the county to serve as county library trustees. Three trustees shall hold office for the terms of 1, 2 and 3 years respectively, and two trustees shall hold office for terms of 4 years. Annually thereafter, the board of county commissioners shall appoint one trustee who shall hold office for a term of 4 years, except that in those years in which the terms of two trustees expire, the board of county commissioners shall appoint two trustees for terms of 4 years. County library trustees shall hold office until their successors are appointed and qualified.
2. No trustee may be appointed to hold office for more than two consecutive 4-year terms.
3. All vacancies which may occur at any time in the office of county library trustee must be filled by appointment by the board of county commissioners.
4. County library trustees serve without compensation, except that the board of county commissioners may provide for compensation in an amount of not more than $40 per meeting, with a total of not more than $80 per month, and may provide travel expenses and subsistence allowance for the members in the same amounts as are allowed for [state officers and employees.] employees of the county library.
5. The board of county commissioners may remove any trustee who fails, without cause, to attend three successive meetings of the trustees.
Sec. 2. NRS 379.022 is hereby amended to read as follows:
379.022 1. After ordering the creation of a county library district and the establishment of a public library therein as provided in NRS 379.021, the board of county commissioners shall appoint five competent persons who are residents of the county library district to serve as district library trustees.
2. The term of office of the trustees appointed pursuant to subsection 1 is as follows:
(a) Three persons must be appointed for terms of 2 years.
(b) Two persons must be appointed for terms of 4 years.
Thereafter the offices of district library trustees must be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive 4-year terms.
3. A vacancy in the office of district library trustee which occurs because of expiration of the term of office must be filled by appointment by the board of county commissioners for a term of 4 years. A vacancy which occurs other than by expiration of the term must be filled by appointment by the board of county commissioners for the unexpired term.
κ1989 Statutes of Nevada, Page 613 (CHAPTER 288, SB 350)κ
than by expiration of the term must be filled by appointment by the board of county commissioners for the unexpired term.
4. The board of district library trustees may provide for compensation of members of the board in an amount of not more than $40 per meeting, with a total of not more than $80 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for [state officers and employees.] employees of the county library district.
5. The board of county commissioners may remove any district library trustee who fails, without cause, to attend three successive meetings of the trustees.
6. If the library trustees of any county library district have entered into a contract pursuant to NRS 379.060 with any city within the county, they may add to their number two additional library trustees who are appointed by the governing body of the city to represent the residents of the city. The terms of office of the two additional library trustees are 3 years or until the termination of the contract with the city for library services, if that termination occurs sooner. The additional library trustees have the same powers and duties as the trustees appointed pursuant to subsection 1.
Sec. 3. NRS 379.0222 is hereby amended to read as follows:
379.0222 1. After the consolidation of a city into a county library district, the board of county commissioners and the governing body of the city shall each appoint five competent persons who are residents of the new consolidated library district to serve as trustees.
2. The terms of office of the trustees appointed pursuant to subsection 1 are as follows:
(a) Three persons appointed by each governing body must be appointed for terms of 4 years.
(b) Two persons so appointed must be appointed for terms of 2 years.
Thereafter the offices of trustees must be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive terms.
3. A vacancy in the office of trustee which occurs because of the expiration of the term must be filled by appointment for a term of 4 years. A vacancy which occurs other than by expiration of the term must be filled by appointment for the unexpired term.
4. The trustees are entitled to receive a salary of $40 per meeting, but not more than $80 per month, in addition to the travel and subsistence allowances in the same amounts as are provided [by law for state officers and employees.] for employees of the consolidated library district.
5. The board of county commissioners or governing body of the city, as the case may be, may remove any trustee appointed by it who fails, without good cause, to attend three successive meetings of the trustees.
Sec. 4. NRS 379.0225 is hereby amended to read as follows:
379.0225 1. The trustees of a consolidated or county library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes [.] or for purchasing books, materials or equipment for newly constructed libraries.
κ1989 Statutes of Nevada, Page 614 (CHAPTER 288, SB 350)κ
2. If the trustees decide to propose the issuance of bonds, the proposal must be submitted to the general obligation bond commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the board of county commissioners shall issue the bonds as general obligations of the consolidated or county library district pursuant to the provisions of the Local Government Securities Law.
3. Any bond issued for purchasing books, materials or equipment for newly constructed libraries must be redeemed within 5 years after its issuance.
Sec. 5. NRS 379.0227 is hereby amended to read as follows:
379.0227 1. Upon the establishment of a consolidated library district, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the consolidated library district for the purpose of creating and maintaining a fund known as the fund for the consolidated library.
2. All money received by the county treasurer pursuant to subsection 1 and NRS 379.026 may be transferred to a separate account established and administered by the trustees of a consolidated library district in accordance with the provisions of NRS 354.603.
Sec. 6. NRS 379.025 is hereby amended to read as follows:
379.025 1. The trustees of any consolidated, county, district, town or other public library, and their successors, shall:
(a) Establish, supervise and maintain a library.
(b) Appoint , evaluate the performance of and, if necessary, dismiss a librarian.
(c) Hold and possess the property and effects of the library in trust for the public.
(d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
(f) In the case of a consolidated library district, administer any separate account established pursuant to NRS 354.603.
(g) Establish bylaws and regulations for the management of the library and their own management.
[(g)] (h) Manage all the property, real and personal, of the library.
[(h)] (i) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.
[(i)] (j) Administer any trust declared or created for the library.
[(j)] (k) Maintain or defend any action in reference to the property or affairs of the library.
2. The trustees may:
κ1989 Statutes of Nevada, Page 615 (CHAPTER 288, SB 350)κ
(a) Make purchases and secure rooms.
(b) Authorize the merger or, subject to the limitations in NRS 379.0221, the consolidation of a town or city library with a county library district.
(c) Invest the money in the appropriate library fund in accordance with the provisions of chapter 355 of NRS.
(d) Do all acts necessary for the orderly and efficient management and control of the library.
Sec. 7. NRS 379.030 is hereby amended to read as follows:
379.030 1. All claims for indebtedness incurred or created by the trustees of any consolidated, county, district or town library must:
(a) Be audited and approved by a majority of the trustees;
(b) Be presented to an acted upon by the board of county commissioners [;] , unless a separate account has been established pursuant to NRS 354.603; and
(c) Be paid out of the appropriate library fund in the same manner as claims against the county are presented, acted upon and paid.
2. In no case may any claim except for library and reading room be allowed or paid out of the appropriate library fund.
3. Any money remaining in the county library fund on June 30 of any year reverts to the general fund of the county.
Sec. 8. NRS 354.603 is hereby amended to read as follows:
354.603 Notwithstanding any other provisions of law:
1. The board of trustees of any county school district , [or] the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:
(a) The board of trustees of the county school district , [or] the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.
(b) The board of trustees of the county school district , [or] the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.
(c) The board of trustees of the county school district , [or] the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the department of education.
κ1989 Statutes of Nevada, Page 616 (CHAPTER 288, SB 350)κ
board of county commissioners, and, in the case of the board of trustees of the county school district, to the department of education. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.
2. The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of : [two funds:]
(a) The county school district fund; and
(b) The county school district building and sites fund.
3. The separate account established by the board of county hospital trustees is designated the county hospital fund.
4. The separate account of the board of trustees of the consolidated library district established under the provisions of this section must be composed of:
(a) The fund for the consolidated library; and
(b) The fund for capital projects of the consolidated library.
5. No expenditures from [either] an account may be made in excess of the balance of the account.
[5.] 6. Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.
[6.] 7. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasurer to be administered in accordance with existing provisions of law. The board of trustees of the county school district , [or] the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district is entitled to a hearing before the board of county commissioners.
Sec. 9. This act becomes effective upon passage and approval.
________
Senate Bill No. 355Senators Townsend, ODonnell, Vergiels, Malone, Rhoads, Shaffer and Titus
CHAPTER 289
AN ACT relating to motor carriers; reducing the age when a person is eligible to receive public transportation free or at reduced rates; 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 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
κ1989 Statutes of Nevada, Page 617 (CHAPTER 289, SB 355)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] 60 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) 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 a similar class.
(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.
(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.
(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.
5. This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.
6. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
7. As used in this section, employees includes:
κ1989 Statutes of Nevada, Page 618 (CHAPTER 289, SB 355)κ
(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. 2. This act becomes effective at 12:01 a.m. on October 1, 1989.
________
Senate Bill No. 272Committee on Commerce and Labor
CHAPTER 290
AN ACT relating to public utilities; revising the method for determining the gross operating revenue of telephone utilities; 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 704.033 is hereby amended to read as follows:
704.033 1. The commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission.
2. Except as otherwise provided in subsection 3, the annual assessment must be:
(a) For the use of the commission, not more than 3.50 mills; and
(b) For the use of the consumers advocate, not more than 0.75 mills, on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada, except that the minimum assessment in any 1 year must be $10. The total annual assessment must be not more than 4.25 mills.
3. For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2. The levy for the use of the consumers advocate must not be assessed against railroads.
4. The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:
(a) Telephone utilities, [such] except as provided in paragraph (c), the revenue shall be deemed to be [local service revenues plus intrastate toll revenues.] all intrastate revenues that are considered by the commission for the purpose of establishing rates.
(b) Railroads, [such revenues] the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.
(c) All public utilities, [such] the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 619κ
Senate Bill No. 151Committee on Finance
CHAPTER 291
AN ACT making an appropriation to the state public works board for the payment of expenses relating to the renovation and improvement of roofs of state-owned buildings and facilities; 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. There is hereby appropriated from the state general fund to the state public works board the sum of $1,080,590 for the payment of expenses related to the renovation and improvement of roofs at state-owned buildings and facilities.
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. 146Senators ODonnell and Townsend
CHAPTER 292
AN ACT relating to lessors of motor vehicles; prohibiting short-term lessors from discriminating against members of the Armed Forces of the United States; providing a penalty; 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. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No short-term lessor may:
(a) Refuse to lease a vehicle to a member of the Armed Forces of the United States; or
(b) Discriminate against such a person in the terms, conditions or privileges of the rental of a vehicle,
because of that persons membership in the Armed Forces.
2. Any person who willfully violates any provision of subsection 1 is guilty of a misdemeanor.
________
κ1989 Statutes of Nevada, Page 620κ
Senate Bill No. 3Senators Joerg, OConnell, Raggio, Beyer, Getto, Hickey, Horn, Malone, Mello, Rawson, Rhoads, Shaffer, Smith and Wagner
CHAPTER 293
AN ACT relating to audits of local government; requiring the inclusion of certain information in the report of an audit of a local government; 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 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all [funds and separate accounts of that local government in banks or savings and loan associations, established under NRS 354.603, and] of its:
(a) Funds;
(b) Account groups; and
(c) Separate accounts established pursuant to NRS 354.603.
A local government may provide for more frequent audits as it deems necessary. Except as provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.
2. The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.
3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.
4. Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must [compare] include:
κ1989 Statutes of Nevada, Page 621 (CHAPTER 293, SB 3)κ
(a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; and
(b) A comparison of operations of the local government with the approved budget and [include] a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection.
5. The recommendation and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The department of taxation; and
(d) In the case of a school district, the department of education.
6. The governing body shall act upon the recommendations of the report of the audit within 6 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.
________
Assembly Bill No. 892Committee on Government Affairs
CHAPTER 294
AN ACT relating to administrative regulations; advancing the effective date of Assembly Bill No. 199 of this session; 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. Chapter 29, Statutes of Nevada 1989, is hereby amended by adding thereto a new section designated as section 2, following section 1, to read as follows:
Sec. 2. This act becomes effective upon passage and approval and applies to temporary regulations adopted on or after December 1, 1988.
κ1989 Statutes of Nevada, Page 622 (CHAPTER 294, AB 892)κ
Sec. 2. This act becomes effective upon passage and approval and applies retroactively to proposed regulations submitted between June 1, 1989, and June 15, 1989, and temporary regulations adopted during that period.
________
Assembly Bill No. 769Committee on Judiciary
CHAPTER 295
AN ACT relating to the acknowledgment of conveyances; revising the requirements for identifying parties to a conveyance of real property; revising the form of acknowledgment for attorneys in fact; 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 111.255 is hereby amended to read as follows:
111.255 No acknowledgment of any conveyance whereby any real property is conveyed, or may be affected, [shall] may be taken unless the person offering to make the acknowledgment [shall be] is personally known to the person taking the [same] acknowledgment to be the person whose name is subscribed to the conveyance as a party [thereto, or shall be] to it, or is proved to be [such by the oath or affirmation of a credible witness.] that person.
Sec. 2. NRS 111.260 is hereby amended to read as follows:
111.260 The certificate of [such acknowledgment shall] the acknowledgment must state the fact of acknowledgment, and that the person making the [same] acknowledgment was personally known to the person granting the certificate to be the person whose name is subscribed to the conveyance as a party [thereto,] or was proved to be [such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate.] that person.
Sec. 3. NRS 111.270 is hereby amended to read as follows:
111.270 1. A certificate, when made for an acknowledgment by a natural person, corporation or partnership, must be in substantially the following form:
State of Nevada }
} ss.
County of ............................................................... }
On .....................................(date) personally appeared before me, a notary public (or judge or other authorized person, as the case may be), ................................, personally known (or proved) to me to be the person whose name is subscribed to the above instrument who acknowledged that he executed the [above] instrument.
.......................................................
(Signature)
κ1989 Statutes of Nevada, Page 623 (CHAPTER 295, AB 769)κ
2. Any acknowledgment made before July 1, 1967, which is in a form substantially the same as that contained in subsection 1, is a valid acknowledgment.
Sec. 4. NRS 111.280 is hereby amended to read as follows:
111.280 A certificate, when made for an acknowledgment by an attorney in fact, must be in substantially the following form:
State of Nevada }
} ss.
County of .............................................................. }
On this ............... day of ................., A.D. ............, personally appeared before me, a notary public (or judge or other authorized person, as the case may be), in and for ....................... County, A.B., known (or proved) to me to be the person whose name is subscribed to the within instrument as the attorney in fact of ....................., and acknowledged to me that he subscribed [the name of ..................... thereto as principal, and] his own name as attorney in fact . [, freely and voluntarily and for the uses and purposes therein mentioned.]
Sec. 5. NRS 111.285 is hereby repealed.
________
Assembly Bill No. 768Committee on Judiciary
CHAPTER 296
AN ACT relating to foreign corporations; clarifying the business a nonqualifying foreign corporation may carry on in this state; providing for a certificate of registration for certain nonqualifying foreign corporations; 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 80.240 is hereby amended to read as follows:
80.240 1. Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business [,] and does not solicit or accept deposits in this state, except pursuant to NRS 666.225 to 666.385, inclusive, may carry on any one or more of the following activities:
(a) The acquisition of loans, notes or other evidences of indebtedness secured by mortgages, deeds or deeds of trust on real property situated in this state . [, by purchase or assignment from, or by participation with a domestic lender, pursuant to the commitment agreement or arrangements made before or after the origination, creation or execution of such loans, notes or other evidences of indebtedness.]
κ1989 Statutes of Nevada, Page 624 (CHAPTER 296, AB 768)κ
(b) The ownership, modification, renewal, extension or transfer of such loans, notes or other evidences of indebtedness, the foreclosure of such mortgages or deeds of trust, or the acceptance of additional obligors thereon.
(c) The maintaining or defending of any action or suit relative to such loans, notes, mortgages or deeds of trust.
(d) The maintaining of bank accounts in Nevada banks in connection with the collection or securing of such loans.
(e) [The making, collection or servicing of such loans.
(f)] The acquisition of title to property under foreclosure sale or from owners in lieu of foreclosure, and the management, rental, maintenance, sale or otherwise dealing or disposing of such real property.
[(g)] (f) The physical inspection and appraisal of all property in Nevada which is to be given as security for such loans and negotiations for the purchase of such loans.
[(h)] (g) The production of motion pictures as defined in NRS 231.020.
2. Any corporation or association carrying on any activity enumerated in subsection 1 shall, for the purposes of this section, be deemed to have appointed the secretary of state as its agent upon whom all lawful process in any action or legal proceeding against it relative to any activity enumerated in subsection 1 or any cause of action arising in this state may be served, and any lawful process against it which may be served upon the secretary of state as provided in this section is of the same force and validity as if served upon the corporation or association.
3. Process authorized by subsection 2 must be served by delivering to and leaving with the secretary of state duplicate copies of the process with payment of a fee of $10, and service thereof upon the secretary of state shall be deemed service upon the corporation or association. The secretary of state shall forthwith forward one copy of the process by registered or certified mail prepaid to the corporation or association, or in the case of a corporation or association organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the corporation or association, giving the day and the hour of the service. Service of process is not complete until the copy thereof has been mailed and received by the corporation or association, and the receipt of the addressee is prima facie evidence of the completion of the service. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the corporation or association is required to appear is extended 10 days.
4. Any corporation or association carrying on any activity enumerated in subsection 1 shall, on or before June 30 of each year, file a list of officers and directors and shall pay a fee of $50 for filing the list. The fee is in lieu of any fees or charges otherwise imposed on corporations under the laws of this state. The filing of the annual list does not constitute the maintenance of an office for the transaction of business within the state for the purposes of subsection 1. Any corporation or association which refuses or neglects to pay the fee and file a list of officers and directors within the time provided shall pay, in addition to the amount of the fee, a penalty of $12.50. Unless the fee and penalty are paid and the lists are filed on or before the [1st] first Monday in August following the due date, the defaulting corporation forfeits the amount of the fee and penalty to the State of Nevada and its right to transact any business within this state.
κ1989 Statutes of Nevada, Page 625 (CHAPTER 296, AB 768)κ
amount of the fee and penalty to the State of Nevada and its right to transact any business within this state. The fee and penalty must be collected as provided in NRS 80.160.
5. [Except as otherwise provided in NRS 80.250, no] No corporation or association carrying on any activity [stated in] in compliance with subsection 1 is required to qualify or comply with any provision of NRS 80.010 to 80.230, inclusive, chapter 645B of NRS or [Title 55] Titles 55 and 56 of NRS.
6. For the purposes of this section:
(a) A solicitation of a deposit is made in this state, whether or not either party is present in this state, if the solicitation:
(1) Originates in this state; or
(2) Is directed by the solicitor to a destination in this state and received where it is directed, or at a post office in this state if the solicitation is mailed.
(b) A solicitation of a deposit is accepted in this state if acceptance:
(1) Is communicated to the solicitor in this state; and
(2) Has not previously been communicated to the solicitor, orally or in writing, outside this state.
Acceptance is communicated to the solicitor in this state, whether or not either party is present in this state, if the depositor directs it to the solicitor reasonably believing the solicitor to be in this state and it is received where it is directed, or at any post office in this state if the acceptance is mailed.
(c) A solicitation made in a newspaper or other publication of general, regular and paid circulation is not made in this state if the publication:
(1) Is not published in this state; or
(2) Is published in this state but has had more than two-thirds of its circulation outside this state during the 12 months preceding the solicitation. If a publication is published in editions, each edition is a separate publication except for material common to all editions.
(d) A solicitation made in a radio or television program or other electronic communication received in this state which originates outside this state is not made in this state. A radio or television program or other electronic communication shall be deemed to have originated in this state if the broadcast studio or originating source of transmission is located within the state, unless:
(1) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;
(2) The program is supplied by a radio, television or other electronic network with electronic signal originating from outside this state for redistribution to the general public in this state;
(3) The program or communication is an electronic signal that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television or other electronic system; or
(4) The program or communication consists of an electronic signal which originates within this state, but which is not intended for redistribution to the general public in this state.
κ1989 Statutes of Nevada, Page 626 (CHAPTER 296, AB 768)κ
Sec. 2. NRS 80.260 is hereby amended to read as follows:
80.260 1. A corporation or insurance association transacting business pursuant to NRS 80.240 without qualification or compliance with the provisions of NRS 80.010 to 80.230, inclusive, shall register its name with the secretary of state by filing a certificate of registration and paying a fee of $25.
2. [The] Except as otherwise provided in subsection 3, the secretary of state shall not accept such a certificate if the name is the same as or deceptively similar to:
(a) The name of any corporation formed or incorporated in this state;
(b) The name of any other foreign corporation authorized to transact business within this state;
(c) A name reserved for the use of any proposed corporation;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name reserved for the use of any proposed limited partnership,
unless the written acknowledged consent of the corporation or limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the certificate.
3. [Such a] If a foreign corporation cannot register its name in this state because of the provisions of subsection 2, the corporation may file a certificate of registration after having its board of directors adopt a resolution setting forth the name under which the corporation elects to do business in this state. The resolution may:
(a) Add to the existing corporate name a word, abbreviation or other distinctive element; or
(b) Adopt a name different from its existing corporate name that is available for use in this state.
4. In addition to the certificate of registration required by this section, the corporation shall file with the secretary of state a certified copy of the resolution adopting the modified name.
5. If the secretary of state determines that the modified corporate name complies with the provisions of subsection 3, he shall accept the certificate in the modified name if the foreign corporation otherwise complies with this section.
6. A foreign corporation doing business in this state pursuant to this section under a modified corporate name accepted by the secretary of state shall use the modified name in its dealings and communications with the secretary of state.
7. A certificate of registration expires 1 year after it is filed with the secretary of state and may be renewed by filing a certificate of renewal with the secretary of state and paying a fee of $15.
[4.] 8. If such a certificate is not renewed within 30 days after its expiration, the secretary of state shall, upon receipt of the appropriate certificate and applicable fee, accept registration of that name by any other person desiring to do so.
Sec. 3. NRS 659.115 is hereby amended to read as follows:
659.115 1. No corporation [,] which maintains an office in this state for the transaction of banking business, except a bank doing business under the laws of the United States, may solicit or accept deposits in this state or otherwise engage in the banking business in this state without first obtaining from the commissioner, as provided in this section, a license authorizing the corporation to use the name and transact the business of a bank.
κ1989 Statutes of Nevada, Page 627 (CHAPTER 296, AB 768)κ
laws of the United States, may solicit or accept deposits in this state or otherwise engage in the banking business in this state without first obtaining from the commissioner, as provided in this section, a license authorizing the corporation to use the name and transact the business of a bank. The transacting of any banking business without such authority is a gross misdemeanor.
2. The amount of fees to be paid for the license must be regulated in proportion to its authorized capitalization, as follows:
(a) A bank having a capitalization of more than $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A bank having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A bank having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
3. In addition to the provisions of subsection 2, every such bank shall pay a license fee of $100 for each branch bank or branch office maintained by it.
4. Every such bank shall pay annually thereafter, on April 1 of each year, a license fee equal to the original license fee provided in this section.
5. All money collected under the provisions of this section must be paid into the state general fund and the state treasurer is required to issue his receipt therefor.
6. The provisions of this section do not apply to any bank while any portion of is deposits are restricted as to withdrawal pursuant to the provisions of this Title authorizing such restriction of withdrawals.
7. For the purposes of this section, solicit deposits has the meaning ascribed to it in subsection 6 of NRS 80.240.
Sec. 4. NRS 673.595 is hereby amended to read as follows:
673.595 1. A foreign association whose activities are limited to any one or more of those enumerated in NRS 80.240 [or 80.250] need not be licensed under this chapter.
2. Except as provided in NRS 666.225 to 666.385, inclusive, a foreign association may not solicit or accept deposits in this state, but if it was licensed before July 1, 1985, under the provisions of this section then in force, it may renew that license annually subject to all the provisions, and upon payment of the fee, then in force.
Sec. 5. NRS 680A.230 is hereby amended to read as follows:
680A.230 The general corporation laws of this state do not apply to foreign insurers holding certificates of authority to transact insurance in this state, except as otherwise provided in NRS 80.190, 80.240 [, 80.250] and 80.260.
Sec. 6. NRS 80.250 is hereby repealed.
________
κ1989 Statutes of Nevada, Page 628κ
Assembly Bill No. 767Committee on Judiciary
CHAPTER 297
AN ACT relating to statutory liens; clarifying that a notice of pendency of the action to foreclose a mechanics or materialmens lien must be filed in the county in which the property is located; 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 108.239 is hereby amended to read as follows:
108.239 1. Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the plaintiff shall [cause] :
(a) Cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens [under] pursuant to the provisions of NRS 108.221 to 108.246, inclusive, on the premises to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements must be filed within 10 days [of] after the last publication of the notice. The plaintiff and other parties adversely interested must be allowed 5 days to answer the statements [.] ; and
(b) File a notice of pendency of the action in the manner provided in NRS 14.010.
3. If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in paragraph (a) of subsection 2, mail to those other lien claimants, by registered or certified mail, or deliver in person a copy of the notice as published.
4. At the time of any change in the venue of action, the plaintiff shall [record] file a notice of pendency of the action, in the manner provided in NRS 14.010, and include in the notice the court and county to which the action is changed.
5. The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the claims to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
6. On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.221 to 108.246, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
κ1989 Statutes of Nevada, Page 629 (CHAPTER 297, AB 767)κ
rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
7. If the proceeds of sale, after the payment of costs, are not sufficient to satisfy the whole amount of the liens included in the decree of sale, the proceeds must be apportioned according to the right of the several parties. If the proceeds of the sale amount to more than the sum of the liens and the cost of sale, the remainder must be paid over to the owner of the property.
8. Each party whose claim is not satisfied in the manner provided in this section is entitled to personal judgment for the residue against the party legally liable for it if that person has been personally summoned or has appeared in the action.
________
Assembly Bill No. 744Committee on Judiciary
CHAPTER 298
AN ACT relating to actions concerning property; limiting the duty of a seller of real property to disclose certain facts about the property to a prospective buyer; providing immunity from liability; 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. Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In any sale of real property, the fact that the property is or has been:
(a) The site of a homicide, suicide or any crime punishable as a felony; or
(b) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,
is not material to the transaction.
2. A seller or any agent of the seller is not liable to the buyer in any action at law or in equity because of the failure to disclose any fact described in subsection 1.
________
κ1989 Statutes of Nevada, Page 630κ
Assembly Bill No. 625Committee on Judiciary
CHAPTER 299
AN ACT relating to school districts; changing the name of a security officer of a school district to a school police officer; 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 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation for its report.
4. The board of trustees of a school district may employ or appoint persons to serve as [security] school police officers who have the powers of peace officers.
Sec. 2. NRS 391.275 is hereby amended to read as follows:
391.275 The jurisdiction of each [security] school police officer of a school district extends to all school property, buildings and facilities within the school district, for the purpose of:
1. Protecting school district personnel, pupils, or real or personal property; or
2. Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.
Sec. 3. NRS 481.054 is hereby amended to read as follows:
481.054 The following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol who exercise the police powers specified in NRS 481.150 and 481.180;
κ1989 Statutes of Nevada, Page 631 (CHAPTER 299, AB 625)κ
6. Inspectors employed by the public service commission of Nevada who exercise those enforcement powers conferred by chapters 704, 705 and 706 of NRS;
7. Marshals, policemen, correctional officers of cities and towns;
8. Parole and probation officers;
9. Special investigators who are employed full time by the office of any district attorney or the attorney general;
10. Investigators of arson for fire departments who are specially designated by the appointing authority;
11. Members of the police department of the University of Nevada System;
12. The assistant and deputies of the state fire marshal;
13. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
14. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
15. The superintendents and correctional officers of the department of prisons;
16. Employees of the division of state parks of the department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
17. [Security] School police officers employed by the board of trustees of any county school district;
18. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
19. The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;
20. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;
21. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;
22. The personnel of the department of wildlife who exercise those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23. Legislative police officers of the State of Nevada;
24. Police officers of the buildings and grounds division of the department of general services;
25. Parole counselors of the youth services division of the department of human resources;
26. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada;
27. Field investigators of the taxicab authority; and
κ1989 Statutes of Nevada, Page 632 (CHAPTER 299, AB 625)κ
28. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
________
Assembly Bill No. 623Committee on Government Affairs
CHAPTER 300
AN ACT relating to relocation assistance; requiring certain public and private entities to provide relocation assistance and make relocation payments to certain displaced persons in accordance with federal law; requiring the director of the department of transportation to adopt regulations consistent with federal law; repealing certain existing provisions relating to the acquisition of real property and assistance in relocation; making technical changes; 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 340.160 is hereby amended to read as follows:
340.160 1. At any time at or after the filing of the petition referred to in NRS 340.050, and before the entry of final judgment, the petitioner may file with the clerk of the court a declaration of taking, signed by the [duly] authorized officer or agent of the petitioner, declaring that all or any part of the property described in the petition is to be taken for the use of the petitioner.
2. The declaration of taking [shall be] is sufficient if it sets forth:
(a) A description [of] sufficient to identify the property . [, sufficient for the identification thereof, to which there may be attached] The description may include a plat or map [thereof.] of the property.
(b) A statement of the estate or interest in the property being taken.
(c) A statement of the sum of money estimated by the petitioner to be just compensation for the property taken.
3. Upon the filing of the declaration of taking and the deposit in court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property specified in the declaration [shall vest] vests in the petitioner , [and] the property shall be deemed to be condemned and taken for the use of the petitioner [,] and the right to just compensation for the [same shall vest] taking of that property vests in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day , [(] not exceeding 30 days after [such] the filing, except upon good cause shown, [or except as otherwise provided by NRS 342.250, if applicable,)] on which the parties in possession [shall be] are required to surrender possession to the petitioner. If the petitioner is an authorized corporation, the court, [prior to] before directing surrender of possession to the petitioner, shall require such security to be given, in addition to the amount deposited in court, as will reasonably assure the payment of any amount ultimately determined as the compensation to be paid.
κ1989 Statutes of Nevada, Page 633 (CHAPTER 300, AB 623)κ
4. The ultimate amount of compensation [shall] must be fixed [in the manner heretofore specified.] pursuant to the provisions of this chapter. If the amount so fixed [shall exceed] exceeds the amount so deposited in court by the petitioner, the court shall enter judgment against the petitioner in the amount of [such] the deficiency, together with interest at the rate of 6 percent per annum on [such] the deficiency from the date of the vesting of title to the date of the entry of the final judgment [(subject, however,] , subject to abatement for use, income, rents or profits derived from [such] that property by the owner thereof subsequent to the vesting of title in the petitioner , [),] and the court shall order the petitioner to deposit the amount of [such] the deficiency in court.
Sec. 2. NRS 340.170 is hereby amended to read as follows:
340.170 At any time [prior to] before the vesting of title to the property in the petitioner, the petitioner [, subject to the provisions of subsection 1 of NRS 342.320, if applicable,] may withdraw or dismiss its petition with respect to any or all of the property therein described.
Sec. 3. Chapter 342 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any department, agency, instrumentality or political subdivision of this state, or any other public or private entity, which is subject to the provisions of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U. S. C. §§ 4601-4655, and the regulations adopted pursuant thereto, and which undertakes any project that results in the acquisition of real property or in a person being displaced from his home, business or farm, shall provide relocation assistance and make relocation payments to each displaced person and perform such other acts and follow such procedures and practices as are necessary to comply with those federal requirements.
2. The director of the department of transportation shall review the federal act and all amendments and regulations adopted pursuant thereto and adopt such regulations as he finds are necessary to enable the State of Nevada to comply with those federal requirements.
Sec. 4. NRS 37.100 is hereby amended to read as follows:
37.100 1. [Subject to the provisions of NRS 342.250, if applicable, the] The plaintiff may move the court or a judge thereof [,] at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant [,] if he is a resident of the county [,] or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.
2. The court or [a judge thereof] judge shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned , [and of] the damages which will accrue from the condemnation [, and of] and the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
κ1989 Statutes of Nevada, Page 634 (CHAPTER 300, AB 623)κ
3. If the motion is granted, the court or judge [, except as otherwise provided by NRS 342.240, if applicable,] shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the [same] value and damages may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages [, in case] if the property is condemned, and to pay all damages arising from occupation before judgment [in case] if the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification.
4. In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of [such] that money to the defendant [shall] does not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited [shall] must be conditioned upon the waiver of all defenses except those relating to the amount of compensation.
5. The amount of the penal bond or the deposit [shall be] is for the purpose of the motion only and [shall not be] is not admissible in evidence on final hearing.
6. The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.
7. The provisions of this section requiring the execution and filing of a bond [shall] do apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada [, except as otherwise provided by NRS 342.240, if applicable,] is hereby pledged as security in lieu of the bond. The provisions of this subsection [shall not be construed to] do not prevent the State of Nevada from depositing, in lieu of a pledge of the public faith and credit, with the clerk of the court a sum equal to the value of the premises plus any damages as appraised by the state.
Sec. 5. NRS 37.170 is hereby amended to read as follows:
37.170 1. At any time after the entry of judgment, or pending an appeal by either party from the judgment to the supreme court, whenever the plaintiff [shall have] has paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property [shall not be] is not finally taken for public use, the plaintiff, if already in possession, may continue therein, and if not, the court shall, upon motion of the plaintiff, authorize the plaintiff [, subject to the provisions of NRS 342.250, if applicable,] to take possession of an use the property during the pendency of and until the final conclusion of the litigation, and shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof.
κ1989 Statutes of Nevada, Page 635 (CHAPTER 300, AB 623)κ
cause the property [shall not be] is not finally taken for public use, the plaintiff, if already in possession, may continue therein, and if not, the court shall, upon motion of the plaintiff, authorize the plaintiff [, subject to the provisions of NRS 342.250, if applicable,] to take possession of an use the property during the pendency of and until the final conclusion of the litigation, and shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof. The plaintiff [shall] must not be held to have abandoned or waived the right to appeal from the judgment by paying into court the amount of the judgment and such further sum as may be required by the court and taking possession of the property pursuant to this subsection.
2. The defendant, who is entitled to the money paid into court for him upon any judgment, [shall be] is entitled to demand and receive [the same] that money at any time [thereafter upon] after obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by [such] the defendant and notice to all parties, order and direct that the money so paid into court [for him] be delivered to [him] the defendant upon his filing a satisfaction of the judgment, or upon his filing a receipt [therefor,] for the money and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to [in the event that] if a new trial [shall be] is granted. A payment to a defendant [, as aforesaid,] pursuant to this subsection shall be [held] deemed to be an abandonment by [such] that defendant of all defenses interposed by him, excepting his claim for greater compensation.
3. If the amount of the compensation awarded upon final judgment exceeds the sum paid into the court, the court shall enter judgment against the plaintiff and in favor of the defendant for the amount of the excess [with interest thereon.] plus interest. If the amount of the compensation awarded upon final judgment is less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess [with interest thereon.] plus interest.
Sec. 6. NRS 37.180 is hereby amended to read as follows:
37.180 1. [Plaintiff] The plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment [,] by serving on defendants and filing in court a written notice of [such] abandonment. Upon [such] that abandonment, on motion of any party, a judgment [shall] must be entered dismissing the proceedings and awarding the defendants their costs and disbursements, which [shall] must include all necessary expenses incurred in preparing for trial [,] and reasonable attorney fees . [and those additional items set forth in subsection 1 of NRS 342.320, if applicable. These] Those costs and disbursements may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions [; but upon] , except that, upon a judgment of dismissal on motion of the plaintiff, any [or all defendants] defendant may file a cost bill within 30 days after notice of entry of [such] that judgment.
2. If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 or 37.170, the defendant is entitled to all damages arising from [such] that occupancy of the abandoned property.
κ1989 Statutes of Nevada, Page 636 (CHAPTER 300, AB 623)κ
Sec. 7. NRS 37.190 is hereby amended to read as follows:
37.190 [Except as otherwise provided by subsection 1 of NRS 342.320, if applicable, costs] Costs may be allowed or not, and if allowed may include a maximum of $350 for appraisal reports used at the trial and $150 for fees of expert witnesses who testify at the trial, and may be apportioned between the parties on the same or adverse sides, in the discretion of the court.
Sec. 8. NRS 268.759 is hereby amended to read as follows:
268.759 To carry out a community development program, a city may provide payments for:
1. Loss of rental income by housing owners where the loss results from temporarily holding real property used to relocate individuals and families displaced by the community development program.
2. The nonfederal share required in connection with a federal grant-in-aid program undertaken as part of the community development program.
3. Completion and financial settlement of a project funded under the federal Housing Act of 1949 (P.L. 81-171, July 15, 1949).
4. Relocation of an assistance to individuals, families, businesses, organizations and farm operations displaced as the result of activities conducted under the community development program, including benefits at least equal to the minimum levels established [under chapter 342 of NRS.] in regulations adopted by the director of the department of transportation pursuant to section 3 of this act.
Sec. 9. NRS 279.478 is hereby amended to read as follows:
279.478 1. An agency shall provide assistance for relocation and shall make all of the payments required [by chapter 342 of NRS] in regulations adopted by the director of the department of transportation pursuant to section 3 of this act for programs or projects for which federal financial assistance is received to pay all or part of the cost of that program or project.
2. This section does not limit any other authority which an agency may have to make other payments for assistance for relocation or to make any payment for [such] that assistance which exceeds the amount authorized [by chapter 342 of NRS.] in regulations adopted by the director of the department of transportation pursuant to section 3 of this act.
Sec. 10. NRS 342.010, 342.020, 342.030, 342.040, 342.050, 342.060, 342.070, 342.090, 342.100, 342.110, 342.120, 342.130, 342.140, 342.150, 342.160, 342.170, 342.180, 342.190, 342.200, 342.210, 342.220, 342.230, 342.240, 342.250, 342.260, 342.270, 342.280, 342.290, 342.300, 342.310, 342.320, 342.330, 342.340, 408.443, 408.447, 408.453, 408.457, 408.463, 408.467, 408.473 and 408.477 are hereby repealed.
Sec. 11. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 637κ
Assembly Bill No. 610Assemblymen Price, Myrna Williams, McGaughey, Kerns, Marvel, Banner, Adler, Nevin, Humke, Freeman, Evans, Porter, Gaston, Regan, Triggs, DuBois, Diamond, Wisdom, Spriggs, Garner, Spinello, Bogaert, Gibbons, Brookman, Bergevin, Lambert, Swain, Carpenter, Sheerin, Kissam, Sader, Wendell Williams, McGinness, Thompson, Schofield, Chowning, Fay, Jeffrey, Dini, Sedway and Callister
CHAPTER 301
AN ACT relating to legislative measures; requiring the disclosure of information concerning a bill draft requested by a legislator on the list of requested bill drafts; allowing a legislator to elect to have his name disclosed in connection with a request on the list; 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 218.2475 is hereby amended to read as follows:
218.2475 1. On July 1 preceding each regular session of the legislature, and each week thereafter until the adjournment of the legislature sine die, the legislative counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the legislative counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in subsection 3, the list must only contain the name of each requestor, the date and a brief summary of the request.
2. The legislative counsel bureau shall make copies of the list available to the public for a reasonable sum fixed by the legislative commission upon the recommendation of the director of the legislative counsel bureau.
3. In preparing the list, the legislative counsel shall not include [any information concerning a measure requested by a legislator until the] the name of the legislator who has requested the preparation of a measure until:
(a) The particular measure is introduced in the legislature [.] ; or
(b) The legislator requests that his name be disclosed as the requestor of the measure,
whichever occurs first.
________
κ1989 Statutes of Nevada, Page 638κ
Assembly Bill No. 602Committee on Government Affairs
CHAPTER 302
AN ACT relating to local improvements; removing the requirement that a certain percentage of tracts in a proposed special improvement district for improvements to streets contain permanent structures; 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 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.
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 state:
(a) The kind of project proposed.
(b) The estimated cost of the project, and the 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 of the hearing where the governing body will consider 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.
κ1989 Statutes of Nevada, Page 639 (CHAPTER 302, AB 602)κ
(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 examined at the office of the clerk.
(j) That unless there will be no substantial change, a substantial change in certain existing street elevations or grades will result from the project, 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 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.,] that is, 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:
(1) Except in case the municipality will pay one-half or more of the total cost of any project other than a park project 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, [deem] deems 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.
κ1989 Statutes of Nevada, Page 640 (CHAPTER 302, AB 602)κ
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. 2. This act becomes effective at 12:02 a.m. on October 1, 1989.
________
Assembly Bill No. 387Committee on Ways and Means
CHAPTER 303
AN ACT making an appropriation to the state public works board for the second phase of construction of the prison in Ely; 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. There is hereby appropriated from the state general fund to the state public works board the sum of $19,037,800 for the second phase of construction of the prison facility in Ely.
Sec. 2. The state public works board shall let a single contract for the second phase of construction of the prison facility in Ely. The contract for the construction is exempt from the provisions relating to bids in NRS 341.145 to 341.151, inclusive.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 641κ
Assembly Bill No. 322Committee on Ways and Means
CHAPTER 304
AN ACT relating to legislators; creating a commission to review their compensation; providing its duties; 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. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. There is hereby created a commission to review the compensation of legislators, consisting of seven members.
2. The governor shall appoint the members of the commission and designate one of the members to be the chairman. The commission may elect such other officers from its membership as it deems necessary.
3. The governor shall not appoint as a member:
(a) Any person currently holding the office of state legislator; or
(b) Any current officer or employee of a county, city or other political subdivision of the state.
Sec. 3. 1. The term of each member expires on June 30 of the fourth year following appointment. Members are eligible for reappointment.
2. Any member may be removed by the governor before the expiration of his term for misconduct in office, incompetence or neglect of duty.
3. If a vacancy occurs in the membership of the commission, the governor shall appoint a person to fill the vacancy for the remainder of the unexpired term.
Sec. 4. 1. Each member of the commission is entitled to receive $60 for each day during which he is in attendance at a regularly called meeting of the commission.
2. The chairman shall call meetings of the commission as often as he deems necessary.
3. The director of the legislative counsel bureau shall designate one of his employees to act as a nonvoting recording secretary for the commission.
Sec. 5. A majority of the members of the commission constitutes a quorum to transact business. The affirmative vote of four members is required to approve the recommendations of the commission regarding compensation.
Sec. 6. The commission shall:
1. Review the amounts paid as compensation to the members of the legislature.
2. Hold public hearings to discuss the issue and receive public comment.
3. On or before February 1 of each odd-numbered year, present to the legislature its findings and any recommendations regarding the compensation.
Sec. 7. Upon receipt of the findings and recommendations, if any, of the commission, the legislature shall consider them and take such action as the legislature deems appropriate.
κ1989 Statutes of Nevada, Page 642 (CHAPTER 304, AB 322)κ
legislature deems appropriate. In no case, however, may the legislature increase the compensation of its members during their present terms of office.
________
Assembly Bill No. 12--Assemblymen Spinello, Thompson, Myrna Williams, Evans, Humke and Sedway
CHAPTER 305
AN ACT relating to mental health; requiring the division of mental hygiene and mental retardation of the department of human resources to adopt regulations relating to the abuse and neglect of a client of the division; amending the definitions of abuse and neglect; 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. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
The division shall adopt regulations to:
1. Provide for a more detailed definition of abuse of a client of the division, consistent with the general definition given in NRS 433.554;
2. Provide for a more detailed definition of neglect of a client of the division, consistent with the general definition given in NRS 433.554; and
3. Establish policies and procedures for reporting the abuse or neglect of a client of the division.
Sec. 2. NRS 433.554 is hereby amended to read as follows:
433.554 1. Any employee of the division or other person who:
(a) Has reason to believe that a client of the division or of a private institution or facility offering mental health services has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a client,
is guilty of a misdemeanor.
2. Any employee of the division or other person who willfully abuses or neglects any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1989 Statutes of Nevada, Page 643 (CHAPTER 305, AB 12)κ
years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.
4. For the purposes of this section:
(a) Abuse means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the client;
(2) Striking the client;
(3) The use of excessive force when placing the client in physical restraints; and
(4) The use of physical or chemical restraints in violation of state or federal law.
Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.
(b) Client includes any person who seeks, on his own or others initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.
(c) Neglect means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:
(1) Establish or carry out an appropriate plan of treatment for the client;
(2) Provide the client with adequate nutrition, clothing or health care; and
(3) Provide a safe environment for the client.
Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.
(d) Standard practice is the skill and care ordinarily exercised by prudent medical personnel.
________
κ1989 Statutes of Nevada, Page 644κ
Assembly Bill No. 440Assemblyman Callister
CHAPTER 306
AN ACT relating to property; requiring a trustee or other person authorized by a deed of trust to record a notice of default or exercise a power of sale to give notice of default and sale to any person with a subordinate interest of record in the property; clarifying that the homestead exemption applies to the value of equity in the property; eliminating the requirement of publication of notice of certain matters concerning the summary administration of estates; allowing an estate of a certain value to be set aside when there is no surviving spouse or minor children of the deceased; 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 107.090 is hereby amended to read as follows:
107.090 1. As used in this section, [a] person with an interest means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in the deed of trust and as evidenced by any document or instrument filed or recorded in the office of the county recorder of the county in which any part of the real property is situated.
2. A person with an interest desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time [subsequent to] after recordation of [such] the deed of trust file in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of [such] the notice of default or sale.
[3.] The request [shall] must state the name and address of the person requesting copies of [such] the notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation and the book and page where it is recorded.
[4.] 3. The trustee or person authorized to record the notice of default shall, within 10 days [of recordation of such notice,] after the notice of default is recorded, cause to be deposited in the United States mail an envelope, registered or certified and with postage prepaid, containing a copy of [such] the notice, addressed to [each] :
(a) Each person who has filed a request for a copy of [such notice.
5.] the notice; and
(b) Each other person with an interest whose interest or claimed interest is subordinate to the deed of trust.
4. The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered or certified and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person [who has filed a request for a copy of such notice.
6.] described in subsection 3.
5. No request [for a copy of any notice filed under] filed pursuant to the provisions of [this section shall affect] subsection 2 affects the title to real property.
κ1989 Statutes of Nevada, Page 645 (CHAPTER 306, AB 440)κ
Sec. 2. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) One vehicle if the judgment debtors equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraph (n), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any sale or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000.
κ1989 Statutes of Nevada, Page 646 (CHAPTER 306, AB 440)κ
exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, [not exceeding] where the amount of equity held by the judgment debtor in the home does not exceed $95,000 in value [, where] and the dwelling is situate upon lands not owned by him.
(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
2. No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 3. Chapter 115 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires:
1. Equity means the amount that is determined by subtracting from the fair market value of the property, the value of any liens excepted from the homestead exemption pursuant to subsection 3 of NRS 115.010.
2. Homestead means the property consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, to be selected by the husband and wife, or either of them, or a single person claiming the homestead.
Sec. 4. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead [, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding $95,000 in value, to be selected by the husband and wife, or either of them, or a single person claiming the homestead,] is not subject to forced sale on execution [,] or any final process from any court, except as provided by [subsection 2.] subsections 2 and 3.
2. The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $95,000 in value.
3. The exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the [premises,] property, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
κ1989 Statutes of Nevada, Page 647 (CHAPTER 306, AB 440)κ
of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
[3.] 4. Any declaration of homestead which has been filed before July 1, 1989, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the [value of] amount of equity held by the claimant in the property selected and claimed for the exemption up to the [value] amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 1989.
Sec. 5. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes oath before the judge of the district court of the county in which the [premises are] property is situated, that the [cash value of the premises] amount of equity held by the claimant in the property exceeds, to the best of the creditors information and belief, the sum of $95,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the [value of the premises,] amount of equity held by the claimant in the property, and if the [value] amount of equity exceeds the sum of $95,000, determine whether the [premises] property can be divided so as to leave the [premises amounting] property subject to the homestead exemption without material injury.
2. If it appears, upon the report, to the satisfaction of the judge that the [premises] property can be thus divided, he shall order the excess to be sold under execution. If it appears that the [premises] property cannot be thus divided, and the [value thereof] amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire [premises] property to be sold, and out of the proceeds the sum of $95,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under $95,000 may be received by the officer making the sale.
3. When the execution is against a husband or wife, the judge may direct the $95,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead . [premises.]
Sec. 6. NRS 145.030 is hereby amended to read as follows:
145.030 Notice of a petition for the probate of a will and the issuance of letters testamentary or for letters of administration [,] must be given as provided in NRS 155.010, and the notice to creditors must be given as provided in NRS 155.020.
Sec. 7. NRS 146.070 is hereby amended to read as follows:
146.070 1. When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed $25,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse.
κ1989 Statutes of Nevada, Page 648 (CHAPTER 306, AB 440)κ
children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, [according to the subserviency of] if it is in their best interests.
2. When there is no surviving spouse or minor child of the deceased and the gross value of a decedents estate, after deducting any encumbrances, does not exceed $25,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, and creditors, if there are any; and
Second: Any balance remaining to the claimant or claimants entitled thereto.
3. All proceedings taken under this section, whether or not the decedent left a will, must be originated by a verified petition containing:
(a) A specific description of all of the decedents property.
(b) A list of all the liens, encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names, ages and residences of the decedents heirs, devisees and legatees.
The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed $25,000, the estate be set aside as provided in this section.
4. The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs, devisees and legatees. The notice must include a statement that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.
5. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $1,000 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $25,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 8. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 649κ
Assembly Bill No. 275Assemblymen Wisdom, Garner, Sheerin, Freeman, Fay, Brookman, Gaston, Nevin, Regan, Carpenter, Kissam, Lambert, Bogaert, Dini, Sedway, Wendell Williams, Porter, Callister, Kerns, Gibbons, Price, Adler, Myrna Williams, Evans, Swain, McGaughey, Humke, McGinness, Arberry, Sader and Diamond
CHAPTER 307
AN ACT relating to deceptive trade practices; providing that making certain unsubstantiated statements in an advertisement constitutes a deceptive trade practice; and providing other matters properly relating thereto.
[Approved June 12, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a person engages in a deceptive trade practice when in the course of his business or occupation he:
(a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or
(b) Fails upon request of the commissioner to produce within 6 working days the substantiating evidence in his possession at the time the assertion of scientific, clinical or quantifiable fact was made.
2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.
Sec. 2. NRS 598.360 is hereby amended to read as follows:
598.360 As used in NRS 598.360 to 598.640, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.370 to 598.480, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 598.490 is hereby amended to read as follows:
598.490 1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
2. The deceptive trade practices listed in NRS 598.410 to 598.413, inclusive, and section 1 of this act, are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this state.
Sec. 4. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by NRS 482.351; or
κ1989 Statutes of Nevada, Page 650 (CHAPTER 307, AB 275)κ
(c) A deceptive trade practice as defined in NRS 598.410 to 598.413, inclusive [.] , and section 1 of this act.
3. If the claimant is the prevailing party, the court shall award any damages that he has sustained.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
Sec. 5. NRS 119A.710 is hereby amended to read as follows:
119A.710 It is unlawful to engage in unfair methods of competition or deceptive or unfair acts in the offer to sell or sale of a time share including, without limitation:
1. Misrepresenting or failing to disclose any material fact concerning a time share.
2. Including in an agreement for the purchase of a time-share provisions purporting to waive any right or benefit provided for purchasers under this chapter.
3. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser has received a statement of public offering.
4. Misrepresenting the amount of time or period of time the unit will be available to a purchaser.
5. Misrepresenting the location or locations of the unit.
6. Misrepresenting the size, nature, extent, qualities or characteristics of the unit.
7. Misrepresenting the nature or extent of any services incident to the unit.
8. Misrepresenting the conditions under which a purchaser may exchange occupancy rights to a unit in one location for occupancy rights to a unit in another location.
9. Failing to disclose initially that any promised entertainment, food or other inducements are being offered to solicit the sale of a time share.
10. Conducting or participating in, without prior approval by the division, any type of lottery or contest, or offering prizes or gifts to induce or encourage a person to visit a time-share project, attend a meeting at which a time share will be discussed, attend a presentation or purchase a time share.
11. Any act or practice considered an unfair method of competition or an unfair or deceptive act or practice under NRS 207.170, 207.171, 598.410 to 598.413, inclusive, section 1 of this act or chapter 598A or 599A of NRS.
Sec. 6. NRS 119B.430 is hereby amended to read as follows:
119B.430 It is unlawful to engage in unfair methods of competition or deceptive or unfair practices in the offer to sell or sale of a membership. These practices include, without limitation:
1. Misrepresenting or failing to disclose any material fact concerning a campground or membership.
2. Including in any agreement for purchase of a membership provisions purporting to waive any right or benefit provided for purchasers under this chapter.
3. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser receives the information required by NRS 119B.270.
κ1989 Statutes of Nevada, Page 651 (CHAPTER 307, AB 275)κ
4. Misrepresenting the amount of time or the date a camping site will be available to a purchaser.
5. Misrepresenting the location of the campground.
6. Misrepresenting the size, nature, extent, qualities or characteristics of the campground.
7. Misrepresenting the nature or extent of any services incident to the membership.
8. Misrepresenting the conditions under which a purchaser may exchange occupancy rights in a campground in one location for occupancy rights in a campground at another location.
9. Failing to disclose initially that any promised entertainment, food or other inducements are being offered to solicit the sale of a membership.
10. Conducting or participating in, without prior approval by the division, any type of lottery or contest, or offering prizes or gifts to induce or encourage a person to visit a campground, attend a meeting at which a membership will be discussed, attend a presentation, or purchase a membership.
11. Any act or practice considered an unfair method of competition or an unfair or deceptive act or practice under NRS 207.170, 207.171, 598.410 to 598.413, inclusive, section 1 of this act or chapter 598A or 599A of NRS.
12. Making any false promises of a character likely to influence, persuade or induce.
13. Engaging in any fraudulent, misleading or oppressive techniques or tactics of selling.
Sec. 7. NRS 489.401 is hereby amended to read as follows:
489.401 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. The intentional publication, circulation or display of any advertising which constitutes a deceptive trade practice as that term is defined in NRS 598.410 to 598.413, inclusive [.] , and section 1 of this act.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
4. Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
5. Representing to any lender, guaranteeing agency or other interested party, either orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
(b) A false amount as the down payment, earnest money deposit or other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
6. Inducing an applicant to falsify his credit application.
κ1989 Statutes of Nevada, Page 652 (CHAPTER 307, AB 275)κ
Sec. 8. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 147Assemblymen Thompson, Dini, Nevin and Bergevin
CHAPTER 308
AN ACT relating to firearms; reserving the power to regulate firearms to the state; providing certain exceptions; and providing other matters properly relating thereto.
[Approved June 13, 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. Except as otherwise provided by specific statute, the legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county may infringe upon those rights and powers.
2. A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.
3. As used in this section, firearm means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by specific statute, the legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers.
2. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.
3. As used in this section, firearm means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.
Sec. 3. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by specific statute, the legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no town may infringe upon those rights and powers.
2. A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.
κ1989 Statutes of Nevada, Page 653 (CHAPTER 308, AB 147)κ
3. As used in this section, firearm means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.
Sec. 4. This act shall become effective upon passage and approval.
Sec. 5. The provisions of this act apply only to ordinances or regulations adopted on or after the effective date of this act.
________
Assembly Bill No. 344Assemblymen Gibbons, Callister, DuBois, Kissam, Chowning, Myrna Williams, Gaston, Wendell Williams, Price, Garner, Regan, Carpenter, McGinness, Bogaert and Brookman
CHAPTER 309
AN ACT relating to dangerous weapons; prohibiting a person from possessing or using a machine gun unless permitted to do so pursuant to federal law; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or dangerous knife;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) [Any knife] Knife which is made an integral part of a belt buckle.
2. It is unlawful for any person to [carry] possess or use a [nunchaku] :
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another [.] ; or
(b) Machine gun or a silencer.
3. Except as provided in NRS 202.275 and 212.185, any person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
4. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit, except that no permit may be granted to any person to carry a switchblade knife.
κ1989 Statutes of Nevada, Page 654 (CHAPTER 309, AB 344)κ
is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit, except that no permit may be granted to any person to carry a switchblade knife.
5. [For the purposes of] As used in this section:
(a) Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(b) Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
[(b)] (c) Silencer means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(d) Switchblade knife means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
[(c)] (e) Trefoil means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 2. NRS 202.365 is hereby amended to read as follows:
202.365 1. NRS 202.350 and 202.360 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.
2. The exemption provided by subsection 1 does not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
3. The provisions of paragraph (b) of subsection 2 of NRS 202.350 do not apply to any person who is licensed, authorized or permitted to do so pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
4. As used in this section honorably retired means retired in Nevada after completion of 10 years of creditable service as a member of the public employees retirement system. A former peace officer is not honorably retired if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
________
κ1989 Statutes of Nevada, Page 655κ
Senate Bill No. 304Committee on Judiciary
CHAPTER 310
AN ACT relating to residential confinement; providing that a person employed to monitor persons sentenced to terms of residential confinement does not have to be a licensed private investigator; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any person employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists.
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the commissioner of financial institutions, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
10. To any bank organized under the laws of this state or to any national bank engaged in banking in this state.
11. To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 656κ
Assembly Bill No. 346Assemblyman Gaston (by request)
CHAPTER 311
AN ACT relating to weapons; prohibiting persons from carrying or possessing certain weapons on the property of a school; providing certain exceptions; providing a penalty; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a person shall not carry or possess, while on the property of the University of Nevada System or a private or public school, or in a vehicle of a private or public school:
(a) An explosive or incendiary device;
(b) A dirk, dagger or switchblade knife;
(c) A nunchaku or trefoil;
(d) A blackjack or billy club or metal knuckles; or
(e) A pistol, revolver or other firearm.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of a private or public school by a:
(a) Peace officer;
(b) School security guard; or
(c) Person having written permission from the president of the university or community college or the principal of the school to carry or possess the weapon.
4. For the purposes of this section:
(a) Explosive or incendiary device has the meaning ascribed to it in NRS 202.260.
(b) Firearm has the meaning ascribed to it in NRS 202.253.
(c) Nunchaku has the meaning ascribed to it in NRS 202.350.
(d) Switchblade knife has the meaning ascribed to it in NRS 202.350.
(e) Trefoil has the meaning ascribed to it in NRS 202.350.
(f) Vehicle has the meaning ascribed to it in NRS 484.148.
Sec. 2. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, grand larceny or pandering or of a violation of section 1 of this act or NRS 465.070 to 465.085, inclusive, is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, are subject to forfeiture except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;
κ1989 Statutes of Nevada, Page 657 (CHAPTER 311, AB 346)κ
unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge or nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
Sec. 3. NRS 386.360 is hereby amended to read as follows:
386.360 1. Each board of trustees [shall have the power to] may prescribe and enforce rules, not inconsistent with law or rules prescribed by the state board of education, for its own government and the government of public schools under its charge.
2. Each board of trustees shall prescribe rules for the granting of permission to carry or possess a weapon pursuant to section 1 of this act.
Sec. 4. NRS 396.110 is hereby amended to read as follows:
396.110 1. The board of regents [shall have the power to] may prescribe rules for:
[1.] (a) Its own government; and
[2.] (b) The government of the university.
2. The board of regents shall prescribe rules for the granting of permission to carry or possess a weapon pursuant to section 1 of this act.
________
Senate Bill No. 246Committee on Commerce and Labor
CHAPTER 312
AN ACT relating to public utilities; authorizing a public utility to record and disclose the content of telephone calls concerning emergencies and service outages; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A public utility may record any telephone call;
(a) Concerning an emergency; or
(b) Relating to a service outage, if the telephone call is received on a line specified for such telephone calls, the number of which is published in an appropriate telephone directory.
κ1989 Statutes of Nevada, Page 658 (CHAPTER 312, SB 246)κ
if the telephone call is received on a line specified for such telephone calls, the number of which is published in an appropriate telephone directory. The publication must contain a notice to callers that a telephone call received on that line concerning an emergency or relating to a service outage is subject to recording.
2. A telephone call made pursuant to subsection 1 is not a private conversation and the existence, content, substance, purport, effort or meaning of the conversation recorded may be disclosed by any person.
3. As used in this section, record means the acquisition of the contents of a wire communication through the use of a recording device.
Sec. 2. NRS 707.340 is hereby amended to read as follows:
707.340 1. Every public utility furnishing telephone service in this state shall provide any lawful assistance requested by [any] a sheriff or his deputy, or chief of police or policeman, in tracing [any] a person who uses obscene language, representations or suggestions in addressing [any] a person by telephone, or addresses to [such] the person any threat to inflict injury to the person or property of the person addressed, when [such] the request is made in writing to [such] the public utility.
2. Good faith reliance by the public utility on such a request [shall constitute] constitutes a complete defense to any civil or criminal suit against the public utility on account of assistance rendered by [such] the utility in responding to [such] the request.
3. The provisions of subsection 1 [shall not be construed to] do not permit wiretapping, which may be engaged in only pursuant to the provisions of NRS 179.410 to 179.515, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 179.410 to 179.515, inclusive, do not prohibit the recording of any telephone call by a public utility pursuant to section 1 of this act.
Sec. 4. NRS 179.410 is hereby amended to read as follows:
179.410 As used in NRS 179.410 to 179.515, inclusive, and section 3 of this act, except where the context otherwise requires, the words and terms defined in NRS 179.415 to 179.455, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 5. NRS 179.465 is hereby amended to read as follows:
179.465 1. Any investigative or law enforcement officer who, by any means authorized by NRS 179.410 to 179.515, inclusive, [or] 18 U.S.C. §§ 2510 to 2520, inclusive, or section 1 of this act, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose [such] the contents to another investigative or law enforcement officer or use [such] the contents to the extent that [such] the disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
2. Any person who has received, by any means authorized by NRS 179.410 to 179.515, inclusive, [or] 18 U.S.C. §§ 2510 to 2520, inclusive, or section 1 of this act, or by a statute of [any other] another state, any information concerning a wire or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, and section 3 of this act, may disclose the contents of that communication or [such] the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court or before any grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.
κ1989 Statutes of Nevada, Page 659 (CHAPTER 312, SB 246)κ
179.515, inclusive, and section 3 of this act, may disclose the contents of that communication or [such] the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court or before any grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.
3. An otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, does not lose its privileged character.
4. When an investigative or law enforcement officer engaged in intercepting wire or oral communications as authorized by NRS 179.410 to 179.515, inclusive, intercepts wire or oral communications relating to offenses other than those specified in the order provided for in NRS 179.460, the contents of [such] the communications and the evidence derived therefrom may be disclosed or used as provided in subsection 1. The direct evidence derived from [such] the communications is inadmissible in a criminal proceeding, but any other evidence obtained as a result of knowledge obtained from [such] the communications may be disclosed or used as provided in subsection 2 when authorized or approved by a justice of the supreme court or district judge who finds upon application made as soon as practicable that the contents of [such] the communications were intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive.
Sec. 6. NRS 200.620 is hereby amended to read as follows:
200.620 1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 209.419, and section 1 of this act, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:
(a) The interception or attempted interception is made with the prior consent of one of the parties to the communication; and
(b) An emergency situation exists and it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, before the interception, in which event the interception is subject to the requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:
(1) The communication was intercepted; and
(2) Upon application to the court, ratification of the interception was denied.
2. This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for [such] wire communication where the interception or attempted interception is to construct, maintain, conduct or operate the service or facilities of that person.
3. Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the supreme court or district judge for ratification of the interception. The interception must not be ratified unless the applicant shows that:
κ1989 Statutes of Nevada, Page 660 (CHAPTER 312, SB 246)κ
(a) An emergency situation existed and it was impractical to obtain a court order before the interception; and
(b) Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.
4. NRS 200.610 to 200.690, inclusive, do no prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on wire communications installed in the office of an official law enforcement or fire-fighting agency, or a public utility, if the equipment used for the recording is installed in a facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person for response by the law enforcement or fire-fighting agency or public utility are likely to be received. In addition, those sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or fire-fighting agency or public utility from such a facility or telephone in connection with responding to the original call or request, if the agency or public utility informs the other party that the conversation is being recorded.
Sec. 7. NRS 200.630 is hereby amended to read as follows:
200.630 1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, [no] and section 1 of this act, a person shall not disclose the existence, [contents,] content, substance, purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver.
2. This section [shall] does not apply to any person, or the officers, employees or agents of any person, engaged in furnishing service or facilities for [such] wire or radio communication where [such] the disclosure is made:
(a) For the purpose of construction, maintenance, conduct or operation of the service or facilities of such a person;
(b) To the intended receiver, his agent or attorney;
(c) In response to a subpena issued by a court of competent jurisdiction; or
(d) On written demand of other lawful authority.
Sec. 8. NRS 200.650 is hereby amended to read as follows:
200.650 Except as otherwise provided in NRS 179.410 to 179.515, inclusive, [no] and section 1 of this act, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by [such] the other persons, or disclose the existence, [contents,] content, substance, purport, effect or meaning of any [such] conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.
________
κ1989 Statutes of Nevada, Page 661κ
Senate Bill No. 236Committee on Judiciary
CHAPTER 313
AN ACT relating to controlled substances; clarifying the definition of marihuana for the purposes of provisions prohibiting trafficking in controlled substances; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.339 is hereby amended to read as follows:
453.339 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, any person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of marihuana shall be punished, if the quantity involved:
[1.] (a) Is 100 pounds or more, but less than 2,000 pounds, by imprisonment in the state prison for not less than 3 years nor more than 20 years and by a fine of not less than $25,000.
[2.] (b) Is 2,000 pounds or more, but less than 10,000 pounds, by imprisonment in the state prison for not less than 5 years nor more than 20 years and by a fine of not less than $50,000.
[3.] (c) Is 10,000 pounds or more, by imprisonment in the state prison for life or for a definite term of not less than 15 years and by a fine of not less than $200,000.
2. For the purposes of this section:
(a) Marihuana means all parts of any plant of the genus Cannabis, whether growing or not.
(b) The weight of marihuana is its weight when seized or as soon as practicable thereafter.
________
κ1989 Statutes of Nevada, Page 662κ
Senate Bill No. 164Committee on Finance
CHAPTER 314
AN ACT relating to private education; requiring a person or educational institution claiming an exemption from the provisions of the Private Elementary and Secondary Education Authorization Act to file that exemption with the state board of education; increasing certain fees collected by the superintendent of public instruction; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 394.211 is hereby amended to read as follows:
394.211 1. The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:
[1.] (a) Institutions exclusively offering instruction at any level of post-secondary education.
[2.] (b) Institutions maintained by the state or any of its political subdivisions and supported by public funds.
[3.] (c) Institutions exclusively offering religious or sectarian studies.
[4.] (d) Institutions licensed by the commission.
[5.] (e) Institutions operated by or under the direct administrative supervision of the Federal Government.
[6.] (f) Natural persons who instruct pupils in their homes or in the pupils own homes, if this is not the only instruction those pupils receive.
[7.] (g) Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, [which] if the instruction is not operated for profit.
[8.] (h) Institutions offering instruction solely in avocational and recreational areas.
[9.] (i) Institutions or school systems in operation before July 1, 1975, as to courses of study approved by the board pursuant to NRS 394.130; but those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after that date. The official literature of an institution or school system describing the nature and purpose of the institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.
2. Each person or educational institution claiming an exemption pursuant to the provisions of subsection 1 must file with the board the exemption upon forms provided by the department or in a letter containing the required information and signed by the person claiming the exemption or the person in charge of the educational institution claiming the exemption. The exemption expires 2 years after the last day of the calendar month in which the filing is made. The filing of a renewal of the exemption must be made not less than 60 days before the exemption expires.
κ1989 Statutes of Nevada, Page 663 (CHAPTER 314, SB 164)κ
Sec. 2. NRS 394.331 is hereby amended to read as follows:
394.331 All fees collected pursuant to the provisions of the Private Elementary and Secondary Education Authorization Act [shall] must be deposited in the state treasury to the credit of the general fund, and no fees so collected are subject to refund. The fees to be collected by the superintendent [,] must accompany an application for a license to operate or for renewal of the license, an application for an agents permit [,] or for renewal of the permit, or a filing for an exemption or for renewal of the exemption, in accordance with the following schedule:
1. The [initial] application fee for an elementary or secondary educational institution is [$50.] $300.
2. The renewal fee for an elementary or secondary educational institution is [$50.] $250.
3. The [initial] application fee for a new license by reason of a change of ownership is $250.
4. The fee for an agents permit or for renewal of the permit is [$5.
4. The renewal fee for an agents permit is $5.] $50.
Sec. 3. Any person or educational institution claiming an exemption pursuant to NRS 394.211 on or before July 1, 1989, shall, on or before October 1, 1989, file with the board the exemption in accordance with NRS 394.211, as amended by section 1 of this act.
Sec. 4. This act becomes effective on July 1, 1989.
________
Senate Bill No. 51Senator ODonnell
CHAPTER 315
AN ACT relating to medicine; requiring the filing of a written complaint with the board of medical examiners to institute a disciplinary action against a physicians assistant; authorizing the board to provide a physician or physicians assistant certain information when a complaint filed against him is found to be false; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To institute a disciplinary action against a physicians assistant, a written complaint, specifying the charges, must be filed with the board by:
(a) The board;
(b) Any member of the board; or
(c) Any other person who is aware of any act or circumstance constituting a ground for disciplinary action set forth in the regulations adopted by the board.
2. Before taking any formal action on a complaint filed against a physicians assistant by his supervising physician or by an osteopathic physician supervising the physicians assistant pursuant to NRS 630.274, the board shall provide the physicians assistant with a copy of the complaint.
κ1989 Statutes of Nevada, Page 664 (CHAPTER 315, SB 51)κ
supervising the physicians assistant pursuant to NRS 630.274, the board shall provide the physicians assistant with a copy of the complaint.
3. If, pursuant to disciplinary procedures set forth in the regulations adopted by the board, the board finds that the charges in the complaint against the physicians assistant are false, the board may provide the physicians assistant with a copy of the complaint, including the name of the person, if any, who filed the complaint.
Sec. 2. NRS 630.336 is hereby amended to read as follows:
630.336 1. Any proceeding of a committee of the board investigating complaints is not subject to the requirements of NRS 241.020, unless the licensee under investigation requests that the proceeding be subject to those requirements. Any deliberations conducted or vote taken by:
(a) The board or panel regarding its decision; or
(b) The board or any investigative committee of the board regarding its ordering of a physician to undergo a physical or mental examination or any other examination designated to assist the board or committee in determining the fitness of a physician,
are not subject to the requirements of NRS 241.020.
2. Except as otherwise provided in subsection 3, all applications for a license to practice medicine, any charges filed by the board, financial records of the board, formal hearings on any charges heard by the board or a panel selected by the board, records of such hearings and any order or decision of the board or panel must be open to the public.
3. [The] Except as otherwise provided in NRS 630.352 and section 1 of this act, the following may be kept confidential:
(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;
(b) All investigations and records of investigations;
(c) Any report concerning the fitness of any person to receive or hold a license to practice medicine;
(d) Any communication between:
(1) The board and any of its committees or panels; and
(2) The board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the board; and
(e) Any other information or records in the possession of the board.
4. This section does not prevent or prohibit the board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency. Such cooperation may include providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.
Sec. 3. NRS 630.352 is hereby amended to read as follows:
630.352 1. Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from clear and convincing evidence, that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.
κ1989 Statutes of Nevada, Page 665 (CHAPTER 315, SB 51)κ
physician charged an order, in writing, containing its findings and any sanctions.
2. If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed.
[2.] If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint, including the name of the person, if any, who filed the complaint.
3. If the board finds that a violation has occurred, it may by order:
(a) Place the person on probation for a specified period on any of the conditions specified in the order;
(b) Administer to him a public reprimand;
(c) Limit his practice or exclude one or more specified branches of medicine from his practice;
(d) Suspend his license for a specified period or until further order of the board;
(e) Revoke his license to practice medicine;
(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;
(g) Require supervision of his practice;
(h) Impose a fine not to exceed $5,000;
(i) Require him to perform public service without compensation;
(j) Require him to take a physical or mental examination or an examination testing his competence; and
(k) Require him to fulfill certain training or educational requirements.
________
Assembly Bill No. 745Committee on Judiciary
CHAPTER 316
AN ACT relating to court fees; exempting school districts and their officers from the payment of court fees; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.035 is hereby amended to read as follows:
19.035 [The] Notwithstanding any other provision of this chapter, a county clerk [of each county] shall neither charge nor collect any fee for any service rendered by him to:
1. The State of Nevada;
2. The county of which he is county clerk;
3. Any city of town within [such] that county;
4. The school district of that county;
κ1989 Statutes of Nevada, Page 666 (CHAPTER 316, AB 745)κ
5. Any general improvement district which is located within [such] that county; or
[5.] 6. Any officer of the state, [such] that county or any such city, town , school district or general improvement district in [such] the officers official capacity.
________
Assembly Bill No. 732Committee on Judiciary
CHAPTER 317
AN ACT relating to gaming; amending the definition of gaming employee to include accounting and internal auditing personnel; clarifying a limitation upon the definition; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0157 is hereby amended to read as follows:
463.0157 Gaming employee means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports book, sports pool or pari-mutuel wagering, including:
1. Boxmen;
2. Cashiers;
3. Change personnel;
4. Counting room personnel;
5. Dealers;
6. Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;
7. Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
8. Floormen;
9. Hosts or other persons empowered to extend credit or complimentary services;
10. Keno runners;
11. Keno writers;
12. Machine mechanics;
13. Odds makers and line setters;
14. Security personnel;
15. Shift or pit bosses;
16. Shills;
17. Supervisors or managers;
18. Ticket writers; [and]
19. Employees of a person required by NRS. 463.430 to be licensed to disseminate information concerning racing [.] ; and
κ1989 Statutes of Nevada, Page 667 (CHAPTER 317, AB 732)κ
20. Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.
________
Assembly Bill No. 650Committee on Transportation
CHAPTER 318
AN ACT relating to the control of traffic; requiring a person or governmental agency sponsoring an event that creates traffic congestion to provide for the control of traffic; authorizing the chief of the Nevada highway patrol to contract for services rendered in controlling traffic; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the chief of the Nevada highway patrol may enter into a contract with any person or governmental agency to provide services for the control of vehicular traffic related to or affected by any special event sponsored by the person or agency.
2. Any such contract:
(a) Must require the sponsor of the special event to reimburse the Nevada highway patrol for the cost of the services provided.
(b) May require the sponsor to furnish a bond to ensure that reimbursement is made.
(c) Is subject to the following limitations:
(1) The services provided pursuant to the contract must be provided by personnel of the Nevada highway patrol.
(2) The services required must not impair the ability of the Nevada highway patrol to perform its customary duties.
3. Any money received by the Nevada highway patrol pursuant to such a contract must be deposited with the state treasurer for credit to the motor vehicle fund or the highway patrol special fund, as appropriate for the services provided.
4. As used in this section, special event has the meaning ascribed to it in section 2 of this act.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person or governmental agency sponsoring a special event shall ensure that adequate provision is made for the control of vehicular traffic related to or affected by the event.
2. As used in this section, special event means any scheduled activity or event:
κ1989 Statutes of Nevada, Page 668 (CHAPTER 318, AB 650)κ
(a) That is attended or observed by more than 500 persons; or
(b) That substantially increases or disrupts the normal flow of traffic on any street or highway.
________
Assembly Bill No. 572Assemblymen Spriggs, Gaston, Regan, Price, Lambert, Bergevin, Nevin, Triggs and Sheerin
CHAPTER 319
AN ACT relating to property taxes; changing the circumstances under which a county assessor is required to reduce the taxable value of property; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.227 is hereby amended to read as follows:
361.227 1. Any person determining the taxable value of real property shall appraise:
(a) The full cash value of:
(1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.
(2) Improved land consistently with the use to which the improvements are being put.
(b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence.
2. The unit of appraisal must be a single parcel unless:
(a) The location of the improvements causes two or more parcels to function as a single parcel; or
(b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada tax commission.
3. The taxable value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be determined:
(a) By subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or
(b) By capitalizing the fair economic income expectancy.
4. The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence.
5. The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds full cash value or whether obsolescence is a factor in valuation may consider:
κ1989 Statutes of Nevada, Page 669 (CHAPTER 319, AB 572)κ
(a) Comparative sales, based on prices actually paid in market transactions.
(b) A summation of the estimated full cash value of the land and contributory value of the improvements.
(c) Capitalization of the fair economic income expectancy or fair economic rent.
A county assessor is required to make the reduction prescribed in this subsection [only] if the owner calls to his attention the facts warranting it, [but may make it] if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.
6. The Nevada tax commission shall by regulation establish:
(a) Standards for determining the cost of replacement of improvements of various kinds.
(b) Schedules of depreciation for personal property based on its estimated life. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.
(c) Criteria for the valuation of two or more parcels as a subdivision.
7. The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.
8. The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 552Committee on Judiciary
CHAPTER 320
AN ACT relating to domestic relations; requiring that an order for the support of a child provide, except under certain circumstances, for the withholding or assignment of the wages and commissions of the responsible parent; revising the procedure for withholding; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.450 is hereby amended to read as follows:
125.450 1. No court may grant a divorce, separate maintenance or annulment [under] pursuant to this chapter, if there are one or more minor children residing in this state who are the issue of the relationship, without first providing for the medical and other care, support, education and maintenance of those children [.] as required by chapter 125B of NRS.
2. Every order for the support of a child issued or modified after January 1, 1990, must include [notice to the parent responsible for paying support that he is subject to NRS 31A.020 to 31A.240, inclusive, regarding] an order directing the withholding or assignment of wages and commissions for [delinquent payments of support.]
κ1989 Statutes of Nevada, Page 670 (CHAPTER 320, AB 552)κ
directing the withholding or assignment of wages and commissions for [delinquent payments of support.] the payment of the support unless one of the parties demonstrates and the court finds good cause for the postponement of the withholding or assignment or all parties otherwise agree in writing. Such an order for withholding or assignment must be carried out in the manner provided in chapter 31A of NRS for the withholding or assignment of wages and commissions.
Sec. 1.5 NRS 125B.150 is hereby amended to read as follows:
125B.150 1. The district attorney of the county of residence of the child or a nonsupporting parent shall take such action as is necessary to establish parentage of the child and locate and take legal action against a deserting or nonsupporting parent of the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county, and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and the obligation of support and to enforce the payment of support pursuant to this chapter or chapter 31A, 126 or 130 of NRS.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, the district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
3. The district attorney and his deputies do not represent the parent or the child in the performance of their duties pursuant to this chapter and chapter 126 of NRS, but are rendering a public service as representatives of the state.
4. Except as otherwise provided in subsections 5 and 6, a privilege between lawyer and client arises between the parent or child to whom the public service is rendered and the district attorney.
5. Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the privilege between lawyer and client under these circumstances.
6. Disclosures of criminal activity by a parent or child are not privileged.
7. The district attorney shall inform each parent who applies for his assistance in this regard that a procedure is available to collect unpaid support from any refund owed to the deserting or nonsupporting parent because an excessive amount of money was withheld to pay his federal income tax. The district attorney shall submit to the welfare division all documents and information it requires to pursue such a collection if:
(a) The applicant is not receiving public assistance.
(b) The district attorney has in his records:
(1) A copy of the order of support for a child and any modifications of the order which specify their date of issuance and the amount of the ordered support;
κ1989 Statutes of Nevada, Page 671 (CHAPTER 320, AB 552)κ
(2) A copy of a record of payments received or, if no such record is available, an affidavit signed by the custodial parent attesting to the amount of support owed; and
(3) The current address of the custodial parent.
(c) From the records in his possession, the district attorney has reason to believe that the amount of unpaid support is not less than $500.
Before submitting the documents and information to the welfare division, the district attorney shall verify the accuracy of the documents submitted relating to the amount claimed as unpaid support and the name and social security number of the deserting or nonsupporting parent. If the district attorney has verified this information previously he need not reverify it before submitting it to the welfare division.
8. The welfare division shall adopt such regulations as are necessary to carry out the provisions of subsection 7.
Sec. 2. NRS 126.161 is hereby amended to read as follows:
126.161 1. The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.
2. If the judgment or order of the court is at variance with the childs birth certificate, the court shall order that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.
3. If the child is a minor , [residing in this state,] the judgment or order must provide for his support as required by chapter 125B of NRS and must include [a notice to the parent responsible for paying support that the responsible parent is subject to NRS 31A.020 to 31A.240, inclusive, regarding] an order directing the withholding or assignment of wages and commissions for [delinquent payments of support.] the payment of the support unless:
(a) One of the parties demonstrates and good cause is found by the court or pursuant to an expedited process for the postponement of the withholding or assignment; or
(b) All parties otherwise agree in writing.
4. The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.
5. The judgment or order may direct the father to pay the reasonable expenses of the mothers pregnancy and confinement. The court may limit the fathers liability for past support of the child to the proportion of the expenses already incurred which the court deems just.
6. As used in this section, expedited process means a judicial or administrative procedure established to facilitate the collection of an obligation for the support of a child.
Sec. 3. NRS 130.041 is hereby amended to read as follows:
130.041 Court means [the] :
1. The district court of this state [and, when] ;
2. When the context requires, [means] the court of any other state as defined in a substantially similar reciprocal law [.] ; and
κ1989 Statutes of Nevada, Page 672 (CHAPTER 320, AB 552)κ
3. Any judicial or administrative procedure established in this or any other state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.
Sec. 4. NRS 130.220 is hereby amended to read as follows:
130.220 1. If the responding court finds a duty of support, it may order the obligor to furnish support or reimbursement therefor as required by chapter 125B of NRS and subject the property of the obligor to that order. Support orders made pursuant to this chapter must:
(a) [Include a notice that the responsible parent is subject to NRS 31A.020 to 31A.240, inclusive, for the mandatory withholding of income for delinquent payments of support;] Except as otherwise provided in subsection 2, include an order directing the withholding of wages and commissions for the payment of the support unless:
(1) One of the parties demonstrates and good cause is found by the court for the postponement of withholding; or
(2) All parties otherwise agree in writing; and
(b) Require that payments be made to the clerk of the court of the responding state or other appropriate agency or office.
2. If the complaint is based upon an order of a court for support of a child that is delinquent in an amount equal to the amount the responsible parent has been ordered to pay as support for a 30-day period, the exceptions provided in paragraph (a) of subsection 1 are not applicable and the court shall issue an order for withholding of wages and commissions . [pursuant to NRS 31A.060.]
3. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Sec. 5. Chapter 31A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, whenever an order requiring a parent to make payments for the support of a child includes an order directing the withholding of wages and commissions for the payment of the support, the procedure provided by this chapter for the withholding of income must be initiated:
(a) Immediately, if the case is on file with the enforcing authority; or
(b) Otherwise, at the time the enforcing authority is notified in writing of the entry of the order by the person to whom the support is to be paid.
2. In the case of any order requiring a parent to make payments for the support of a child:
(a) That does not include an order directing the withholding of wages and commissions for the payment of the support; or
(b) In connection with which:
κ1989 Statutes of Nevada, Page 673 (CHAPTER 320, AB 552)κ
(1) Good cause has been found by a court for the postponement of withholding; or
(2) All parties have agreed in writing that there should be no immediate withholding,
the procedure for the withholding of income must be initiated at the time the responsible parent becomes delinquent in paying the support of a child in an amount equal to the amount he has been ordered to pay for a 30-day period.
Sec. 6. NRS 31A.010 is hereby amended to read as follows:
31A.010 As used in this chapter, unless the context otherwise requires:
1. Court means the district court [.] or any judicial or administrative procedure established in this or any other state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.
2. Enforcing authority means the welfare division or the district attorney.
3. Welfare division means the welfare division of the department of human resources.
Sec. 7. NRS 31A.040 is hereby amended to read as follows:
31A.040 [When the]
1. The enforcing authority [becomes aware that a responsible parent is delinquent in making a payment for support of a child as ordered by a court, the enforcing authority] shall notify [the] a responsible parent who is subject to the withholding of income by certified mail to his last known address, return receipt requested:
[1. That he is delinquent;
2.] (a) That his income is to be withheld;
(b) Of the amount of [the arrearages;
3.] any arrearages;
(c) Of the amount to be withheld from his wages or commissions to pay current support and the amount to be withheld to pay any arrearages;
[4.] (d) That the notice [for] of withholding applies to any current or subsequent employer;
[5.] (e) That a notice to withhold from his wages and commissions will be mailed to his employer [10] 15 days after the date of the mailing to him of the notice of [delinquency,] withholding, unless he contests it;
[6.] (f) That he may contest the withholding; and
[7.] (g) Of the grounds and procedures for contesting it.
2. The provisions of this section are applicable only to a responsible parent against whom there is entered an order of a kind described in subsection 2 of section 5 of this act.
Sec. 8. NRS 31A.050 is hereby amended to read as follows:
31A.050 1. If the responsible parent, within 15 days after the notice of [delinquency] withholding is mailed to him, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court, unless the authority determines that withholding is not required.
2. The responsible parent may contest the withholding on the following grounds:
(a) That the court which issued the order for support lacked personal jurisdiction over him;
κ1989 Statutes of Nevada, Page 674 (CHAPTER 320, AB 552)κ
(b) That there is a mistake of fact as to:
(1) Whether the responsible parent has been delinquent in an amount equal to the amount he has been ordered to pay as support for a 30-day period;
(2) The amount of arrearages or support; or
(3) The custody of the child; or
(c) That the order of support was obtained by fraud.
No other issued or defenses may be presented to the court.
3. The provisions of this section are applicable only to a responsible parent against whom there is entered an order of a kind described in subsection 2 of section 5 of this act.
Sec. 9. NRS 31A.060 is hereby amended to read as follows:
31A.060 1. If the court determines that:
(a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to prevent the withholding.
(b) An order of support is valid and there is no fraud or mistake of fact, it shall order the enforcing authority to proceed with the withholding and order, if appropriate, a specific amount to be withheld and applied to arrearages pursuant to NRS 31A.030.
2. The court shall make its decision within 45 days after the notice of the [delinquency] withholding is mailed to the responsible parent.
3. If the court orders the enforcing authority to proceed with the withholding, it may assess costs and attorneys fees against the responsible parent.
4. The enforcing authority shall give written notice to the responsible parent. The notice must contain:
(a) The decision of the court;
(b) The beginning date of any withholding ordered by the court; and
(c) A summary of the information [which was] given to the employer in the notice required by NRS 31A.070.
5. The provisions of this section are applicable only to a responsible parent against whom there is entered an order of a kind described in subsection 2 of section 5 of this act.
Sec. 10. NRS 31A.070 is hereby amended to read as follows:
31A.070 1. The enforcing authority shall mail, by certified mail, return receipt requested, a notice to withhold wages and commissions to the responsible parents employer [, 10] :
(a) Fifteen days after notice of the [delinquency was] withholding is mailed to the responsible parent or, if the responsible parent contests the notice, at the order of the court [.] ; or
(b) If the provisions of NRS 31A.040, 31A.050 and 31A.060 do not apply, immediately upon the entry of the order of support.
2. The notice of withholding must:
(a) Specify the amount to be withheld from the wages and commissions of the responsible parent;
(b) Specify the amount of the fee authorized in NRS 31A.090 for the employer;
(c) Describe the limitation for withholding of wages and commissions prescribed in NRS 31.295;
κ1989 Statutes of Nevada, Page 675 (CHAPTER 320, AB 552)κ
(d) Describe the prohibition against terminating the employment of a responsible parent because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice of withholding;
(e) Specify that, pursuant to NRS 31A.160, the withholding of wages and commissions to enforce an order of a court for child support has priority over other proceedings against the same money; and
(f) Explain the duties of an employer upon the receipt of the notice to withhold.
Sec. 11. NRS 31A.110 is hereby amended to read as follows:
31A.110 The enforcing authority may, pursuant to NRS [31A.020] 31A.030 to 31A.240, inclusive, and section 5 of this act, collect, by withholding, an obligation for support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same responsible parent and the child resides with the spouse or former spouse for whom the obligation of support is being collected.
Sec. 12. NRS 31A.150 is hereby amended to read as follows:
31A.150 1. Money may be withheld for support of a child pursuant to NRS [31A.020] 31A.030 to 31A.240, inclusive, and section 5 of this act, from any money due the responsible parent as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or as a return of contributions and interest, or due to some other person because of his death, from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state.
2. When a certified copy of the notice to withhold income is delivered by certified mail, return receipt requested, to a public entity described in subsection 1, it shall comply with the request and pay the amounts withheld as required in the notice to the enforcing authority.
Sec. 13. NRS 31A.220 is hereby amended to read as follows:
31A.220 1. The enforcing authority shall issue a notice of [delinquency] withholding and proceed to collect an obligation for support of a child by withholding pursuant to NRS [31A.020] 31A.030 to 31A.240, inclusive, and section 5 of this act, upon the request of an agency responsible for the enforcement of orders for support of a child in another county or jurisdiction.
2. The request must include:
(a) A certified copy of the order for support with any modifications;
(b) A certified copy of an order to withhold wages and commissions, if any, still in effect;
(c) A copy of the portion of the statute of that jurisdiction authorizing the withholding of wages and commissions, stating the requirements for withholding wages and commissions;
(d) A sworn statement of the parent to whom payments of support are ordered or a certified statement of the agency of the amount [delinquent] of support due and any assignment of the parents right to support; and
(e) A statement of:
(1) The name, address and social security number of the responsible parent, if known;
κ1989 Statutes of Nevada, Page 676 (CHAPTER 320, AB 552)κ
(2) The name and address of the employer of the responsible parent or of any source of wages, commissions or other income derived in this state against which withholding is sought; and
(3) The name and address of the agency to whom payments of support collected by withholding must be transmitted.
3. If the documentation received by the enforcing authority does not conform to the requirements of subsection 2, it shall remedy the defect, if possible, without the assistance of the requesting agency. If the enforcing authority is unable to remedy the deficiencies, it shall immediately notify the requesting agency of the necessary additions or corrections. It shall not return the documentation. The enforcing authority shall accept the documentation even if it is not in the usual form, if it contains the required information.
4. Upon receipt of a request from an agency in another county or jurisdiction, notice must be sent to the responsible parent pursuant to NRS 31A.040. If he requests a hearing, the enforcing authority shall notify the requesting agency of the date, time and place of the hearing and of the agencys or custodial parents right to attend.
Sec. 14. NRS 31A.240 is hereby amended to read as follows:
31A.240 The county clerks may collect and disburse withholdings pursuant to NRS [31A.020] 31A.030 to 31A.240, inclusive [.] , and section 5 of this act.
Sec. 15. NRS 31A.260 is hereby amended to read as follows:
31A.260 1. The court shall order the responsible parent who is subject to a previous order for support of a child, to make an assignment of his wages or commissions, due or to become due, upon application in writing, verified by the person entitled to the support, that the responsible parent is delinquent in paying support in an amount equal to the amount he was ordered to pay as support for a 30-day period.
2. Within 10 days after the court has entered its order, the person entitled to the support or his legal representative, shall send notice by certified mail to the last known address of the responsible parent, advising him that the assignment will go into effect 15 days after the day on which the notice was sent.
3. The responsible parent may, at any time before the assignment goes into effect, request a hearing before the court on the issue of whether the assignment should be made. If the court receives a request, it shall schedule a hearing and stay the effect of the assignment until after the hearing. If the responsible parent establishes at the hearing that payments were made substantially at the times and in amounts required by the order of the court, the court shall rescind its order of assignment.
4. An assignment pursuant to this section becomes effective:
(a) Fifteen days after the mailing of the notice by the applicant if the responsible parent has not requested a hearing; or
(b) When the court issues its decision after a hearing if it finds that the responsible parent has not complied with the order which awarded support.
5. If the assignment becomes effective, costs and attorneys fees may be assessed against the responsible parent.
6. The provisions of subsections 1 to 5, inclusive, do not apply whenever an order requiring a parent to make payments for the support of a child includes an order directing the withholding of wages and commissions for the payment of the support.
κ1989 Statutes of Nevada, Page 677 (CHAPTER 320, AB 552)κ
includes an order directing the withholding of wages and commissions for the payment of the support. In such a case, the procedure for assignment of wages and commissions may be initiated immediately.
Sec. 16. NRS 31A.020 is hereby repealed.
________
Assembly Bill No. 421Assemblyman Schofield
CHAPTER 321
AN ACT relating to actions against persons; limiting the liability of referees and other sports officials for civil damages; and providing other matters properly relating thereto.
[Approved June 13, 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. A sports official who officiates a sporting event at any level of competition in this state is not liable for any civil damages as a result of any unintended act or omission, not amounting to gross negligence, by him in the execution of his officiating duties within the facility where the sporting event takes place.
2. As used in this section:
(a) Sporting event means any contest, game or other event involving the athletic or physical skills of amateur or professional athletes.
(b) Sports official means any person who serves as a referee, umpire, linesman or in a similar capacity, whether paid or unpaid.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 678κ
Assembly Bill No. 389Assemblymen Gaston, Brookman, Schofield, Triggs, Spriggs, Garner, Chowning, Nevin, Thompson, Diamond, Sheerin, Gibbons, Wisdom, Jeffrey, McGinness, Carpenter, Freeman, Lambert and Myrna Williams
CHAPTER 322
AN ACT relating to crimes; requiring the payment of restitution to the victim of a crime by the criminal as a condition of parole; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.033 is hereby amended to read as follows:
176.033 1. If a sentence of imprisonment is required or permitted by statute, the court shall [sentence] :
(a) Sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant [.] ; and
(b) If restitution is appropriate, set an amount of restitution for each victim of the offense.
2. At any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment, the state board of parole commissioners, upon the recommendation of the department of parole and probation, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the original sentence by reducing the term of imprisonment but shall not make the term less than the minimum limit prescribed by the applicable penal statute.
Sec. 2. NRS 209.4829 is hereby amended to read as follows:
209.4829 The director may assign an offender to a center for the purpose of making restitution only if:
1. The offender requests the assignment;
2. The director determines that the offender is suitable for the assignment;
3. [A victim files a claim for restitution from the offender which the director determines is valid or the offender voluntarily offers to make restitution to a victim of his crime and the director determines that restitution can be made to that victim;] The court set an amount of restitution pursuant to NRS 176.033; and
4. The offender makes an assignment to the department of his wages earned while at the center.
Sec. 3. NRS 209.4837 is hereby amended to read as follows:
209.4837 Once the director determines that [a claim for restitution is valid or, absent a claim, that] restitution voluntarily offered by the offender can be made, the director shall attempt to negotiate and enter into an agreement with the offender which provides for an assignment to the department of all wages which the offender earns:
κ1989 Statutes of Nevada, Page 679 (CHAPTER 322, AB 389)κ
the offender which provides for an assignment to the department of all wages which the offender earns:
1. To make restitution payments to the victims of any crime for which the offender is incarcerated [;] and for which an amount of restitution was set pursuant to NRS 176.033;
2. To reimburse the department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center, if applicable; and
3. For his own account to the offenders employment fund.
The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated [who have filed valid claims with the director or, absent any claims, to whom the director determines restitution voluntarily offered by the offender can be made.] and for which an amount of restitution was set pursuant to NRS 176.033. The payments may be made subject to such terms as the director considers advisable.
Sec. 4. NRS 209.4843 is hereby amended to read as follows:
209.4843 Payments of restitution must terminate:
1. When the offender is released from prison, except that the payments may be continued as a condition of parole; or
2. When the victim has received the full amount [to which he is entitled under the agreement,] set by the court pursuant to NRS 176.033,
whichever occurs first.
Sec. 5. NRS 213.126 is hereby amended to read as follows:
213.126 1. [The board may] Unless complete restitution was made while the parolee was incarcerated, the board shall impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, at the times [and in the amounts] specified in the statement [.] unless the board finds that restitution is impracticable. The amount of restitution must be the amount set by the court pursuant to NRS 176.033. In appropriate circumstances, the board shall provide for an assignment of wages earned by the parolee while on parole to the department for restitution.
2. All money received by the department for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited in the state treasury for credit to the restitution trust fund which is hereby created. Upon deposit, the department shall make pro rata payments from the money received from the parolee to each person to whom the restitution was ordered pursuant to NRS 176.033. All payments from the fund must be paid as other claims against the state are paid.
3. If restitution is not required, the board shall set forth the circumstances upon which it finds restitution impracticable in its statement of parole conditions.
4. Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of that hardship.
κ1989 Statutes of Nevada, Page 680 (CHAPTER 322, AB 389)κ
[4.] 5. If, within 3 years after the parolee is discharged from parole, the department has not located the person to whom the restitution was ordered, the money paid to the department by the parolee must be deposited in the fund for the compensation of victims of crime.
Sec. 6. NRS 209.4821, 209.4823, 209.4825, 209.4833, 209.4835 and 209.4839 are hereby repealed.
________
Assembly Bill No. 328Committee on Taxation
CHAPTER 323
AN ACT relating to county school districts; authorizing the imposition of a property tax upon voter approval to raise revenue for renovating, replacing and constructing certain capital assets; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 4 and 5, upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county may levy a separate tax pursuant to the provisions and subject to the limitations of subsections 1 and 2 of NRS 387.3285.
2. Money raised pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects and must be maintained in a separate budgetary account for the replacement of capital assets. All interest and income earned on the money in the account must be credited to the account. Except as otherwise provided in subsection 3, money in the account must only be expended for the renovation or replacement of depreciating capital assets of the county school district.
3. Money raised pursuant to this section may be expended for the construction of new buildings for schools to accommodate community growth if the expenditure is approved by a majority of the registered voters of the county voting upon the question. An expenditure proposed pursuant to the provisions of this subsection must be submitted as a separate question to the voters on the ballot at a primary, general or special election.
4. The replacement value of the capital assets of a county school district must be determined by the board of trustees of the county school district before any property tax is levied pursuant to subsection 1. The replacement value may be redetermined before July 1 of each year to become effective for the purposes of this section on the first day of the next fiscal year.
5. The property tax authorized in subsection 1 may not be imposed or collected if the account for the replacement of capital assets contains revenue in an amount equal to or more than 30 percent of the replacement value of the capital assets of the county school district.
κ1989 Statutes of Nevada, Page 681 (CHAPTER 323, AB 328)κ
Sec. 2. NRS 387.3285 is hereby amended to read as follows:
387.3285 1. Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax [of] which, when combined with any tax imposed pursuant to section 1 of this act, is not more than 50 cents on each $100 of assessed valuation of taxable property within the county.
2. Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax [of] which, when combined with any tax imposed pursuant to section 1 of this act, is not more than 35 cents on each $100 of assessed valuation of taxable property within the county.
3. Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and , except as otherwise provided in subsection 1 of this act, to be expended in the same manner as other money deposited in that fund.
________
Assembly Bill No. 310Committee on Taxation
CHAPTER 324
AN ACT relating to school districts; authorizing a board of trustees to combine a school bond question and a school capital construction tax question into a single proposition for submission to the voters; requiring that certain money be applied toward the retirement of general obligations of a school district; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.335 is hereby amended to read as follows:
387.335 1. The board of trustees of a county school district may issue its general obligations to raise money for the following purposes, and no others:
(a) Construction or purchase of new buildings for schools, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.
(b) Enlarging, remodeling or repairing existing buildings or grounds for schools, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.
(c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including but not limited to playgrounds, athletic fields and sites for stadiums.
(d) Purchasing necessary furniture and equipment for schools. If money from the issuance of general obligations is used to purchase furniture and equipment to replace existing furniture and equipment, and that existing furniture and equipment subsequently is sold, the proceeds from the sale must be applied toward the retirement of those obligations.
κ1989 Statutes of Nevada, Page 682 (CHAPTER 324, AB 310)κ
furniture and equipment subsequently is sold, the proceeds from the sale must be applied toward the retirement of those obligations.
2. Any one or more of the purposes enumerated in subsection 1 may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.
3. Any question submitted pursuant to this section and any question submitted pursuant to NRS 387.3285 may, by order of the board of trustees entered in its minutes, be united and voted upon as a single proposition.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 916Committee on Commerce
CHAPTER 325
AN ACT relating to industrial insurance; making technical corrections to Assembly Bill No. 164 of this session; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of Assembly Bill No. 164 of this session is hereby amended to read 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) The extraterritorial provisions of this chapter are recognized in the other state; and
(b) 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 does not apply 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 exceeds $250,000.
κ1989 Statutes of Nevada, Page 683 (CHAPTER 325, AB 916)κ
the scope of his license on a project whose cost as a whole exceeds $250,000.
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, and such compensation is the exclusive remedy of the employee or his dependents. This subsection does not prevent an employer from maintaining coverage for the employee under the provisions of this chapter.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 13Assemblymen Spinello, Thompson, Myrna Williams, Evans and Sedway
CHAPTER 326
AN ACT relating to mental health; requiring the certification of psychiatrists employed by the mental hygiene and mental retardation division of the department of human resources within 5 years after the first day of their employment; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.267 is hereby amended to read as follows:
433.267 Any psychiatrist who is employed by the division must be certified by the American Board of Psychiatry and Neurology within [3] 5 years after his first date of employment with the division. The administrator shall terminate the employment of any psychiatrist who fails to receive such certification.
________
κ1989 Statutes of Nevada, Page 684κ
Assembly Bill No. 285Assemblymen Dini, Brookman, Spinello, Sedway, Jeffrey, Humke, Kissam, Diamond, Bogaert, Price, Thompson, DuBois, Nevin, Bergevin, Gibbons, Myrna Williams, and Wendell Williams
CHAPTER 327
AN ACT relating to holidays; authorizing and requesting the governor to proclaim the second Monday in October as Columbus Day; declaring October 12, 1992, to be a legal holiday; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
The governor of this state is authorized and requested to issue annually a proclamation designating the second Monday in October as Columbus Day in commemoration of the arrival of Cristoforo Columbo in the New World.
Sec. 2. NRS 236.015 is hereby amended to read as follows:
236.015 1. The following days are declared to be legal holidays for state, county and city governmental offices:
January 1 (New Years Day)
Third Monday in January (Martin Luther King, Jr.s Birthday)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
Friday following the fourth Thursday in November (Family Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans Day.
2. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University of Nevada System must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following must be observed as a legal holiday.
(b) Saturday, the Friday preceding must be observed as a legal holiday.
4. To celebrate the 500th anniversary of the arrival of Cristoforo Columbo in the New World, October 12, 1992, is hereby declared to be a legal holiday for state, county and city governmental offices.
κ1989 Statutes of Nevada, Page 685 (CHAPTER 327, AB 285)κ
for state, county and city governmental offices. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University of Nevada System must close on this day.
________
Senate Bill No. 233Committee on Judiciary
CHAPTER 328
AN ACT relating to subpenas; providing for the acceptance of a subpena by an oral promise to appear; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 174.315 is hereby amended to read as follows:
174.315 1. The district attorney may issue subpenas subscribed by him for:
(a) Witnesses within the state, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.
(b) Witnesses within the state, in support of an indictment, information or criminal complaint, to appear before the court at which it is to be tried.
(c) Witnesses already subpenaed who are required to reappear in any justices court at any time the court is to reconvene in the same case within 60 days, and the time may be extended beyond 60 days upon good cause being shown for its extension.
2. Witnesses, whether within or without the state, may accept delivery of a subpena in lieu of service, by a written or oral promise to appear [signed] given by the witness. Any person who accepts an oral promise to appear shall:
(a) Identify himself to the witness by name and occupation;
(b) Make a written notation of the date when the oral promise to appear was given and the information given by the person making the oral promise to appear identifying him as the witness subpenaed; and
(c) Execute a certificate of service containing the information set forth in paragraphs (a) and (b).
3. The district attorney shall orally inform any witness subpenaed as provided in paragraph (a) of subsection 1 of the general nature of the grand jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
Sec. 2. NRS 174.345 is hereby amended to read as follows:
174.345 1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Service of a subpena [shall] must be made by delivering a copy thereof to the person named.
κ1989 Statutes of Nevada, Page 686 (CHAPTER 328, SB 233)κ
2. [A] Except as otherwise provided in NRS 174.315, a subpena to attend a misdemeanor trial may be served by mailing the subpena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to [such] the persons last known address, not less than 10 days before the trial which the subpena commands him to attend.
3. If a subpena is served by mail, a certificate of the mailing [shall] must be filed with the court within 2 days after the subpena is mailed.
________
Senate Bill No. 322Senator Jacobsen
CHAPTER 329
AN ACT relating to the militia of the state; extending the coverage of the state industrial insurance to all members of the militia of the state; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 412.142 is hereby amended to read as follows:
412.142 1. In all cases in which any member of the [Nevada National Guard] militia of the state is wounded, injured, disabled or killed while in the line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. There [shall] must be paid to the state industrial insurance system quarterly, from the appropriation for the support of the [Nevada National Guard,] department, such a sum for a premium as may be fixed and agreed upon by the commander in chief and the manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify [such] the numbers to the manager.
2. In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability [; but such] , but the compensation must not exceed the maximum prescribed in chapter 616 of NRS.
________
κ1989 Statutes of Nevada, Page 687κ
Assembly Bill No. 103Assemblymen Banner, Garner and Jeffrey
CHAPTER 330
AN ACT relating to industrial insurance; providing a method for the payment of a contested claim when such a claim is appealed; requiring the payment of interest on contested claims which are decided in favor of the claimant; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If a hearing officer, appeals officer or district court renders a decision on a claim for compensation and the insurer or employer appeals that decision, but is unable to obtain a stay of the decision:
(a) Payment of that portion of an award for a permanent partial disability which is contested must be made in installment payments until the claim reaches final resolution.
(b) Payment of the award must be made in monthly installments of 66 2/3 percent of the average wage of the claimant until the claim reaches final resolution if the claim is for more than 3 months of past benefits for a temporary total disability or rehabilitation, or for a payment in lump sum related to past benefits for rehabilitation, such as costs for purchasing a business or equipment.
2. If the final resolution of the claim is in favor of the claimant, the remaining amount of compensation to which the claimant is entitled may be paid in a lump sum if the claimant is otherwise eligible for such a payment pursuant to NRS 616.607. If the final resolution of the claim is in favor of the insurer or employer, any amount paid to the claimant in excess of the uncontested amount must be deducted from any future benefits related to that claim, other than medical benefits, to which the claimant is entitled. The deductions must be made in a reasonable manner so as not to create an undue hardship to the claimant.
Sec. 3. If a contested claim for compensation is decided in favor of the claimant, he is entitled to an award of interest at the rate provided for civil judgments in NRS 17.130, on the amount of compensation due him, from the date the payment on the claim would be due until the date that payment is made.
Sec. 4. NRS 616.607 is hereby amended to read as follows:
616.607 1. [An] Except as otherwise provided in section 2 of this act, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.
κ1989 Statutes of Nevada, Page 688 (CHAPTER 330, AB 103)κ
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, 1987, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to reopen his claim according to the provisions of NRS 616.545; and
(b) Any services for counseling, training or rehabilitation provided by the insurer.
The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
4. The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value [is] must be calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 , [and] actuarial annuity tables adopted by the department [.] and a rate of interest equal to the rate provided for civil judgments in NRS 17.130. The tables must be reviewed annually by a consulting actuary.
6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.
Sec. 5. NRS 616.620 is hereby amended to read as follows:
616.620 Except as otherwise provided by section 2 of this act and NRS 616.607 and 616.615, the insurer shall not make or allow any lump-sum settlements.
Sec. 6. 1. This act becomes effective on July 1, 1989.
κ1989 Statutes of Nevada, Page 689 (CHAPTER 330, AB 103)κ
2. This act applies to contested claims for compensation decided on or after that date.
________
Assembly Bill No. 631Assemblymen Thompson, Jeffrey and Callister
CHAPTER 331
AN ACT relating to interscholastic activities; authorizing under certain circumstances membership in an out-of-state association for interscholastic activities; requiring the adoption of related rules and regulations; extending to certain public schools the limitation on liability provided for political subdivisions of this state; authorizing the use of money in the county school district fund for membership in any such association; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:
The rules and regulations of the association must provide criteria for the approval of requests made by public schools for authorization to join an interscholastic activity association formed in another state.
Sec. 2. NRS 386.420 is hereby amended to read as follows:
386.420 The county school district trustees may form a nonprofit association composed of all of the school districts of the state for the purposes of controlling, supervising [,] and regulating all interscholastic athletic events and other interscholastic events in the public schools. This section does not prohibit a public school, which is authorized by the association to do so, from joining an association formed for similar purposes in another state.
Sec. 3. NRS 386.470 is hereby amended to read as follows:
386.470 1. Any liability or action against the association must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.031 to 41.039, inclusive. To this extent, the association shall be deemed a political subdivision of the state.
2. Any liability or action against a public school which is a member of an association for interscholastic activities formed in another state must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.031 to 41.039, inclusive. To this extent, the public school shall be deemed a political subdivision of the state.
Sec. 4. NRS 387.205 is hereby amended to read as follows:
387.205 1. [Moneys] Money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account under the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of public schools.
(b) Payment of premiums for Nevada industrial insurance.
κ1989 Statutes of Nevada, Page 690 (CHAPTER 331, AB 631)κ
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition for children, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of [such] the lunch.
(g) Membership fees, dues and contributions to [the Nevada] an interscholastic activities association.
2. Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account under the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 429Senators Horn, Wagner, Titus, Coffin, Getto, Mello, ODonnell, Shaffer, Smith, Townsend and Vergiels
CHAPTER 332
AN ACT relating to employment practices; revising provisions concerning leave for pregnant employees; and providing other matters properly relating thereto.
[Approved June 13, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
If an employer grants leave with pay, leave without pay, or leave without loss of seniority to his employees for sickness or disability because of a medical condition, it is an unlawful practice to fail or refuse to extend the same benefits to any female employee who is pregnant. The female employee who is pregnant must be allowed to use the leave before and after childbirth, miscarriage or other natural resolution of her pregnancy, if the leave is granted, accrued or allowed to accumulate as a part of her employment benefits.
Sec. 2. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.430, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
κ1989 Statutes of Nevada, Page 691 (CHAPTER 332, SB 429)κ
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation under section 501(c) of the Internal Revenue Code of 1954.
2. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
3. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
4. Person includes the State of Nevada and any of its political subdivisions.
Sec. 3. NRS 613.405 is hereby amended to read as follows:
613.405 Any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.400, inclusive, and section 1 of this act, may file a complaint to that effect with the Nevada equal rights commission if the complaint is based on discrimination because of race, color, sex, age, physical or visual handicap, religion or national origin.
Sec. 4. NRS 608.159 is hereby repealed.
________
Senate Bill No. 433Senators Hickey, Coffin, Horn and Titus
CHAPTER 333
AN ACT relating to public schools; revising the definition of handicapped minor; extending programs for academically talented children to children gifted in areas other than academics; and providing other matters properly relating thereto.
[Approved June 14, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to 388.520, inclusive, handicapped minor means any person under the age of 18 years who deviates either educationally, [academically,] physically, socially or emotionally so markedly from normal [growth and development] patterns , or demonstrates such outstanding academic skills or talents, that he cannot progress effectively in a regular school program and therefore needs special instruction or special services..
Sec. 2. NRS 388.490 is hereby amended to read as follows:
388.490 1. Except as provided in subsections 2 to 5, inclusive, handicapped minors may be admitted at the age of 5 years to special programs established for such minors, and their enrollment or attendance may by counted for apportionment purposes.
κ1989 Statutes of Nevada, Page 692 (CHAPTER 333, SB 433)κ
established for such minors, and their enrollment or attendance may by counted for apportionment purposes.
2. Aurally handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
3. Visually handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
4. [Academically] Gifted and talented minors may be admitted at the age of 4 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
5. Mentally retarded minors may be admitted at the age of 3 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
Sec. 3. NRS 388.520 is hereby amended to read as follows:
388.520 1. The state board of education shall prescribe minimum standards for the special education of handicapped minors.
2. Prescribed minimum standards must include standards for programs of instruction or special services maintained for the purpose of serving minors who:
(a) Are aurally handicapped.
(b) Are visually handicapped.
(c) Are physically handicapped.
(d) Have speech handicaps.
(e) Are mentally handicapped.
(f) Have multiple handicaps.
(g) Are seriously emotionally handicapped.
(h) Are [academically] gifted and talented.
(i) Have learning disabilities.
3. No apportionment of state funds may be made to any school district for the instruction of handicapped minors until the program of instruction maintained therein for such handicapped minors is approved by the superintendent of public instruction as meeting the prescribed minimum standards.
Sec. 4. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 693κ
Assembly Bill No. 505Assemblymen Myrna Williams, Thompson, Dini, Jeffrey, Callister, Spinello, Porter and Diamond
CHAPTER 334
AN ACT relating to state employees; allowing state employees to transfer their sick and annual leave to other employees under certain circumstances; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in section 2 to 8, inclusive, of this act, catastrophe means:
1. The employee is unable to perform the duties of his position because of a serious illness or accident which is life threatening or which will require a lengthy convalescence; or
2. There is a serious illness or accident which is life threatening or which will require a lengthy convalescence in the employees immediate family.
The commission shall adopt regulations further defining catastrophe to assure that the term is limited to serious calamities.
Sec. 3. 1. Each appointing authority may establish an account for catastrophic leave.
2. An employee of an appointing authority may request, in writing, that a specified number of hours of his accrued annual or sick leave be transferred from his account to the account for catastrophic leave.
3. An employee may not transfer to the account for catastrophic leave any hours of sick leave if the balance in his account after the transfer is less than 240 hours.
4. The maximum number of hours which may be transferred in any 1 calendar year is 80. The minimum number of hours which may be transferred in any 1 calendar year is 8. The employee may transfer hours to the account for catastrophic leave for use by a particular employee who is eligible to receive them.
5. Any hours of annual or sick leave which are transferred from any employees account to the account for catastrophic leave may not be returned or restored to that employee. This subsection does not prevent the employee from receiving leave pursuant to section 4 of this act.
Sec. 4. 1. An employee of an appointing authority may request, in writing, that a specified number of hours of leave be transferred from the account for catastrophic leave to his account. The maximum number of hours that may be transferred to an employee pursuant to this section is 1,040 in any 1 calendar year.
2. The request must include:
(a) The employees name, title and classification; and
(b) A description of the catastrophe and the expected duration of that catastrophe.
κ1989 Statutes of Nevada, Page 694 (CHAPTER 334, AB 505)κ
3. An employee may not receive any leave from the account for catastrophic leave until he has used all his accrued annual, sick and compensatory leave.
4. An employee who receives leave from the account for catastrophic leave is entitled to payment for that leave at a rate no greater than his own rate of pay.
Sec. 5. 1. The appointing authority may approve the transfer of a specified number of hours of leave from the account for catastrophic leave to the account of any employee who the appointing authority determines is eligible to receive such leave.
2. The decision of the appointing authority concerning the approval of leave pursuant to subsection 1 is final and is not subject to judicial review or the procedure for the adjustment of grievances pursuant to NRS 284.384.
Sec. 6. 1. The appointing authority shall review the status of the catastrophe of the employee and determine when the catastrophe no longer exists.
2. The appointing authority shall not grant any hours of leave from the account for catastrophic leave after:
(a) The catastrophe ceases to exist; or
(b) The employee who is receiving the leave resigns or his employment with the appointing authority is terminated.
3. Any leave which the employee received from the account for catastrophic leave which was not used at the time the catastrophe ceases to exist or upon the resignation or termination of the employment of the employee must be returned to the account for catastrophic leave.
Sec. 7. Each appointing authority shall maintain records and report to the director any information concerning the use of an account for catastrophic leave to evaluate the effectiveness, feasibility and cost to carry out the provisions of sections 2 to 8, inclusive, of this act.
Sec. 8. The commission shall adopt regulations to carry out the provisions of sections 2 to 8, inclusive, of this act.
Sec. 9. On or before October 1, 1990, the department of personnel shall report to the interim finance committee on the effectiveness and cost of carrying out the provisions of sections 2 to 8, inclusive, of this act.
Sec. 10. This act expires by limitation on July 1, 1993.
________
κ1989 Statutes of Nevada, Page 695κ
Senate Bill No. 450Committee on Transportation
CHAPTER 335
AN ACT relating to civil liability; making the state and an officer or employee of the state immune from an action for damages caused by a minor driver whose application for a drivers license was signed by the officer or employee while the minor was in the legal custody of the state; and providing other matters properly relating thereto.
[Approved June 15, 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:
No action may be commenced pursuant to subsection 2 of NRS 483.300 against the state or an officer or employee of the state for damages caused by the negligence or willful misconduct of a minor driver whose application for a drivers license was signed by the officer or employee while the minor was in the legal custody of the state.
Sec. 2. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.031 to 41.039, inclusive [:] , and section 1 of this act:
1. Employee includes an employee of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
2. Employment includes any services performed by an immune contractor.
3. Immune contractor means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, professional corporation and professional association, have the meanings ascribed to them in NRS 89.020.
4. Public officer or officer includes:
(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender.
Sec. 3. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, section 1 of this act and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
κ1989 Statutes of Nevada, Page 696 (CHAPTER 335, SB 450)κ
and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section, in a court of competent jurisdiction of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada must be named as defendant, and the summons and a copy of the complaint must be served upon the secretary of state. The secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 4. NRS 483.300 is hereby amended to read as follows:
483.300 1. The application of any person under the age of 18 years for an instruction permit or drivers license must be signed and verified, before a person authorized to administer oaths:
(a) By the applicants parent who has custody of him or by either parent if both have custody of him;
(b) If neither parent has custody of him or if neither parent is living, by the person who has custody of him [;] , including an officer or employee of the state if the minor is in legal custody of the state;
(c) If neither parent has custody of him or if neither is living and he has no custodian, by his employer; or
(d) If neither parent has custody of him or if neither is living and he has no custodian or employer, by any responsible person who is willing to assume the obligation imposed under NRS 483.010 to 483.630, inclusive, upon a person signing the application of a minor.
2. [Any] Except as otherwise provided in section 1 of this act, any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway [shall be] is imputed to the person who has signed the application of [such] the minor for a permit or license [, which person shall be] and that person is jointly and severally liable with [such] the minor for any damages caused by such negligence or willful misconduct.
________
κ1989 Statutes of Nevada, Page 697κ
Assembly Bill No. 851Committee on Ways and Means
CHAPTER 336
AN ACT relating to regional facilities for children; requiring each county to pay an assessment to the youth services division of the department of human resources for the support of regional facilities for children; providing a formula for the assessment; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 7, each county shall pay an assessment for the operation of each regional facility for children that is partially supported by the state and is operated by a county whose population is less than 400,000.
2. The assessment owed by each county equals the total amount budgeted by the legislature for the operation of the facility, minus any money appropriated by the legislature for the support of the facility, divided by the total number of pupils in the state in the preceding school year, excluding pupils in counties whose population is 400,000 or more, and multiplied by the number of pupils in the assessed county. The administrator of the division shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.
3. Each county must pay the assessed amount to the division in quarterly installments that are due the first day of the first month of each calendar quarter.
4. The administrator of the division shall deposit the money received pursuant to subsection 3 in a separate account in the state general fund. The money in the account may only be withdrawn by the administrator for the operation of regional facilities for children.
5. As used in this section:
(a) Division means the youth services division of the department of human resources.
(b) Regional facility for children includes:
(1) The institution in Douglas County known as China Springs Youth Camp; and
(2) Any other institution established and maintained for the care of minors adjudged delinquent and committed thereto, except the Nevada youth training center and the Nevada girls training center.
6. Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.
7. The provisions of this section do not apply to a county whose population is 400,000 or more.
Sec. 2. 1. The administrator of the youth services division of the department of human resources shall calculate the initial assessment owed by each county as soon as possible after the effective date of this act and shall notify the counties on or before July 15, 1989, of the amount owed.
κ1989 Statutes of Nevada, Page 698 (CHAPTER 336, AB 851)κ
county as soon as possible after the effective date of this act and shall notify the counties on or before July 15, 1989, of the amount owed.
2. The initial quarterly payment of an assessment by a county is due August 15, 1989. Subsequent payments are due on the first day of the first month of each calendar quarter.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 328Senator Jacobsen
CHAPTER 337
AN ACT relating to the Nevada National Guard; conforming the procedure for the appointment of the United States Property and Fiscal Officer for Nevada to federal law; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 412.058 is hereby amended to read as follows:
412.058 1. [The adjutant general shall recommend to the governor, who shall appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force,] Upon recommendation of the adjutant general, the governor shall recommend to the Chief of the National Guard Bureau a qualified commissioned officer of the Nevada National Guard who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, [to be] for appointment as the United States Property and Fiscal Officer for Nevada. If the officer is not on active federal duty, the President may order him to active duty, with his consent, to serve as a Property and Fiscal Officer as provided in 32 U.S.C. § 708. The United States Property and Fiscal Officer shall function under the direction of the adjutant general, and cooperate fully with National Guard Regulations and Air National Guard Regulations and the regulations and policies of the Departments of the Army and Air Force. The United States Property and Fiscal Officer may serve until 60 years of age if otherwise qualified.
2. As long as the position of the United States Property and Fiscal Officer is covered by a position schedule bond authorized by the United States Code, and [such position] bonding is automatic upon acceptance of [property accountability,] accountability for property, no further bonding action on the part of the state or the [individual appointed shall be] person appointed is required.
________
κ1989 Statutes of Nevada, Page 699κ
Assembly Bill No. 247Committee on Judiciary
CHAPTER 338
AN ACT relating to garnishment; allowing continuing garnishment of earnings for certain period; prohibiting an employer from discharging or disciplining an employee under certain circumstances; revising the procedures for the collection of garnished wages; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 28 of NRS is hereby amended by adding thereto the provisions sets forth as sections 2 and 3 of this act.
Sec. 2. Defendant includes a party against whom a counterclaim, crossclaim or third party complaint is filed.
Sec. 3. Plaintiff includes a party who files a counterclaim, crossclaim or third party complaint.
Sec. 4. NRS 28.010 is hereby amended to read as follows:
28.010 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 28.020 to 28.130, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 5. Chapter 31 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. 1. Except as otherwise provided in subsection 3, if the garnishee indicates in his answer to garnishee interrogatories that he is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 120 days or until the amount determined in the writ is satisfied, whichever occurs earlier.
2. In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendants earnings. This subsection does not apply to the first pay period in which the defendants earnings are garnished.
3. If the defendants employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:
(a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.
(b) Shall provide the plaintiff or the plaintiffs attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.
Sec. 7. 1. If without legal justification an employer of the defendant refuses to withhold earnings of the defendant demanded in a writ of garnishment or knowingly misrepresents the earnings of the defendant, the court may order the employer to appear and show cause why he should not be subject to the penalties prescribed in subsection 2.
2. If after a hearing upon the order to show cause, the court determines that an employer, without legal justification, refused to withhold the earnings of a defendant demanded in a writ of garnishment or knowingly misrepresented the earnings of the defendant, the court shall order the employer to pay the plaintiff, if the plaintiff has received a judgment against the defendant, the amount of arrearages caused by the employers refusal to withhold or his misrepresentation of the defendants earnings.
κ1989 Statutes of Nevada, Page 700 (CHAPTER 338, AB 247)κ
the amount of arrearages caused by the employers refusal to withhold or his misrepresentation of the defendants earnings. In addition, the court may order the employer to pay the plaintiff punitive damages in an amount not to exceed $1,000 for each pay period in which the employer has, without legal justification, refused to withhold the defendants earnings or has misrepresented the earnings.
Sec. 8. It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employees earnings pursuant to a writ of garnishment.
Sec. 9. NRS 31.249 is hereby amended to read as follows:
31.249 1. No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued:
(a) In the order directing the clerk to issue a writ of attachment; or
(b) If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.
2. The plaintiffs application to the court for an order directing the issuance of a writ of garnishment must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee [is] :
(a) Is the employer of the defendant; or
(b) Is indebted to or has property in his possession or under his control belonging to the defendant ,
and that [the indebtedness or property is,] to the best of the knowledge and belief of the affiant, the defendants future wages, the garnishees indebtedness or the property possessed is not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the state controller.
3. The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.
4. Except as otherwise provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.
5. If the named garnishee is the subject of more than one writ of garnishment regarding the defendant, the court shall determine the priority and method of satisfying the claims, except that any writ of garnishment to satisfy a judgment for the collection of child support must be given first priority.
Sec. 10. NRS 31.290 is hereby amended to read as follows:
31.290 1. The interrogatories to the garnishee may be in substance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants, ....................................................
.......................................................................................................................................................
.......................................................................................................................................................
or either of them, either in property or money, and is the debt now due? If not due, when is the debt do become due? State fully all particulars.
κ1989 Statutes of Nevada, Page 701 (CHAPTER 338, AB 247)κ
Answer: .................................................................................................................................
.......................................................................................................................................................
Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount each defendant presently earns during a pay period.
Answer: .................................................................................................................................
.......................................................................................................................................................
Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ........... he .......... interested? If so, state its value, and state fully all particulars.
Answer: .................................................................................................................................
.......................................................................................................................................................
Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ..........h.......... or in which .......... he.......... interested, and now in the possession or under the control of others? If so, state particulars.
Answer: .................................................................................................................................
.......................................................................................................................................................
State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.
Answer: .................................................................................................................................
.......................................................................................................................................................
.......................................................
Garnishee
I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.
.......................................................
(Signature of garnishee)
SUBSCRIBED and SWORN to before me this ........... day of ................., 19.....
2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.
Sec. 11. NRS 21.112 is hereby amended to read as follows:
21.112 1. In order to claim exemption of any property levied on, the judgment debtor shall, within 5 days after receipt of actual notice of the levy, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out his claim of exemption.
2. When such affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff fails to give the sheriff an undertaking executed by two good and sufficient sureties which:
(a) Is in a sum equal to double the value of the property levied on; and
κ1989 Statutes of Nevada, Page 702 (CHAPTER 338, AB 247)κ
(b) Indemnifies the judgment debtor against loss, liability, damages, costs and counsel fees by reason of the taking, withholding or sale of such property by the sheriff.
3. At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.
4. The sheriff shall not be liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property, where:
(a) No affidavit claiming exemption is served on him; or
(b) An affidavit claiming exemption is served on him, but the sheriff fails to release the property in accordance with this section.
________
Assembly Bill No. 418Assemblymen Evans, Jeffrey, Dini, Nevin, Spinello, Sedway, Price, Marvel, Humke, DuBois, Swain, Kerns, Arberry, Myrna Williams, Diamond, Bergevin and Lambert
CHAPTER 339
AN ACT relating to registration of vehicles; requiring certain residents of other states who are employed in Nevada to register their vehicles with the department of motor vehicles and public safety; providing a fee for registration; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A border state employee who:
1. Commutes to a place of employment in Nevada that is less than 35 air miles from the state border;
2. Has not otherwise registered his vehicle in this state; and
3. Is not otherwise required to register his vehicle in this state,
shall pursuant to section 3 of this act, annually register the vehicle.
Sec. 3. 1. A border state employee who is required by section 2 of this act to register his vehicle shall submit to the department:
(a) A completed application on a form furnished by the department that contains the vehicle identification number of the vehicle to be registered, the license plate number issued for the vehicle by the border state and the name and address of the owner of the vehicle;
(b) An affidavit stating that he is a border state employee as defined in NRS 482.012 and is employed in Nevada at a place of employment located less than 35 air miles from the state border; and
(c) The fee for registration specified in subsection 7 of NRS 482.480.
2. The department shall issue an identification card and registration sticker to a border state employee who complies with the provisions of subsection 1. The registration sticker must be placed on the rear of the registered vehicle in a clearly visible location adjacent to the rear license plate.
κ1989 Statutes of Nevada, Page 703 (CHAPTER 339, AB 418)κ
vehicle in a clearly visible location adjacent to the rear license plate. The identification card must be carried in the vehicle at all times that the vehicle is in the state and must be surrendered to a peace officer upon demand.
3. Registration pursuant to this section:
(a) Is not transferable to another person or vehicle; and
(b) Must be renewed annually in the manner provided in subsection 1.
Sec. 4. NRS 482.012 is hereby amended to read as follows:
482.012 Border state employee means a person whose legal residence is not in this state and who resides outside of the State of Nevada and who commutes on a daily basis into the State of Nevada solely for the purpose of employment.
Sec. 5. NRS 482.103 is hereby amended to read as follows:
482.103 1. Resident [shall include,] includes but is not [be] limited to [, the following:
(a) Any person whose] a person:
(a) Whose legal residence is in the State of Nevada.
(b) [Any person who] Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer , [;] or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) [Any person, except an actual tourist, an out-of-state student, a border state employee, a seasonal resident or an occupational transient worker.
(d) Any person who] Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state . [for other than a temporary or transitory purpose.
(e) Any person who]
(d) Who declares himself to be a resident of Nevada for purposes of obtaining privileges not ordinarily extended to nonresidents of this state.
2. The term does not include a person who is an actual tourist, an out-of state student, a border state employee or a seasonal resident.
3. The provisions of this section [shall] do not apply to persons who operate vehicles [operated] in this state under the provisions of NRS 706.801 to 706.861, inclusive, 482.385, 482.390 or 482.395.
Sec. 5.5 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 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 $2 for each registration [.] or for each transaction performed pursuant to section 3 of this act.
κ1989 Statutes of Nevada, Page 704 (CHAPTER 339, AB 418)κ
Sec. 6. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal of registration [,] and applications for registration of vehicles of border state employees pursuant to section 3 of this act, must be made as provided in this section.
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 and his signed declaration that he will maintain the security during the period of registration.
(f) If the security is provided by a contract of insurance, [the insurer shall provide] evidence of that insurance provided by the insurer on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or other dispose of it.
(g) If required, evidence of the applicants compliance with controls over emission.
4. The application must contain such other information as may be required by the department, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.
(b) Other fleets composed of [ten] 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.
κ1989 Statutes of Nevada, Page 705 (CHAPTER 339, AB 418)κ
(c) A person who qualifies as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.
(d) A person who qualifies for an operators policy of liability insurance pursuant to NRS 485.186 and 485.3091 may file evidence of that insurance.
Sec. 7. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in subsection 4 , section 2 of this act and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. This section does not:
(a) Prohibit the use of manufacturers, distributors or dealers license plates issued by any state or county by any nonresident in the operation of any vehicle on the public highways of this state.
(b) Require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.
4. Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause this vehicle to be registered within 45 days after beginning its operation within this state.
5. A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must be allowed credit on these taxes and fees for the unused months of his previous registration. The fee provided in subsection 4 of NRS 482.480 must not be prorated. Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.
6. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.
7. An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.
Sec. 8. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
κ1989 Statutes of Nevada, Page 706 (CHAPTER 339, AB 418)κ
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $17.
2. For every motorcycle, a fee for registration of $17.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. For every motor vehicle there is an additional fee of $5 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
5. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
6. For every travel trailer, a fee for registration of $17.
7. For each vehicle registered by a border state employee pursuant to section 3 of this act, a fee for registration of $10, which may not be prorated.
Sec. 9. NRS 483.141 is hereby amended to read as follows:
483.141 1. Resident [shall include,] includes but is not [be] limited to [, the following:
(a) Any person whose] a person:
(a) Whose legal residence is in the State of Nevada.
(b) [Any person who] Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer , [;] or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) [Any person, except an actual tourist, an out-of-state student, a border state employee, a seasonal resident or an occupational transient worker.
(d) Any person who] Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state . [, for other than a temporary or transitory purpose.
(e) Any person who]
(d) Who declares himself to be a resident of Nevada for purposes of obtaining privileges not ordinarily extended to nonresidents of this state.
2. The term does not include a person who is an actual tourist, an out-of state student, a border state employee or a seasonal resident.
3. The provisions of this section [shall] do not apply to drivers of vehicles operated in this state under the provisions of NRS 706.801 to 706.861, inclusive, 482.385, 482.390 or 482.395.
Sec. 10. NRS 482.082 and 483.111 are hereby repealed.
Sec. 11. A border state employee required to register his vehicle pursuant to sections 2 and 3 of this act may register on or before January 1, 1990, without penalty.
Sec. 12. Section 5.5 of this act becomes effective as 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 707κ
Assembly Bill No. 432Assemblymen Callister and Porter
CHAPTER 340
AN ACT relating to costs; expanding the list of items recoverable as costs by a successful litigant; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 18.005 is hereby amended to read as follows:
18.005 For the purposes of NRS 18.010 to 18.150, inclusive, the term costs means:
1. Clerks fees.
2. Reporters fees for depositions, including a reporters fee for one copy of each deposition.
3. Jurors fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
4. Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than five expert witnesses in an amount of not more than [$750] $1,500 for each witness, unless the court allows a larger fee after determining [, pursuant to a hearing,] that the circumstances surrounding the experts testimony were of such necessity as to require the larger fee.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the delivery or service of any summons or subpena used in the action, unless the court determines that the service was not necessary.
8. The fees of the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part of the action.
10. Fees of a court bailiff who was required to work overtime.
11. Reasonable costs for telecopies.
12. Reasonable costs for photocopies.
13. Reasonable costs for long distance telephone calls.
14. Reasonable costs for postage.
15. Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
16. Any other reasonable and necessary expense incurred in connection with the action.
________
κ1989 Statutes of Nevada, Page 708κ
Senate Bill No. 112Senators Rhoads, Getto and Jacobsen
CHAPTER 341
AN ACT relating to motor carriers; providing an exemption from certain provisions governing motor carriers for persons temporarily engaged in transporting agricultural products; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 706.311 to 706.436, inclusive, do not apply to any person who temporarily transports raw or unprocessed agricultural products belonging to another person if:
1. A person who has been issued a permit by the commission to act as a common or contract motor carrier is not available to perform such a service at the time the transportation begins; and
2. The period in which the service is provided does not exceed 120 days in any 12-month period.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 363Committee on Judiciary
CHAPTER 342
AN ACT relating to gaming; clarifying the prohibition against gaming without the licenses required by federal, state and local laws; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game [or] , gaming device, slot machine , [or any] race book or sports pool;
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,
κ1989 Statutes of Nevada, Page 709 (CHAPTER 342, SB 363)κ
carrying on any gambling game, slot machine, gaming device, race book or sports pool,
without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. It is unlawful for any person knowingly to permit any gambling game, slot machine , [or] gaming device , race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed [under] pursuant to this chapter, or his employee.
________
Senate Bill No. 391Committee on Government Affairs
CHAPTER 343
AN ACT relating to local governmental finances; authorizing a municipality to secure a loan with the property purchased from the proceeds of the loan; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350.604 is hereby amended to read as follows:
305.604 1. Except as otherwise provided in subsection 2:
(a) The payment of municipal securities [shall] may not be secured by an encumbrance, mortgage or other pledge of property of the municipality [, except for its pledged revenues, proceeds of taxes and any other moneys pledged for the payment of the securities.] ; and
(b) No property of the municipality [, subject to such exception, shall be] is liable to be forfeited or taken in payment of the securities.
2. The payment of municipal securities may be secured by pledged revenues, proceeds of taxes and any other money pledged for the payment of the securities. A municipality may encumber, mortgage or otherwise pledge property purchased from the proceeds of a loan to secure payment of that loan.
________
κ1989 Statutes of Nevada, Page 710κ
Senate Bill No. 455Committee on Judiciary
CHAPTER 344
AN ACT relating to pari-mutuel wagering; requiring the Nevada gaming commission to establish the total commission to be deducted from off-track pari-mutuel wagering; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 464.040 is hereby amended to read as follows:
464.040 1. The total commission deducted from pari-mutuel wagering other than off-track pari-mutuel wagering by any licensee licensed under the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license. [In the case of off-tract pari-mutuel wagering, the total commission]
2. The total commission deducted from off-track pari-mutuel wagering must be determined by the Nevada gaming commission and may be divided between the licensee and persons licensed or approved by that state to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon . [, but any such division must first be approved by the Nevada gaming commission.
2.] 3. Except as otherwise provided in NRS 464.045 for pari-mutuel wagering on racing, each licensee shall pay to the Nevada gaming commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any racing or sporting event.
[3.] 4. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
[4.] 5. Except as otherwise provided in NRS 464.045 for pari-mutuel wagering on racing, the amount paid to the Nevada gaming commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasurer for deposit in the state general fund.
[5.] 6. Any person failing to pay the tax imposed by this section at the time required shall pay, in addition to the tax, a penalty of not less than $50 or 25 percent of the amount due, whichever is greater, but not to exceed $1,000. This penalty must be collected as are other charges, fees and penalties under this chapter and chapter 463 of NRS.
Sec. 2. NRS 464.045 is hereby amended to read as follows:
464.045 1. The provisions of subsections [2 and 4] 3 and 5 of NRS 464.040 do not apply to persons licensed for the conduct of pari-mutuel wagering on racing.
2. A licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering on racing shall include within gross revenue, for the purpose of determining the amount of the state license fee imposed by NRS 463.370, the [total] amount of the commission deducted from off-track pari-mutuel wagering [before it is divided in any manner.]
κ1989 Statutes of Nevada, Page 711 (CHAPTER 344, SB 455)κ
NRS 463.370, the [total] amount of the commission deducted from off-track pari-mutuel wagering [before it is divided in any manner.] received by it.
Sec. 3. NRS 465.090 is hereby amended to read as follows:
465.090 1. It is unlawful for any person [, firm or corporation] to furnish or disseminate any information in regard to racing or races, from any point within this state to any point outside the State of Nevada, by [means of] telephone, telegraph, teletype, radio or any signaling device, with the intention that [such] the information is to be used to induce betting or wagering on the result of [such] the race or races, or with the intention that [such] the information is to be used to decide the result of any bet or wager made upon [such] the race or races.
2. This section does not prohibit [newspapers] :
(a) A newspaper of general circulation from printing and disseminating news concerning races that are to be run or the results of races that have been run [.] ; or
(b) The furnishing or dissemination of information concerning wagers made in an off-tract pari-mutuel system of wagering approved by the Nevada gaming commission.
3. Any person who violates the provisions of this section 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.
________
Senate Bill No. 404Committee on Commerce and Labor
CHAPTER 345
AN ACT relating to financial institutions; authorizing transaction fees charged for the use of mechanical tellers or other electronic terminals; requiring the disclosure of such fees; requiring that customers receive a record of certain transactions involving a mechanical teller or other electronic terminal; providing the information that must be included on that record; authorizing financial institutions to share mechanical tellers and other electronic terminals; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 660 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A financial institution may operate one or more electronic terminals in this state.
2. For the purposes of NRS 660.045 to 660.095, inclusive, this Title and Title 56 of NRS, an electronic terminal is not a branch office of a financial institution organized under the provisions of this Title or Title 56 of NRS.
Sec. 3. 1. A financial institution operating an electronic terminal may charge a transaction fee to the customer using the electronic terminal if the transaction fee is disclosed:
κ1989 Statutes of Nevada, Page 712 (CHAPTER 345, SB 404)κ
(a) On a sign posted on or in clear view of the electronic terminal; and
(b) Electronically during the course of the transaction so as to permit the customer to cancel the transaction without incurring the transaction fee.
2. For each transaction processed by an electronic terminal, except for a transaction involving a negotiable instrument that is its own receipt, the electronic terminal must, at the time of the transaction, make available to the customer a machine processed or handwritten record of each transaction. The record must include:
(a) The amount of the transaction. A fee for the transaction may be included in this amount if the electronic terminal is owned or operated by a person other than the financial institution that holds the customers account if the fee is disclosed on the record of the transaction and on a sign posted on or in clear view of the electronic terminal.
(b) The date of the transaction.
(c) The type of transaction and the type of account to or from which money is transferred. Codes may be used for this purpose if they are explained on the record of the transaction.
(d) A number or code that identifies the customer, the customers account number or the device used to access the electronic terminal.
(e) The location of the electronic terminal, or a number or code identifying that location.
(f) The name of each third party to or from whom money is transferred, if the name provided by the customer can be reproduced by the electronic terminal on the record of the transaction. A code may be used for this purpose only if it is explained on the record of the transaction.
Sec. 4. The provisions of this chapter relating to the electronic transfer of money must be construed in a manner which is consistent with, and which is not less restrictive than, the Electronic Fund Transfer Act, 15 U.S.C. §§ 1693-1693r, inclusive.
Sec. 5. NRS 660.045 is hereby amended to read as follows:
660.045 As used in NRS 660.045 to 660.095, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires:
1. Electronic terminal means an electronic device, other than a telephone operated by a customer, through which a customer may initiate an electronic transfer of money. The term includes, but is not limited to, mechanical tellers.
2. Electronic transfer of money means any transfer of money, other than a transaction initiated by a check, draft or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account.
3. Financial institution means a bank, savings and loan association, thrift company or credit union regulated pursuant to this Title or Title 56 of NRS.
[2.] 4. Mechanical teller means an electronic [or electromechanical device] terminal used by a financial institution to effectuate transactions solely between itself and its customers. The term does not include any device used solely to guarantee the payment of a check or to authorize or verify the issuance of a check.
κ1989 Statutes of Nevada, Page 713 (CHAPTER 345, SB 404)κ
Sec. 6. NRS 660.095 is hereby amended to read as follows:
660.095 1. A financial institution may share the space in an office for mechanical tellers or may share use of a mechanical teller with [another financial institution] other financial institutions or such other persons as the commissioner may approve.
2. A financial institution may share the use of its electronic terminals with other financial institutions or such other persons as the commissioner may approve.
3. An agreement to share mechanical tellers or electronic terminals may not prohibit, limit or restrict the right of a financial institution to charge a customer any fees allowed by state or federal law, or require a financial institution to limit or waive its rights or obligations under this chapter.
Sec. 7. The amendatory provisions of section 6 of this act apply to all agreements to share the use of mechanical tellers or other electronic terminals in existence on or entered into after the effective date of that section.
Sec. 8. 1. This section and sections 6 and 7 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, of this act become effective 30 days after passage and approval of this act.
________
Assembly Bill No. 542Assemblymen Dini, Spinello, Nevin, Banner, Price, Myrna Williams, Sedway, Adler, Jeffrey, Schofield, Kissam, Arberry, Fay, Chowning, Evans, Diamond, Sheerin, Gaston, Callister, Sader, Garner, Thompson, Brookman, Triggs, Wendell Williams, Freeman, Wisdom, Regan, Swain, Bergevin and Kerns
CHAPTER 346
AN ACT relating to taxation; requiring each county assessor to mail forms to certain persons for the renewal of tax exemptions by mail; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.080 is hereby amended to read as follows:
361.080 1. The property of widows and orphan children, not to exceed the amount of $1,000 assessed valuation, [shall be] is exempt from taxation, but not such exemption [shall] may be allowed to anyone but actual bona fide residents of this state, and [shall] must be allowed in but one county in this state to the same family.
2. For the purpose of this section, property in which [such person] the widow or orphan child has any interest shall be deemed the property of [such person.] the widow or orphan child.
3. The person [or persons] claiming such an exemption shall file with the county assessor an affidavit declaring [such residence] his residency and that [such] the exemption has been claimed in no other county in this state for that year.
κ1989 Statutes of Nevada, Page 714 (CHAPTER 346, AB 542)κ
[such] the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
Sec. 2. NRS 361.085 is hereby amended to read as follows:
361.085 1. The property [, including community property to the extent only of his or her right or interest therein,] of all totally blind persons, not to exceed the amount of $3,000 of assessed valuation, [shall be] is exempt from taxation, including community property to the extent only of the totally blind persons interest therein, but no such exemption [shall] may be allowed to anyone but actual bona fide residents of this state, and [shall] must be allowed in but one county in this state to the same family.
2. The person [or persons] claiming such an exemption shall file with the county assessor an affidavit declaring [such residence] his residency and that [such] the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
3. Upon first claiming [such] the exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a totally blind person.
[2.] 4. As used in [subsection 1,] this section, totally blind persons includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 3. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.
3. The exemption may be allowed only to a claimant who files an affidavit annually, on or before November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the secured tax roll, but the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
κ1989 Statutes of Nevada, Page 715 (CHAPTER 346, AB 542)κ
the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof, of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 4. NRS 361.091 is hereby amended to read as follows:
361.091 1. An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption may be allowed only to a claimant who has made an affidavit annually, on or before November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state.
κ1989 Statutes of Nevada, Page 716 (CHAPTER 346, AB 542)κ
the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Veterans Administration or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
Sec. 5. NRS 371.101 is hereby amended to read as follows:
371.101 1. Vehicles registered by widows and orphan children, not to exceed the amount of $1,000 determined valuation, are exempt from taxation, but the exemption [shall] must not be allowed to anyone but actual bona fide residents of this state, and [shall] must be filed in but one county in this state to the same family.
2. For the purposes of this section, vehicles in which [such person] the widow or orphan child has any interest shall be deemed to belong entirely to that [person.] widow or orphan child.
3. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring [such residence] his residency and that the exemption has been claimed in no other county in this state for that year.
κ1989 Statutes of Nevada, Page 717 (CHAPTER 346, AB 542)κ
this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
Sec. 6. NRS 371.102 is hereby amended to read as follows:
371.102 1. Vehicles registered by a totally blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption [shall] must not be allowed to anyone but actual bona fide residents of this state, and [shall] must be filed in but one county in this state to the same family.
2. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring [such residence] his residency and that the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
3. Upon first claiming such exemption in a county the claimant shall furnish to the department a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a totally blind person.
[2.] 4. As used in [subsection 1,] this section totally blind person includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20Ί.
Sec. 7. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between July 1, 1961, and May 7, 1975,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.
3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.
κ1989 Statutes of Nevada, Page 718 (CHAPTER 346, AB 542)κ
other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
5. Before allowing any veterans exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
6. If any person files a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 8. NRS 371.104 is hereby amended to read as follows:
371.104 1. An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veterans exemption from the payment of vehicle privilege taxes on vehicles of the following determined valuations:
(a) If he has a disability of 100 percent, the first $10,000 of determined valuation;
(b) If he has a disability of 80 to 99 percent, inclusive, the first $7,500 of determined valuation; or
(c) If he has a disability of 60 to 79 percent, inclusive, the first $5,000 of determined valuation.
2. For the purpose of this section, the first $10,000 determined valuation of vehicles in which an applicant has any interest shall be deemed to belong entirely to that person.
3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of the applicants status, and for that purpose shall require production of:
κ1989 Statutes of Nevada, Page 719 (CHAPTER 346, AB 542)κ
(a) A certificate from the Veterans Administration that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
5. A surviving spouse claiming an exemption pursuant to this section must file with the department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.
7. If any person makes a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
________
Assembly Bill No. 669Assemblyman Callister (by request)
CHAPTER 347
AN ACT relating to the lease of a vehicle; clarifying the conditions under which information concerning a certain limitation of liability must be sent to a lessee in a notice of intent to establish the residual value of the vehicle; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 100.155 is hereby amended to read as follows:
100.155 1. The lessor shall give the lessee written notice of his intention to establish the residual value of the vehicle under the vehicle lease or commercial vehicle lease at least 15 days before that action is taken. The notice must be given in person to the lessee or sent by mail to the address of the lessee shown on the lease, or to his last known address, unless the lessee has notified the lessor in writing of a different address.
κ1989 Statutes of Nevada, Page 720 (CHAPTER 347, AB 669)κ
2. The notice must:
(a) List separately any actual or estimated charges due under the vehicle lease or commercial vehicle lease as of the date of the notice, notwithstanding any possible limitations on the liability of the lessee provided by the Consumer Leasing Act of 1976 (15 U.S.C. § 1667(b));
(b) Inform the lessee that he has the right to submit a written bid for the purchase of the vehicle before its value is established; and
(c) Inform the lessee of the probable residual value of comparable vehicles on the date of the notice as estimated in the then current version of the Kelley Blue Book or its equivalent.
3. If the lease is not in default [, or if the lease] and has not been terminated before its scheduled expiration, the notice must also inform the lessee that his maximum total liability under the vehicle lease or commercial vehicle lease is limited to three times the average payment allocable to a monthly period under the lease if the estimated residual value exceeds the actual residual value and the difference is not the result of physical damage to the vehicle beyond reasonable wear and use or to excessive use.
________
Assembly Bill No. 841Committee on Judiciary
CHAPTER 348
AN ACT relating to the Uniform Commercial Code; clarifying the effective date of Article 2A concerning leases; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 56 of chapter 166, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 56. 1. An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. In a lease that is not a consumer lease, by the original lease contract the parties may reduce the period of limitation to not less than one year.
2. A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.
3. If an action commenced within the time limited by subsection 1 is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
κ1989 Statutes of Nevada, Page 721 (CHAPTER 348, AB 841)κ
resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
4. This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before [October 1, 1989.] January 1, 1990.
Sec. 2. Chapter 166, Statutes of Nevada 1989, is hereby amended by adding thereto a new section designated section 87, following section 86, to read as follows:
Sec. 87. This act becomes effective on January 1, 1990.
Sec. 3. This act becomes effective upon passage an approval.
________
Senate Bill No. 311Committee on Government Affairs
CHAPTER 349
AN ACT relating to municipal airports; authorizing a municipality that operates certain airports or similar facilities to allow residential occupancy of certain property acquired by it; authorizing such municipalities to enter into contracts for the sale of certain revenue bonds or securities for delivery in the future; and providing other matters properly relating thereto.
[Approved June 15, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 496.090 is hereby amended to read as follows:
496.090 1. In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, the municipality may, except as limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into [contracts,] :
(a) Contracts, leases and other arrangements with any persons:
[(a)] (1) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility thereof, or space therein, for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.
[(b)] (2) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility or other facilities.
[(c)] (3) Making available services to be furnished by the municipality or its agents or by other persons at the airport or air navigation facility or other facilities.
[(d)] (4) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.
(5) Allowing residential occupancy of property acquired by the municipality.
κ1989 Statutes of Nevada, Page 722 (CHAPTER 349, SB 311)κ
(b) Contracts for the sale of revenue bonds or other securities whose issuance is authorized by the Local Government Securities Law or NRS 496.150 or 496.155, for delivery within 10 years after the date of the contract.
2. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.
3. As an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a period not exceeding 40 years, upon such terms and conditions as the governing body deems proper.
4. Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in some paper of general circulation within the municipality at least once a week for 30 days. The notice must specify a regular meeting of the governing body to be held after completion of such publication, at which meeting any interested person may appear. No such contract, lease or other arrangement may be entered into by the municipality until after the publication and meeting provided in this subsection.
5. Any member of a municipalitys governing body may vote on any such contract, lease, or other arrangement notwithstanding the fact that the term of the contract, lease or other arrangement may extend beyond his term of office.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 712Assemblymen Thompson, Nevin, Jeffrey, Carpenter, Wisdom, Diamond, Fay, Banner, Gaston, Myrna Williams, McGaughey, Sedway, Regan, Spinello and Schofield
CHAPTER 350
AN ACT relating to employment practices; prohibiting certain employers from requiring an employee or a prospective employee to submit to a lie detector test; prohibiting an employer from taking any adverse employment action based upon the results of a lie detector test or the refusal of an employee to take a lie detector test; authorizing the use of polygraphic examinations under certain circumstances; providing penalties; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
κ1989 Statutes of Nevada, Page 723 (CHAPTER 350, AB 712)κ
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.
2. Lie detector means a polygraph, voice stress analyzer, psychological stress evaluator or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.
3. Polygraph means an instrument that:
(a) Visually, permanently and simultaneously records cardiovascular activity, respiratory activity and changes in skin resistance; and
(b) Is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the veracity of any statement made by the person examined.
4. Polygraphic examination means a test administered with a polygraph.
Sec. 3. Except as otherwise provided in section 9 of this act, it is unlawful for any employer in this state to:
1. Directly or indirectly, require, request, suggest or cause any employee or prospective employee to take or submit to any lie detector test;
2. Use, accept, refer to or inquire concerning the results of any lie detector test of any employee or prospective employee;
3. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee:
(a) Who refuses, declines or fails to take or submit to any lie detector test; or
(b) On the basis of the results of any lie detector test; or
4. Discharge, discipline, discriminate against in any manner, deny employment or promotion to or threaten to take any such action against any employee or prospective employee who has:
(a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to sections 2 to 9, inclusive, of this act;
(b) Testified or may testify in any legal proceeding instituted pursuant to sections 2 to 9, inclusive, of this act; or
(c) Exercised his rights, or has exercised on behalf of another person the rights afforded him pursuant to sections 2 to 9, inclusive, of this act.
Sec. 4. 1. The labor commissioner:
(a) May adopt any regulations necessary or appropriate to carry out the provisions of sections 2 to 9, inclusive, of this act; and
(b) Shall prepare and distribute to employers in this state, a notice setting forth a summary of the provisions of sections 2 to 9, inclusive, of this act.
2. Each employer shall post and maintain the notice in a conspicuous location at the place of employment where notices to employees and applicants for employment are customarily posted and read.
Sec. 5. 1. The labor commissioner may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $9,000 for each violation of any provision of sections 2 to 9, inclusive, of this act.
κ1989 Statutes of Nevada, Page 724 (CHAPTER 350, AB 712)κ
violation of any provision of sections 2 to 9, inclusive, of this act. In determining the amount of any penalty, the labor commissioner shall consider the previous record of the person committing the violation in terms of compliance with sections 2 to 9, inclusive, of this act, and the gravity of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to sections 2 to 9, inclusive, of this act.
2. The labor commissioner may bring an action pursuant to this section to restrain violations of sections 2 to 9, inclusive, of this act. A court of competent jurisdiction may issue, without bond, a temporary or permanent restraining order or injunction to require compliance with sections 2 to 9, inclusive, of this act, including any legal or equitable relief incident thereto as may be appropriate, such as employment of a prospective employee, reinstatement or promotion of an employee and the payment of lost wages and benefits.
Sec. 6. 1. An employer who violates the provisions of the sections 2 to 9, inclusive, of this act, is liable to the employee or prospective employee affected by the violation. The employer is liable for any legal or equitable relief as may be appropriate, including employment of a prospective employee, reinstatement or promotion of an employee and the payment of lost wages and benefits.
2. An action to recover the liability pursuant to subsection 1 may be maintained against the employer by an employee or prospective employee:
(a) For or on behalf of the employee or prospective employee; and
(b) On behalf of other employees or prospective employees similarly situated.
An action must not be commenced pursuant to this section more than 3 years after the date of the alleged violation.
3. In any action brought pursuant to this section, the court, in its discretion, may allow the prevailing party reasonable costs, including attorneys fees.
Sec. 7. Unless stipulated in a written settlement agreement signed by all parties to a pending action or complaint filed pursuant to sections 2 to 9, inclusive, of this act, any waiver of the rights and procedures provided by sections 2 to 9, inclusive, of this act, is against public policy and is void.
Sec. 8. The provisions of sections 2 to 9, inclusive, of this act, do not apply to this state or any political subdivision of this state.
Sec. 9. 1. Except as otherwise provided in subsection 2, the following are exempt from the provisions of sections 2 to 8, inclusive, of this act:
(a) Any employer who requests an employee to submit to a polygraphic examination if:
(1) The examination is administered in connection with an ongoing investigation involving economic loss or injury to the employers business, including theft, embezzlement, misappropriation or an act of unlawful industrial espionage or sabatoge;
(2) The employee had access to the property that is the subject of the investigation;
(3) The employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and
κ1989 Statutes of Nevada, Page 725 (CHAPTER 350, AB 712)κ
(4) The employer provides to the employee, before the examination, a written statement that:
(I) Sets forth with particularity the specific incident or activity being investigated;
(II) Is signed by the employer or an agent of the employer;
(III) Is retained by the employer for at least 3 years; and
(IV) Contains an identification of the specific economic loss or injury to the business, a statement indicating that the employee had access to the property and a statement describing the basis of the employers reasonable suspicion that the employee was involved in the incident.
(b) The use of polygraphic examinations on prospective employees who would be employed to protect:
(1) Facilities, materials or operations having a significant impact on the health or safety of this state or any political subdivision of this state; or
(2) Currency, negotiable securities, precious commodities or instruments or proprietary information,
requested by the potential employer whose primary business is to provide armored car personnel, personnel engaged in the design, installation and maintenance of security alarm systems or other security personnel.
(c) The use of a polygraphic examination by any employer authorized to manufacture, distribute or dispense a controlled substance if:
(1) The examination is administered to a prospective employee who would have direct access to the manufacture, storage, distribution or sale of any controlled substance; or
(2) The examination is administered to a current employee in connection with an ongoing investigation of misconduct involving a controlled substance manufactured, distributed or dispensed by the employer if the employee had access to the property that is the subject of the investigation.
2. The exemptions provided in subsection 1 are applicable only if:
(a) The polygraphic examination is administered by a person who holds a valid license as a polygraphic examiner or intern or is qualified as a polygraphic examiner and is exempt from the requirement of licensing pursuant to the provisions of chapter 648 of NRS; and
(b) The results of a polygraphic examination or the refusal to take a polygraphic examination is not used as the sole basis upon which an adverse employment action is taken against an employee or prospective employee.
________
κ1989 Statutes of Nevada, Page 726κ
Senate Bill No. 271Committee on Commerce and Labor
CHAPTER 351
AN ACT relating to public utility regulation; allowing a local government which provides water services to use the facilities of a public utility under certain circumstances; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission may, upon application of a local government which provides water services, issue an order directing a public utility which has facilities for the treatment and transmission of water to allow the local government to use the facilities to treat, transport or exchange water, or any combination thereof, to service connections not served by the public utility. The order may require the public utility to do everything reasonably necessary, as determined by the commission, to treat, transport or exchange water. The commission shall determine the rates and charges to be paid by the local government to the public utility for the services provided. In making this determination, the commission shall consider all direct and indirect costs attributable to the treatment, transportation or exchange of water. The order may impose conditions and requirements on the local government and public utility to ensure that customers of the utility continue to receive at just and reasonable rates, an adequate supply of water.
2. A local government which files an application with the commission pursuant to subsection 1 shall file a copy of that application with each city planning commission of an affected incorporated city and with the regional planning commission of an affected county, if one exists, for its review and comment.
3. The provisions of this section do not preclude any local government from bringing an action pursuant to chapter 37 of NRS for the same purpose for which a local government is allowed to use the facilities of a public utility pursuant to this section.
Sec. 2. NRS 703.377 is hereby amended to read as follows:
703.377 1. No certificate of public convenience and necessity, permit or license issued in accordance with the terms of NRS [704.010] 704.005 to 704.751, inclusive, and section 1 of this act, or 706.011 to 706.791, inclusive, is either a franchise or irrevocable.
2. The commission may at any time, for good cause shown, after investigation and hearing and upon 5 days written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, for a period not to exceed 60 days.
3. Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license , but as to a public utility only if the commission has arranged for another public utility to provide the service for which the certificate was granted. If service of the notice [provided in] required by subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke the certificate, permit or license without a hearing.
κ1989 Statutes of Nevada, Page 727 (CHAPTER 351, SB 271)κ
be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke the certificate, permit or license without a hearing.
4. The proceedings thereafter are governed by the provisions of NRS 703.373 to 703.376, inclusive.
Sec. 3. NRS 704.410 is hereby amended to read as follows:
704.410 1. Any public utility [coming within the terms of NRS 704.010] subject to the provisions of NRS 704.005 to 704.751, inclusive, and section 1 of this act, to [whom] which a certificate [or certificates] of public convenience and necessity [have] has been issued pursuant to NRS [704.010] 704.005 to 704.751, inclusive, and section 1 of this act, may transfer the certificate [or certificates to another] to any person qualified under NRS [704.010] 704.005 to 704.751, inclusive, [but no such] and section 1 of this act, but the transfer is not valid for any purpose until a joint application to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.
2. The commission may direct that a hearing be had in the matter of [such] the transfer. If the commission determines that a hearing should be held, the hearing must be noticed and conducted in [like] the same manner as other hearings before the commission.
3. The commission [shall have] has the sole discretion to direct that a hearing be held if the application seeks to transfer the certificate from a person or partners to a corporation when the officers of the corporation will be substantially the same person or partners.
4. The commission may dispense with a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.
5. In determining whether the transfer of a certificate [or certificates] of public convenience and necessity to an applicant transferee should [or should not] be authorized, the commission [shall] must take into consideration:
(a) The utility service performed by the transferor and the proposed utility service of the transferee;
(b) Other authorized utility services in the territory for which the transfer is sought; and
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS [704.010] 704.005 to 704.751, inclusive [.] , and section 1 of this act.
6. The commission may make such amendments, restrictions or modifications in a certificate [or certificates] upon transferring [the certificates] it as the public interest [may require.] requires.
7. No transfer is valid beyond the life of the certificate [or certificates] transferred.
8. No transfer of stock of public utility subject to the jurisdiction of the commission is valid without prior approval of the commission if the effect of the transfer would be to change corporate control of the public utility or if a transfer of 15 percent or more of the common stock of the public utility is proposed.
κ1989 Statutes of Nevada, Page 728 (CHAPTER 351, SB 271)κ
Sec. 4. NRS 704.635 is hereby amended to read as follows:
704.635 When a complaint has been filed with the commission alleging that a person is providing a service which requires a certificate of public convenience and necessity, or when the commission has reason to believe that any provision of NRS [704.020] 704.005 to 704.751, inclusive, and section 1 of this act, is being violated, the commission shall investigate the operation and [the commission] may, after a hearing, [make its] issue an order requiring that the person cease and desist from any operation in violation of NRS [704.020] 704.005 to 704.751, inclusive [.] , and section 1 of this act. The commission shall enforce the order under the powers vested in the commission by NRS [704.010] 704.005 to 704.751, inclusive, and section 1 of this act, or other law.
Sec. 5. NRS 704.640 is hereby amended to read as follows:
704.640 Any person who:
1. Operates any public utility to which NRS [704.010] 704.005 to 704.751, inclusive, and section 1 of this act, applies without first obtaining a certificate of public convenience and necessity or in violation of [the terms thereof;] its terms;
2. Fails to make any return or report required by NRS [704.010] 704.005 to 704.751, inclusive, and section 1 of this act, or by the commission [under the terms of NRS 704.010] pursuant to NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;
3. Violates, or procures, aids or abets the violating of any provision of NRS [704.010] 704.005 to 704.751, inclusive [;] , and section 1 of this act;
4. Fails to obey any order, decision or regulation of the commission;
5. Procures, aids or abets any person in his failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS [704.010] 704.005 to 704.751, inclusive, and section 1 of this act,
shall be fined not more than $500.
Sec. 6. NRS 704.660 is hereby amended to read as follows:
704.660 1. Any public utility which furnishes, for compensation, any water for domestic purposes shall furnish each city, town, village or hamlet which it serves with a reasonably adequate supply of water at reasonable pressure for fire protection and at reasonable rates, all to be fixed and determined by the commission.
2. The duty to furnish a reasonably adequate supply of water provided for in subsection 1 includes the laying of mains with all necessary connections for the proper delivery of the water for fire protection and also the installing of appliances to assure a reasonably sufficient pressure for fire protection.
3. The commission may fix and determine reasonable rates and prescribe all installations and appliances adequate for the proper utilization and delivery of water for fire protection. The commission may adopt regulations and practices to be followed by a utility in furnishing water for fire protection, and has complete jurisdiction of all questions arising under the provisions of this section.
4. All proceedings under this section must be conducted pursuant to NRS 703.320 to 703.370, inclusive, and [704.010 to 704.640, inclusive.] 704.005 to 704.645, inclusive, and section 1 of this act.
κ1989 Statutes of Nevada, Page 729 (CHAPTER 351, SB 271)κ
to 704.645, inclusive, and section 1 of this act. All violations of any order made by the commission under the provisions of this section are subject to the penalties for [like] similar violations of the provisions of NRS [704.010 to 704.640, inclusive.] 704.005 to 704.645, inclusive, and section 1 of this act.
5. This section applies to and governs all public utilities furnishing water for domestic use on March 26, 1913, unless otherwise expressly provided in the charters, franchises or permits under which those utilities are acting. Each public utility which supplies water for domestic uses after March 26, 1913, is subject to the provisions of this section, regardless of any conditions to the contrary in any charter, franchise or permit of whatever character granted by any county, city, town, village or hamlet within this state, or of any charter, franchise or permit granted by any authority outside this state.
________
Senate Bill No. 413Committee on Natural Resources
CHAPTER 352
AN ACT relating to wildlife; making various changes relating to the board of wildlife commissioners and the department of wildlife; allowing for consecutive periods of license revocation; providing the department of wildlife the option of selling or retaining unclaimed seized or confiscated property; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife; the entry, access to, and occupancy and use of such property, including leases of grazing rights; sale of agricultural products; and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
κ1989 Statutes of Nevada, Page 730 (CHAPTER 352, SB 413)κ
the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(d) The control of nonresident hunters.
(e) The introduction, transplanting or exporting of wildlife.
(f) Cooperation with federal, state and local agencies on wildlife and boating programs.
(g) [The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.
(h)] The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
Sec. 2. NRS 501.339 is hereby amended to read as follows:
501.339 The director may:
1. In cases of emergency, with the prior approval of the governor, exercise the powers of the commission until such time as the commission meets or the emergency ends.
2. Designate an employee or employees of the department to act as his deputy or deputies. In the directors absence or inability to discharge the powers and duties of his office, the powers and duties devolve upon his deputy or deputies.
3. Designate persons outside the department as game wardens if, in his opinion, the need for such designations exists . [and if the designations are made in accordance with the policy controlling such designations established by the commission.]
Sec. 3. NRS 501.387 is hereby amended to read as follows:
501.387 1. Except as provided in NRS 501.388, upon a conviction of a violation of any provision of this Title in addition to the penalty provided for such violation, the court may require the surrender of all licenses issued under the provisions of this Title and held by the convicted person.
κ1989 Statutes of Nevada, Page 731 (CHAPTER 352, SB 413)κ
such violation, the court may require the surrender of all licenses issued under the provisions of this Title and held by the convicted person.
2. Upon the second such conviction within 5 years, the court:
(a) Shall require the surrender of all such licenses so held; and
(b) May recommend to the commission that no license be issued to the person for any period not to exceed 2 years . [after the date of the conviction.] Upon receipt of any recommendation from the court as provided in this paragraph , [(b),] the commission may refuse to issue any license to the convicted person during the period recommended by the court.
3. The commission, on its own initiative, may refuse to issue any license to a person, twice convicted within 5 years, for any period not to exceed 2 years . [after the date of the conviction.]
4. In addition to the penalty provided for the violation of any of the provisions of this Title, the court may cause to be confiscated all wildlife taken or possessed by the violator. All confiscated wildlife must be disposed of as directed by the court.
Sec. 4. NRS 501.389 is hereby amended to read as follows:
501.389 1. Equipment seized as evidence in accordance with NRS 501.375 and not recovered by the owner within 1 year from the date of seizure [may be kept under the control of the court until July 1 or December 31 next following and then sold at public auction sale to the highest bidder by the justice of the peace or other judicial officer.
2. Before any such sale, notice of the time and place thereof must be given by publication in a newspaper published nearest to the place of sale and by posting three notices, one at the courtroom of the court and the others in conspicuous public places. Such a notice must be published at least once and posted no less than 10 days before the date of sale.] or equipment ordered confiscated by a court of competent jurisdiction becomes the property of the department.
2. The department of wildlife must either sell such equipment in accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220 or retain such equipment for authorized use by the department. All money received from such sales must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
3. Any person of lawful age and lawfully entitled to reside in the United States may purchase the equipment, whether a prior owner or not.
Sec. 5. NRS 503.010 is hereby amended to read as follows:
503.010 1. It is unlawful to molest, rally, stir up or drive any game animals or game birds with any aircraft, helicopter, motor-driven vehicle, including a snowmobile, motorboat or sailboat.
2. Except as provided in this subsection, it is unlawful to shoot at any game animals or game birds with any weapon from any aircraft, helicopter or motor-driven vehicle, including a snowmobile. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes his walking may shoot from any stopped motor vehicle which is not parked on the traveled portion of a public highway, but he may not shoot from, over or across any highway or road specified in NRS 503.175.
κ1989 Statutes of Nevada, Page 732 (CHAPTER 352, SB 413)κ
3. It is unlawful to spot or locate game animals or game birds with any kind of aircraft or helicopter and communicate this information by any means to a person on the ground for the purpose of hunting or trapping.
4. It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when the cargo or passengers or both are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the federal or state government or by a county or municipal government or when the loading or unloading is done in the course of an emergency or search and rescue operation.
Sec. 6. NRS 503.040 is hereby amended to read as follows:
503.040 1. Except as provided in this section, it is unlawful for any person at any time to transport or offer for transportation to any place within or outside of this state any game animal, raw furs, wild animal taken by trapping, game bird or game fish taken within this state.
2. Any person who has legally taken any game animal, raw furs, wild animal taken by trapping, game bird or game fish within this state may use his hunting license, trapping license or fishing license or tag or stamp, when required, as a permit to transport one possession limit to points within or outside the state.
3. Any person who legally acquires ownership or custody of any game animal, raw furs, wild animal taken by trapping, game bird or game fish not taken by him through hunting, trapping or fishing may transport such animal, furs, bird or fish within the state without a transportation permit if such shipment does not exceed one possession limit and if such shipment is labeled with the name, address, number and class of license of the hunter, trapper or fisherman who legally took such animal, furs, bird or fish and date taken, if the animal, furs, bird or fish is not required by law or regulation to be tagged. Unless otherwise permitted by a regulation of the commission, when tagged shipments are involved, a transportation permit is required as provided in this section.
4, Any other person who desires to transport any game animal, raw furs, wild animal taken by trapping, game fish or game bird to a point within or without the state may do so only under the authority of a transportation permit as provided in this section.
5. The department shall designate the form of the transportation permit and such permits may be issued for a fee of $1 by any game warden or other such persons as may be specifically designated by the department. The person legally in possession of the game animals, raw furs, wild animals taken by trapping, game birds or game fish to be transported [and the person transporting them] must appear before the issuing agent to obtain a transportation permit. The permit must describe the wildlife to be transported and identify by name, address, license number and class the person who legally took the furs or wildlife and by name and address the person transporting it. Whenever raw furs or wildlife is to be transported by the postal service or by common carrier, freight or express agency, such an agency may be designated by name [and need not appear as an applicant for the issuance of a permit.] alone.
κ1989 Statutes of Nevada, Page 733 (CHAPTER 352, SB 413)κ
6. Game animals, raw furs, wild animals taken by trapping, game birds or game fish transported to another person shall be deemed to be in the legal possession of the person making shipment until actual delivery is made.
7. Any package or container in which game birds, raw furs, wild animals taken by trapping, game animals or game fish are being transported by common carrier must have the name and address of the shipper and of the consignee and an accurate statement of the number and kinds of game birds, raw furs, wild animals taken by trapping, game animals or game fish contained therein attached to the outside thereof.
8. The commission may limit the number of shipments by any one person in any one season of any kind of game bird, game animal or game fish.
________
Senate Bill No. 253Senator Jacobsen
CHAPTER 353
AN ACT relating to industrial insurance; providing industrial insurance coverage for offenders engaged in work in a prison industry program; requiring the state industrial insurance system to adopt regulations to provide such coverage; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any offender confined at the state prison, while engaged in work in a prison industry program, whether the prison industry program is operated by an institution of the department of prisons or by a private employer, is entitled to coverage under the modified program of industrial insurance established by regulations adopted by the system when the director of the department of prisons requests such coverage and complies with the provisions of the regulations, and coverage is approved by the system.
2. An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the system. The offender is not entitled to any rights and remedies established by the provisions of chapters 616 and 617 of NRS.
3. The system shall, in cooperation with the department of prisons and the risk management division of the department of administration, adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a prison industry program.
Sec. 2. 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 734 (CHAPTER 353, SB 253)κ
for the leasing of space, facilities or equipment within the institutions or facilities of the department of prisons.
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. The director shall expend money deposited in this fund to pay to the state industrial insurance system the premiums required for coverage of offenders under the modified program of industrial insurance adopted pursuant to section 1 of this act.
4. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 3. The state industrial insurance system shall adopt regulations setting forth a modified program of industrial insurance to provide limited coverage to offenders pursuant to section 1 of this act on or before January 1, 1990.
Sec. 4. 1. This section and section 3 of this act become effective on October 1, 1989.
2. Sections 1 and 2 of this act become effective on January 1, 1990.
________
Senate Bill No. 157Senator Rhoads
CHAPTER 354
AN ACT making an appropriation to the Nevada racing commission for the payment of certain operating expenses; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Nevada racing commission the sum of $7,700 for the payment of certain operating expenses.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1990, 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 735κ
Senate Bill No. 156Senators Mello, Joerg, Raggio, Hickey, Jacobsen, Beyer, Rawson, Rhoads, Neal, Horn, Townsend, Titus, Shaffer, Smith, Vergiels, Wagner, Malone, Coffin, Getto, ODonnell and OConnell
CHAPTER 355
AN ACT making an appropriation to the Nevada state railroad museum in Carson City of the department of museums and history for the payment of expenses related to facility improvements; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Nevada state railroad museum, in Carson City, of the department of museums and history the sum of $107,000 for the payment of expenses related to facility improvements.
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. 822Assemblyman Spriggs
CHAPTER 356
AN ACT relating to the City of Gabbs; amending the charter of the City of Gabbs to create an annexation commission and the position of clerk of the municipal court; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.040 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 385, is hereby amended to read as follows:
Sec. 1.040 Annexations. [The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.]
1. There is hereby created the city annexation commission.
2. The number, qualifications, terms and selection of the members of the commission must be determined by the board of councilmen.
κ1989 Statutes of Nevada, Page 736 (CHAPTER 356, AB 822)κ
3. The commission has all the powers and duties of a city annexation commission created pursuant to NRS 268.626 with respect to annexations to the city.
Sec. 2. Section 1.090 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 386, is hereby amended to read as follows:
Sec. 1.090 Appointive offices.
1. The board of councilmen of the city may appoint the following officers:
(a) City clerk.
(b) Municipal judge.
(c) City treasurer.
(d) City attorney.
(e) City auditor.
(f) City marshal.
(g) Clerk of the municipal court.
2. The board of councilmen shall establish such other offices as it may deem necessary.
Sec. 3. Section 4.020 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, as amended by chapter 208, Statutes of Nevada 1985, at page 674, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Municipal judge [.] and clerk of municipal court. The salary of the municipal judge and the clerk of the municipal court must be fixed by the board of councilmen.
________
Assembly Bill No. 72Committee on Natural Resources, Agriculture and Mining
CHAPTER 357
AN ACT relating to air pollution; providing a criminal penalty for the nonpayment of an administrative fine imposed for violating certain laws; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.601 is hereby amended to read as follows:
445.601 1. [Any] Except as otherwise provided by subsection 4, any person who violates any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation in force pursuant thereto, other than NRS 445.576 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation in force pursuant thereto.
κ1989 Statutes of Nevada, Page 737 (CHAPTER 357, AB 72)κ
445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, by injunction or other appropriate remedy, and the commission or the director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
4. Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.
5. All administrative fines collected by the commission pursuant to this section shall be deposited in the county school district fund of the county where the violation occurred.
________
Assembly Bill No. 342Assemblymen Jeffrey and Price
CHAPTER 358
AN ACT relating to generators of electricity; prescribing the procedures for their installation; requiring certain notices to explain the procedures for installation and to warn of the hazards of those generators; providing a penalty; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this chapter, public utility means any person who furnishes electricity to other persons. The term includes municipal utilities but does not include persons who furnish electricity only in emergencies or persons described in subsection 6 of NRS 704.030.
Sec. 3. 1. Any portable generator of electricity capable of being connected temporarily to an electrical system that is normally furnished electricity by a public utility may be connected after the main switch of the system has been opened to isolate that electrical system from the public utilitys system for distribution of electricity.
2. Any generator of electricity capable of being permanently connected to an electrical system, except for a generator of electricity designed to run in parallel with a public utilitys system for distribution of electricity, must be connected by means of a double-throw switch that isolates that electrical system from the public utilitys system. The provisions of this section do not apply until the service connection from the public utility to the customer is installed.
κ1989 Statutes of Nevada, Page 738 (CHAPTER 358, AB 342)κ
apply until the service connection from the public utility to the customer is installed.
Sec. 4. 1. Every manufacturer of a generator of electricity capable of being connected either permanently or temporarily to an electrical system must:
(a) Include a statement in the instruction manual for the generator; and
(b) Attach to the generator a legible label,
explaining the requirements for installation of the generator and warning of the hazard of backfeed into a public utilitys system for distribution of electricity. Any advertisement offering to rent or sell a portable generator of electricity must contain the same information.
2. No person, government, governmental agency or political subdivision may sell, rent or offer to sell or rent a portable generator of electricity unless the label prescribed in subsection 1 is on a visible surface of the generator.
Sec. 5. Each public utility shall notify all of its customers of the hazard of electrical backfeed caused by a generator of electricity.
Sec. 6. Any person who violates a provision of section 2, 3 or 4 of this act, is guilty of a misdemeanor.
________
Assembly Bill No. 457Assemblymen Wisdom, Evans, Kissam, Bogaert, Diamond, Kerns, Thompson, Nevin, Myrna Williams, McGaughey, Freeman, Swain, Garner, Adler, Schofield, Triggs, Chowning, McGinness, Carpenter, Spinello, Lambert and Bergevin
CHAPTER 359
AN ACT relating to insurance; prohibiting an insurance company from issuing a policy of insurance which discriminates against an adopted child; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 689A.030 is hereby amended to read as follows:
689A.030 A policy of health insurance must not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:
1. The entire money and other considerations [therefor] for the policy must be expressed therein.
2. The time when the insurance takes effect and terminates must be expressed therein.
3. It must purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth , adoption or placement for the purpose of adoption as provided in NRS 689A.043, or any children under a specified age which must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder.
κ1989 Statutes of Nevada, Page 739 (CHAPTER 359, AB 457)κ
which must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder.
4. The style, arrangement and overall appearance of the policy must not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers must be plainly printed in light-faced type of a style in general use, the size of which must be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points. Text includes all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions.
5. The exceptions and reductions of indemnity must be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, must be printed, at the insurers option, with the benefit provision to which they apply or under an appropriate caption such as Exceptions or Exceptions and Reductions, except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies.
6. Each such form, including riders and endorsements, must be identified by a number in the lower left-hand corner of the first page thereof.
7. The policy must not contain any provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless that portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short-rate table filed with the commissioner.
8. The policy must provide benefits for expense arising from care at home or health supportive services if that care or service was prescribed by a physician and would have been covered by the policy if performed in a medical facility or facility for the dependent as defined in chapter 449 of NRS.
9. The policy must provide, at the option of the applicant, benefits for expenses incurred for the treatment of abuse of alcohol or drugs, unless the policy provides coverage only for a specified disease or provides for the payment of a specific amount of money if the insured is hospitalized or receiving health care in his home.
10. If the policy provides coverage for services rendered by a hospital, other medical facility, facility for the dependent or other similar services it must provide coverage for such services when rendered by a hospice.
Sec. 2. NRS 689A.043 is hereby amended to read as follows:
689A.043 1. All individual health insurance policies providing family coverage on an expense-incurred basis [shall] must as to family members coverage provide that the health benefits applicable for children [shall be] are payable with respect to [a] :
(a) A newly born child of the insured from the moment of birth [.] ;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the insured for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
κ1989 Statutes of Nevada, Page 740 (CHAPTER 359, AB 457)κ
are terminated as certified by the public or private agency making the placement.
The policies [shall] must provide the coverage specified in subsection 3 and [shall] must not exclude premature births.
2. [If payment of a specific premium or subscription fee is required to provide coverage for a child, the] The policy or contract may require that notification of :
(a) The birth of a newly born child ;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
and payments of the required premium or fees , if any, must be furnished to the insurer within 31 days after the date of birth , adoption or placement for adoption in order to have coverage continue beyond [such] the 31-day period.
3. The coverage for newly born and adopted children [shall consist] and children placed for adoption consists of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by [such] the treatment center.
Sec. 3. NRS 689B.033 is hereby amended to read as follows:
689B.033 1. All group health insurance policies providing coverage on an expense-incurred basis and all employee welfare plans providing medical, surgical or hospital care or benefits established or maintained for employees or their families or dependents, or for both, [shall] must as to [such] the family members coverage provide that the health benefits applicable for children [shall be] are payable with respect to [a] :
(a) A newly born child of the insured from the moment of birth [.] ;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the insured for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
The policies [shall] must provide the coverage specified in subsection 3 and [shall] must not exclude premature births.
2. [If payment of a specific premium or subscription fee is required to provide coverage for a child, the] The policy or contract may require that notification of :
(a) The birth of a newly born child ;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
and payments of the required premium or fees , if any, must be furnished to the insurer or welfare plan within 31 days after the date of birth , adoption or placement for adoption in order to have the coverage beyond [such] the 31-day period.
κ1989 Statutes of Nevada, Page 741 (CHAPTER 359, AB 457)κ
3. The coverage for newly born and adopted children [shall consist] and children placed for adoption consists of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by [such] the treatment center.
Sec. 4. NRS 695B.193 is hereby amended to read as follows:
695B.193 1. All individual and group service or indemnity-type contracts issued by a nonprofit corporation which provide coverage for a family member of the subscriber [shall] must as to such coverage provide that the health benefits applicable for children [shall be] are payable with respect to [a] :
(a) A newly born child of the subscriber from the moment of birth [.] ;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the subscriber for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
The contracts [shall] must provide the coverage specified in subsection 3, and [shall] must not exclude premature births.
2. [If payment of a specific subscription fee is required to provide coverage for a child, the] The contract may require that notification of :
(a) The birth of a newly born child ;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
and payments of the required fees , if any, must be furnished to the nonprofit service corporation within 31 days after the date of birth , adoption or placement for adoption in order to have the coverage beyond [such] the 31-day period.
3. The coverage for newly born and adopted children [shall consist] and children placed for adoption consists of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by [such] the treatment center.
4. For covered services provided to the child, the corporation shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
Sec. 5. NRS 695C.173 is hereby amended to read as follows:
695C.173 1. All individual and group health care plans which provide coverage for a family member of the enrollee [shall] must as to such coverage provide that the health care services applicable for children [shall be] are payable with respect to [a] :
(a) A newly born child of the enrollee from the moment of birth [.] ;
κ1989 Statutes of Nevada, Page 742 (CHAPTER 359, AB 457)κ
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the enrollee for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
The plans [shall] must provide the coverage specified in subsection 3, and [shall] must not exclude premature births.
2. [If payment of a specific charge is required to provide coverage for a child, the] The evidence of coverage may require that notification of :
(a) The birth of a newly born child ;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
and payments of the required charge [shall] , if any, must be furnished to the health maintenance organization within 31 days after the date of birth , adoption or placement for adoption in order to have the coverage continue beyond [such] the 31-day period.
3. The coverage for newly born and adopted children [shall consist] and children placed for adoption consists of preventative health care services as well as coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by [such] the treatment center.
4. For covered services provided to the child, the health maintenance organization shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
Sec. 6. NRS 695D.210 is hereby amended to read as follows:
695D.210 1. Any policy which provides coverage for a dependent of a member must provide that benefits for children are payable for a members newly born child , adopted child or child placed with the member for the purpose of adoption to the same extent that [such] the coverage applies to other dependents.
2. [If a specific premium must be paid to provide coverage for a members child, the] The policy may require that to have coverage for the newly born child , adopted child or child placed for adoption continued beyond 31 days after the childs birth, adoption or placement, the member must notify the organization for dental care within 31 days after the birth [.] , adoption or placement.
3. For covered services provided to the child, the organization for dental care shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
κ1989 Statutes of Nevada, Page 743 (CHAPTER 359, AB 457)κ
Sec. 7. The amendatory provisions of this act apply only to policies of insurance issued or renewed on or after October 1, 1989.
________
Assembly Bill No. 680Committee on Labor and Management
CHAPTER 360
AN ACT relating to industrial insurance; authorizing the imposition of administrative sanctions against an employer who makes a false statement or fails to disclose a material fact concerning the amount of payroll upon which a premium is based; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.635 is hereby amended to read as follows:
616.635 [Any employer who misrepresents to the system or the administrator the amount of payroll upon which the premium under this chapter is based is liable to the system or the administrator in 10 times the amount of the difference in premium paid and the amount the employer should have paid. The liability of the employer must be enforced in a civil action in the name of the system or the administrator. All sums collected under this section must be paid into the state insurance fund or into the account of the administrator.]
1. If the manager finds that any employer or any employee, officer or agent of any employer has willfully made a false statement or has willfully failed to report a material fact concerning the amount of payroll upon which a premium is based, he shall make a determination thereon and charge the employers account an amount equal to three times the amount of the premium due. The manager shall mail a copy of his determination to the employer.
2. An employer who is aggrieved by the managers determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The manager shall hold a hearing within 30 days after he receives the request. The determination of the manager made pursuant to a hearing is a final decision for the purposes of judicial review.
________
κ1989 Statutes of Nevada, Page 744κ
Assembly Bill No. 706Committee on Ways and Means
CHAPTER 361
AN ACT relating to Nevada Magazine; extending the provision allowing Nevada Magazine to trade advertising services for travel services; authorizing Nevada Magazine to trade advertising services with other publications to promote the magazine; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.290 is hereby amended to read as follows:
231.290 1. The fund for the Nevada Magazine is hereby created as an enterprise fund.
2. All receipts from publication of the Nevada Magazine and from any other operation conducted by the magazine must be deposited with the state treasurer for credit to the fund, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the fund. Claims against the fund must be paid as other claims against the state are paid.
3. This section does not preclude Nevada Magazine from [effecting a trade of its service of advertising] trading advertising services for travel services which are required by Nevada Magazine or from trading its advertising services with other publications to promote Nevada Magazine if:
(a) A fair market value can be established for the services;
(b) The services are accounted for in the fund; and
(c) The state board of examiners approves the trade.
Sec. 2. Section 2 of chapter 365, Statutes of Nevada 1987, at page 834, is hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 783Assemblymen Wisdom, Chowning, Gibbons, Freeman, Lambert, Nevin, Diamond, Garner, Myrna Williams, Brookman and Carpenter
CHAPTER 362
AN ACT relating to the dissolution of marriage; requiring the court to consider the need to grant alimony to train or educate a spouse; and providing other matters properly relating thereto.
[Approved June 16, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.150 is hereby amended to read as follows:
125.150 1. In granting a divorce, the court:
κ1989 Statutes of Nevada, Page 745 (CHAPTER 362, AB 783)κ
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments; and
(b) Shall make such disposition of:
(1) The community property of the parties; and
(2) Any property placed in joint tenancy by the parties on or after July 1, 1979,
as appears just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by the divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.
2. In any proceeding to terminate a marriage, the court may partition property held by the parties in joint tenancy upon:
(a) Request of either party to the proceeding; or
(b) Its own motion.
3. Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorneys fee to either party to an action for divorce if those fees are in issue under the pleadings.
4. In granting a divorce, the court may also set apart such portion of the husbands property for the wifes support, the wifes property for the husbands support or the property of either spouse for the support of their children as is deemed just and equitable.
5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification.
8. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
κ1989 Statutes of Nevada, Page 746 (CHAPTER 362, AB 783)κ
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
9. If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipients skills relating to a job, career or profession;
(2) Evaluation of the recipients abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employers costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipients goals for his career; or
(III) Courses of training in skills desirable for employment.
________
Assembly Bill No. 202Committee on Government Affairs
CHAPTER 363
AN ACT relating to hazardous materials; directing the state fire marshal to establish a training program for response to spills of hazardous materials and related fires; authorizing the collection of a surcharge for related permits; providing for the disbursement and expenditure of related revenue; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state fire marshal shall establish a statewide training program for response to spills of hazardous materials and related fires. The state fire marshal shall require persons who store hazardous materials to obtain a permit to do so. The state fire marshal shall collect a surcharge of $60 for each such permit issued in the state. The surcharge is in addition to any other fee charged for the issuance of such a permit.
κ1989 Statutes of Nevada, Page 747 (CHAPTER 363, AB 202)κ
2. The revenue derived by the state fire marshal pursuant to this section must be deposited with the state treasurer for credit to the contingency fund for hazardous materials.
Sec. 2. NRS 459.735 is hereby amended to read as follows:
459.735 1. The contingency fund for hazardous materials is hereby created as a trust fund.
2. The commission established by the governor pursuant to Public Law 99-499 shall administer the contingency fund for hazardous materials, and the money in the fund may be expended only for:
(a) Carrying out the provisions of NRS 459.735 to 459.770, inclusive ; [.]
(b) Carrying out the provisions of Public Law 99-499; [and]
(c) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials [.] ; and
(d) Operation of a training center for handling emergencies relating to hazardous materials and related fires pursuant to section 1 of this act.
3. All money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency fund for hazardous materials. The interest and income earned on the money in the contingency fund, after deducting any applicable charges, must be credited to the account.
4. All claims against the contingency fund for hazardous materials must be paid as other claims against the state are paid.
Sec. 3. There is hereby appropriated from the surcharges authorized pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact to the budget account for the hazardous material training center (101-3834):
For the fiscal year 1989-90 ....................................................................... $180,000
For the fiscal year 1990-91 ....................................................................... $150,000
Sec. 4. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.
2. Section 3 of this act becomes effective July 1, 1989.
________
Senate Bill No. 454Committee on Judiciary
CHAPTER 364
AN ACT relating to the support of children; requiring the parents of a child to provide the child with necessary health care; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125B.020 is hereby amended to read as follows:
125B.020 1. The parents of a child (in this chapter referred to as the child) have a duty to provide the child necessary maintenance, health care, education and support.
κ1989 Statutes of Nevada, Page 748 (CHAPTER 364, SB 454)κ
2. They are also liable, in the event of the childs death, for its funeral expenses.
3. The father is also liable to pay the expenses of the mothers pregnancy and confinement.
4. The obligation of the parent to support the child under the laws for the support of poor relatives applies to children born out of wedlock.
________
Senate Bill No. 439Committee on Natural Resources
CHAPTER 365
AN ACT relating to the inspection of brands; exempting certain calves from the provisions relating to the inspection of brands; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 565.010 is hereby amended to read as follows:
565.010 As used in this chapter, unless the context requires otherwise:
1. Animals means:
(a) All cattle or animals of the bovine species [.] except dairy breed calves under the age of 1 month.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
2. Brand inspection means a careful examination of each animal offered for such inspection and an examination of any brands, marks or other characteristics thereon.
3. Department means the state department of agriculture.
4. Executive director means the executive director of the state department of agriculture.
________
κ1989 Statutes of Nevada, Page 749κ
Senate Bill No. 408Committee on Human Resources and Facilities
CHAPTER 366
AN ACT relating to dangerous drugs; authorizing a hemodialysis technician to possess and administer dangerous drugs at the direction of a physician or registered nurse; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing practitioner or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a chart order or prescription; or
(c) Furnished by a practitioner.
3. A registered nurse licensed to practice professional nursing or a licensed practical nurse, in a pharmacy in a correctional institution, in multiple doses for administration in single doses to prisoners in that institution.
4. A physicians assistant at the direction of his supervising physician.
5. An intermediate medical technician or an advanced emergency medical technician as authorized by the state board of pharmacy.
6. A respiratory therapist, at the direction of a physician.
7. A hemodialysis technician, at the direction of a physician or registered nurse.
8. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
[8.] 9. A medical intern in the course of internship.
[9.] 10. A person designated by the head of a correctional institution which does not contain a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
κ1989 Statutes of Nevada, Page 750 (CHAPTER 366, SB 408)κ
(b) For issue to that prisoner in single doses.
[10.] 11. An ultimate user.
________
Senate Bill No. 386Committee on Natural Resources
CHAPTER 367
AN ACT relating to wildlife; adopting the Wildlife Violator Compact; requiring the director of the department of wildlife to appoint a person to serve on the board of compact administrators; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 45 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The Wildlife Violator Compact is hereby enacted into law and entered into with all the jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I
FINDINGS, DECLARATION OF POLICY AND PURPOSES
Section 1. Findings. The party states find that:
(a) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.
(b) The protection of their respective wildlife resources are materially affected by the degree of compliance with state statute, regulation, ordinance or administrative rule relating to the management of those resources.
(c) The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of those natural resources.
(d) Wildlife resources are valuable without regard to political boundaries and, therefore, all persons must be required to comply with wildlife preservation, protection, management and restoration statutes, ordinances and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.
(e) The violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
(f) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.
(g) In most instances, a person who is cited for a wildlife violation in a state other than his home state:
(1) Must post collateral or a bond to secure his appearance for a trial at a later date;
κ1989 Statutes of Nevada, Page 751 (CHAPTER 367, SB 386)κ
(2) If unable to post collateral or a bond, is taken into custody until the collateral or bond is posted; or
(3) Is taken directly to court for an immediate appearance.
(h) The purpose of the enforcement practices described in paragraph (g) is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on his way after receiving the citation, could return to his home state and disregard his duty under the terms of the citation.
(i) In most instances, a person receiving a wildlife citation in his home state is permitted to accept the citation from the officer at the scene of the violation and continue immediately on his way after agreeing to comply with the terms of the citation.
(j) The practice described in paragraph (g) causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay a fine and, therefore, is compelled to remain in custody until another arrangement is made.
(k) The enforcement practices described in paragraph (g) consume an undue amount of law enforcement time.
Sec. 2. Policies. The policies of the party states are to:
(a) Promote compliance with the statutes, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.
(b) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat the suspension as if it had occurred in their state.
(c) Allow a violator to accept a wildlife citation, except as provided in section 2 of article III, and proceed on his way without delay whether or not he is a resident in the state in which the citation was issued if his home state is a party to this compact.
(d) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.
(e) Allow the home state to recognize and treat convictions recorded for its residents which occurred in another party state as if they had occurred in the home state.
(f) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.
(g) Maximize the effective use of law enforcement personnel and information.
(h) Assist court systems in the efficient disposition of wildlife violations.
Sec. 3. Purposes. The purposes of this compact are to:
(a) Provide a means by which the party states may participate in a reciprocal program to carry out the policies set forth in section 2 of this article in a uniform and orderly manner.
(b) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the persons right of due process in the sovereign status of a party state.
κ1989 Statutes of Nevada, Page 752 (CHAPTER 367, SB 386)κ
ARTICLE II
DEFINITIONS
Section 1. As used in this compact, unless the context otherwise requires:
(a) Citation means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.
(b) Collateral means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.
(c) Compliance means the act of answering a citation by appearing in a court or tribunal or the payment of fines, costs or surcharges, if any.
(d) Conviction means a conviction, including any court conviction, of any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, regulation, ordinance or administrative rule, or a forfeiture of bail, bond or other security deposited to secure the appearance of a person charged with any such offense, or the payment of a penalty assessment or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.
(e) Court means a court of law, including magistrates court and the justice of the peace court.
(f) Home state means the state of primary residence of a person.
(g) Issuing state means the party state which issues a wildlife citation.
(h) License means any license, permit or other public document which conveys to the person to whom it is issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, regulation, ordinance or administrative rule of a party state.
(i) Licensing authority means the department or division within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife.
(j) Party state means any state which enacts legislation to become a member of this compact.
(k) Personal recognizance means an agreement by a person made at the time of the issuance of the wildlife citation that he will comply with the terms of that citation.
(l) State means any state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada or any other countries.
(m) Suspension means any revocation, denial or withdrawal of any license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.
(n) Terms of the citation means those conditions and options expressly stated in the citation.
(o) Wildlife means all species of animals, including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as wildlife and are protected or otherwise regulated by statute, regulation, ordinance or administrative rule in a party state. Species included in the definition of wildlife vary from state to state and a determination of whether a species is wildlife for the purposes of this compact must be based on local law.
κ1989 Statutes of Nevada, Page 753 (CHAPTER 367, SB 386)κ
in the definition of wildlife vary from state to state and a determination of whether a species is wildlife for the purposes of this compact must be based on local law.
(p) Wildlife law means any statute, regulation, ordinance or administrative rule enacted to manage wildlife resources and the use thereof.
(q) Wildlife officer means any person authorized by a party state to issue a citation for a wildlife violation.
(r) Wildlife violation means any cited violation of statute, regulation, ordinance or administrative rule enacted to manage wildlife resources and the use thereof.
ARTICLE III
PROCEDURES FOR ISSUING STATE
Section 1. Issuing state procedures are as follows:
(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state. The wildlife officer shall not require the person to post collateral to secure his appearance, subject to the exceptions set forth in paragraph (b) of this article, if the officer receives the persons personal recognizance that he will comply with the terms of the citation.
(b) Personal recognizance is permissible if:
(1) It is not prohibited by local law or the compact manual; and
(2) The violator provides adequate proof of his identity to the wildlife officer.
(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate officer shall report the conviction or the failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report must be made in accordance with the procedures specified by the issuing state and contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
(d) Upon the receipt of the report of conviction or noncompliance required by paragraph (c), the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in the manner prescribed in the compact manual.
ARTICLE IV
PROCEDURES FOR HOME STATE
Section 1. Home state procedures are as follows:
(a) Upon the receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator and begin a suspension action in accordance with the home states suspension procedures. The licensing authority of the home state shall suspend the violators license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority.
κ1989 Statutes of Nevada, Page 754 (CHAPTER 367, SB 386)κ
been furnished by the issuing state to the home state licensing authority. Due process rights must be accorded to the violator.
(b) Upon the receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and consider the conviction as if it had occurred in the home state for the purposes of the suspension of license privileges.
(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to the issuing states as provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION OF SUSPENSION
Section 1. The party states agree that:
(a) All party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had occurred in their state and would have been the basis for suspension of license privileges in their state.
(b) Each party state shall communicate information concerning the suspension of license privileges to the other party states in the manner prescribed in the compact manual.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Section 1. The party states agree that, except as expressly required by the provisions of this compact, nothing included in this compact shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.
ARTICLE VII
COMPACT ADMINISTRATOR PROCEDURES
Section 1. The party states agree that:
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is hereby established. The board must be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator must be appointed by the head of the licensing authority of each party state and shall serve and be subject to removal in accordance with the laws of the state he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not serve unless written notification of his identity has been given to the board.
κ1989 Statutes of Nevada, Page 755 (CHAPTER 367, SB 386)κ
(b) Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board must be only at a meeting at which a majority of the party states are represented.
(c) The board shall elect annually, from its membership, a chairman and vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and may amend or rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this compact any donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any governmental agency and may receive, use and dispose of them as it deems appropriate.
(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, corporation or private nonprofit organization or institution.
(g) The board shall establish all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be included in the compact manual.
ARTICLE VIII
ENTRY INTO AND WITHDRAWAL FROM COMPACT
Section 1. The party states agree that:
(a) This compact becomes effective upon adoption by at least two states.
(b) Entry into the compact must be made by a resolution of ratification executed by the authorized officers of the applying state and submitted to the chairman of the board of compact administrators.
(c) The resolution must be in a form and content as provided in the compact manual and include:
(1) A citation of the authority by which the state is authorized to become a party to this compact;
(2) An agreement to comply with the terms and provisions of the compact; and
(3) A statement that entry into the compact is with all states then party to the compact and with any state that legally becomes a party to the compact.
(d) The effective date of entry must be specified by the applying state, except that the effective date must not be less than 60 days after notice has been given by:
(1) The chairman of the board of the compact administrators; or
(2) The secretary of the board of compact administrators to each party state that the resolution from the applying state has been received.
(e) A party state may withdraw from the compact by giving official written notice to the other party states. A withdrawal does not take effect until 90 days after the notice of withdrawal is given. The notice must be directed to the compact administrator of each party state.
κ1989 Statutes of Nevada, Page 756 (CHAPTER 367, SB 386)κ
the compact administrator of each party state. The withdrawal of a party state does not affect the validity of the compact as to the remaining party states.
ARTICLE IX
AMENDMENTS TO THE COMPACT
Section 1. The party states agree that:
(a) This compact may be amended from time to time. Amendments must be presented in resolution form to the chairman of the board of compact administrators and may be proposed by one or more party states.
(b) The adoption of an amendment must be endorsed by all party states and becomes effective 30 days after the date the last party state endorses the amendment.
(c) The failure of a party state to respond to the chairman of the board of compact administrators within 120 days after the receipt of the proposed amendment constitutes an endorsement.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
Section 1. The party states agree that this compact must be liberally construed so as to carry out the purposes stated in the compact. The provisions of this compact are severable and if any phrase, clause, sentence or provision of the compact is declared to be contrary to the constitution of any party state or the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of the compact is not affected thereby. If this compact is held contrary to the constitution of any party state thereto, the compact remains in effect as to the remaining states and to the state affected as to all severable matters.
ARTICLE XI
TITLE
Section 1. The party states agree that this compact will be known as the Wildlife Violator Compact.
Sec. 3. The director of the department of wildlife shall appoint a person to serve on the board of compact administrators as the compact administrator for this state as required by section 1 of article VII of the Wildlife Violators Compact.
Sec. 4. 1. As soon as practicable after another state has enacted the compact, the governor shall make a proclamation declaring that fact.
2. This act becomes effective on October 1, 1989, if before that date another state enacts the compact, and if no state enacts the compact before that date, the act becomes effective upon proclamation by the governor that another state has enacted the compact.
κ1989 Statutes of Nevada, Page 757 (CHAPTER 367, SB 386)κ
that date, the act becomes effective upon proclamation by the governor that another state has enacted the compact.
________
Senate Bill No. 375Committee on Human Resources and Facilities
CHAPTER 368
AN ACT relating to public welfare; authorizing the state welfare administrator to reduce, under certain circumstances, the lien on the proceeds of any recovery from a person liable for the illness or injury of a recipient of assistance to the medically indigent; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.293 is hereby amended to read as follows:
422.293 1. When a recipient of assistance to the medically indigent incurs an illness or injury for which medical services are payable under the state plan and which is incurred under circumstances creating a legal liability in some person other than the recipient or the welfare division, to pay all or part of the costs of such services, the division is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.
2. If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the welfare division may commence an independent action, after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the division, the recipient or his successors in interest may be joined as third party defendants.
3. In any case where the welfare division is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the division has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.
4. The recipient or his successors in interest shall notify the welfare division in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1.
5. If the welfare division receives notice pursuant to subsection 4, the administrator may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.
6. The attorney of a recipient:
(a) Shall not condition the amount of attorneys fees or impose additional attorneys fees based on whether a reduction of the lien is authorized by the administrator pursuant to subsection 5.
κ1989 Statutes of Nevada, Page 758 (CHAPTER 368, SB 375)κ
(b) Shall reduce the amount of the fees charged the recipient for services provided by the amount the attorney receives from the reduction of a lien authorized by the administrator pursuant to subsection 5.
________
Senate Bill No. 373Committee on Human Resources and Facilities
CHAPTER 369
AN ACT relating to indigent persons; authorizing payment from the fund for hospital care to indigent persons when an indigent resident of Nevada is injured by a motor vehicle outside of the state; clarifies that payments from that fund are for care furnished in Nevada; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 428.145 is hereby amended to read as follows:
428.145 Hospital means an establishment located in Nevada which has the staff and equipment to provide diagnosis, care and treatment of all states of human injury and illness and which provides 24-hour medical care.
Sec. 2. NRS 428.215 is hereby amended to read as follows:
428.215 Whenever hospital care is furnished to a person on account of an injury suffered by the person in a motor vehicle accident , [in this state,] the hospital shall use reasonable diligence to collect the amount of the charges for that care from the patient or any other person responsible for his support. The hospital may request the board of county commissioners of the county in which:
1. The accident occurred, if the person is not a resident of this state [;] and the accident occurred in this state; or
2. The person resides, if the person is a resident of this state,
to determine whether the person who received the care is an indigent person.
Sec. 3. NRS 428.255 is hereby amended to read as follows:
428.255 Any reimbursement or partial reimbursement made from the fund for unpaid charges for hospital care furnished to a person which are not greater than $3,000, is a charge upon the county in which:
1. The accident occurred, if the person is not a resident of this state [;] and the accident occurred in this state; or
2. The person resides, if the person is a resident of this state,
and must be paid upon a claim presented by the board as other claims against the county are paid.
________
κ1989 Statutes of Nevada, Page 759κ
Senate Bill No. 367Senators Wagner, Mello, Raggio, Townsend, Beyer, Joerg and Rhoads
CHAPTER 370
AN ACT relating to planning; creating a regional planning commission and a governing board in certain counties; providing their duties; requiring the development of a comprehensive regional plan; requiring the inclusion in the plan of certain provisions in substance; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires:
1. Affected entity means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, water or sewer services, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality, flood control or public education. The term does not include:
(a) A state agency; or
(b) A public utility which is subject to regulation by the public service commission of Nevada.
2. Facilities plan means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, water or sewer services, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality, flood control or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.
Sec. 3. 1. There is hereby created in each county whose population is 100,000 or more but less than 400,000, a regional planning commission consisting of:
(a) Three members from the local planning commission of each city in the county whose population is 40,000 or more, appointed by the respective governing bodies of those cities;
(b) One member from the local planning commission of each city in the county whose population is less than 40,000, appointed by the respective governing bodies of those cities; and
(c) Three members from the local planning commission of the county, appointed by the governing body of the county, at least two of whom must reside in unincorporated areas of the county.
2. Except for the terms of the initial members of the commission, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A member who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.
κ1989 Statutes of Nevada, Page 760 (CHAPTER 370, SB 367)κ
must be filled for the unexpired term by the governing body which made the original appointment.
3. The commission shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is 40,000 or more, as determined pursuant to a schedule adopted by the commission and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
4. A member of the commission must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.
Sec. 4. 1. There is hereby created in each county whose population is 100,000 or more but less than 400,000, a governing board for regional planning consisting of:
(a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If the representative is:
(1) A county commissioner, his district must be one of the two districts in the county with the highest percentage of unincorporated area.
(2) Not a county commissioner, he must reside within an unincorporated area of the county.
(b) Four representatives appointed by the governing body of the largest incorporated city in the county.
(c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is 40,000 or more.
(d) One representative appointed by the governing body of each incorporated city in the county whose population is less than 40,000.
2. Except for the terms of the initial members of the governing board, the term of each members is 3 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.
3. The governing bodies may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board.
4. The governing board shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is more than 40,000, as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
5. A member of the governing board who is also a member of the governing body which appointed him shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.
6. The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.
κ1989 Statutes of Nevada, Page 761 (CHAPTER 370, SB 367)κ
7. The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.
8. The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.
Sec. 5. There is hereby created the position of director of regional planning. The director:
1. Is appointed by the governing board from a list of three names submitted by the regional planning commission, and serves at the pleasure of the governing board;
2. Must be selected on the basis of his training, experience, capability and interest in planning;
3. Must have the demonstrated ability to administer a major program relating to planning;
4. Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit;
5. Shall not hold any other position relating to planning with a regional or local entity in the county or be on leave of absence from any other regional or local entity in the county while holding the position of director;
6. Is responsible for administration of the regional planning program;
7. Shall appoint a professional assistant experienced in planning to assist in administration of the program; and
8. May:
(a) Appoint professional, technical or clerical staff to, and dismiss them from, positions which are approved by the governing board;
(b) Execute contracts for services and interlocal agreements which are approved by the governing board;
(c) Direct the activities of all other persons employed by the governing board; and
(d) Prepare an annual budget.
Sec. 6. 1. The regional planning commission shall develop a comprehensive regional plan for the physical development and orderly management of the growth of the region for the next 20 years.
2. The plan must consist of written text, appropriate maps and such goals and policies, including those addressing current and future problems, as may, in the opinion of the commission, affect the region as a whole and are proper for inclusion in the regional plan.
3. In developing the plan, the commission shall:
(a) Review and consider each existing regional plan and master plan that has been adopted pursuant to the provisions of this chapter and that applies to any area in the region, and any similar plan of a local government, and may seek and consider the advice of each local planning commission and any other affected entity; and
κ1989 Statutes of Nevada, Page 762 (CHAPTER 370, SB 367)κ
seek and consider the advice of each local planning commission and any other affected entity; and
(b) Coordinate the elements of the plan and make them consistent with each other.
4. Before approving the plan, the commission must hold a public hearing on the proposed plan in each of the cities within the region and in the unincorporated area of the county.
5. Before amending the plan, the commission must hold at least one public hearing on the proposed amendment at a location in the region.
6. The approval of the plan or any amendment to it must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of its total membership.
7. The regional planning commission shall review the plan annually, update it not less than every 5 years, and forward its recommendations regarding proposed amendments to the plan to the governing board for adoption. Amendments to the comprehensive regional plan may be proposed only by the regional planning commission, the governing board or a local governing body. Except as otherwise provided in subsection 8, all requests for amendments to the plan must be studied and considered at public hearings held annually by the commission.
8. The commission may consider a proposed amendment and determine whether it is necessary to the health and welfare of the community or substantially benefits the community in general. If the commission determines that the amendment is necessary, it may schedule a public hearing on the amendment at any time. Any person may appeal the determination of the commission to the governing board.
9. Except as otherwise provided in this subsection, notice of the time and place of each hearing required by the provisions of this section must be given by publication in a newspaper of general circulation in the region at least 10 days before the day of the hearing. If there is more than one newspaper of general circulation in the region, notice must be given by publication in at least two such newspapers. Notice of the time and place of the initial meeting of the regional planning commission and the hearing at which the commission receives testimony concerning final approval of the comprehensive regional plan must be given by publication at least 30 days before the day of the meeting or hearing. Notice given pursuant to this subsection must be a display advertisement of not less than 3 inches by 5 inches.
Sec. 7. The comprehensive regional plan must include goals, policies, maps and other documents relating to:
1. Population, including a projection of population growth in the region and the resources that will be necessary to support that population.
2. Conservation, including policies relating to the use and protection of air, land, water, and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.
3. Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities and services and natural resources, and the compatibility of development in one area with that of other areas in the region.
κ1989 Statutes of Nevada, Page 763 (CHAPTER 370, SB 367)κ
region. This portion of the plan must allow for a variety of uses, describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses and must be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.
4. Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and ground-water aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction, identify the providers of public services within the region and the area within which each must serve, including service territories set by the public service commission of Nevada for public utilities, and must establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development.
5. Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, sphere of influence means an area into which a political subdivision may expand in the foreseeable future.
6. Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.
Sec. 8. To assist in the formulation of the plan, the governing board may appoint advisory committees to advise and report to the regional planning commission. No more than three members of the governing board may serve on any advisory committee and they must not constitute more than 20 percent of the membership of the committee.
Sec. 9. The governing board shall adopt the plan approved by the regional planning commission with any amendments it deems necessary. Before adopting the plan with any amendments the board shall submit each proposed amendment to the regional planning commission for its review and comment. The commission shall complete its review and return the plan to the governing board within 30 days or as specified by the board. Within 30 days after its receipt of the commissions comments, the governing board shall consider those comments and adopt the plan with or without amendment. The adoption of the plan or any amendment must be by resolution of the governing board carried by a simple majority of its total membership. Before the adoption of the plan or any amendment, the governing board must hold a public hearing, notice of the time and place of which must be given by publication in a newspaper of general circulation in the region not later than 10 days before the day of the hearing.
κ1989 Statutes of Nevada, Page 764 (CHAPTER 370, SB 367)κ
Sec. 10. 1. Until the comprehensive regional plan is adopted and the master plan for the county or city within whose jurisdiction a project is located is found to be in conformity with the regional plan, any project of regional significance must be reviewed by the regional planning commission.
2. Before construction on a project of regional significance may begin, the regional planning commission must make a finding that the project is in conformance with the existing regional plan. If the finding of the commission is otherwise, it may be appealed to the governing board. In making its determination, the commission shall not consider the merits or deficiencies of a project in a manner other than is necessary to enable it to make that determination.
3. If the commission fails to make any finding regarding a project of regional significance within 60 days after the project is submitted to it, the finding necessary to allow construction on the project to begin shall be deemed to have been made.
4. As used in this section, project of regional significance means a project which will require a change in zoning, special use permit, amendment to a master plan, or a tentative map which, if approved, will have an effect on the region of increasing:
(a) Employment by not less than 938 employees;
(b) Housing by not less than 625 units;
(c) Hotel accommodations by not less than 625 rooms;
(d) Sewage by not less than 187,500 gallons per day;
(e) Water usage by not less than 625 acre feet per year; or
(f) Traffic by not less than an average of 6,250 trips daily.
The term does not include any project for which a request for an amendment to a master plan, change in zoning, tentative map or special use permit has been approved by the local planning commission before the effective date of this act.
Sec. 11. 1. Before the adoption or amendment of any master plan, facilities plan or other similar plan, each governing body and any other affected entity shall submit the proposed plan or amendment to the regional planning commission, which shall review the plan or amendment at one or more public hearings held within 60 days after its receipt of that plan or amendment and determine whether the proposed plan or amendment conforms with the comprehensive regional plan. The commission shall specify those parts of the plan or amendment, if any, that are not in conformance and why they fail to conform.
2. Before the adoption or amendment of any master plan, facilities plan or other similar plan by a state agency or a public utility whose plan must be approved by the public service commission of Nevada, the agency or utility shall submit the proposed plan or amendment to the regional planning commission, which shall, within 60 days after its receipt, review the plan or amendment and offer suggestions to the agency or utility regarding the conformance of the plan with the comprehensive regional plan.
3. Except as otherwise provided in section 12 of this act, a local governing body or any other affected entity shall not adopt a master plan, facilities plan or other similar plan, or any amendment to any of those plans, unless the regional planning commission has determined that the plan or amendment is in conformance with the comprehensive regional plan.
κ1989 Statutes of Nevada, Page 765 (CHAPTER 370, SB 367)κ
in conformance with the comprehensive regional plan. A proposed plan is in conformance with the comprehensive regional plan if it is not in conflict with the comprehensive regional plan and it promotes the goals and policies of the comprehensive regional plan.
4. If the regional planning commission fails to make a determination within 60 days after its receipt from an affected entity or local governing body of a proposed plan or amendment pursuant to this section, the plan or amendment shall be deemed to be in conformance with the comprehensive regional plan.
5. An affected entity or a local governing body which has submitted a proposed plan and which disagrees with the reasons given by the regional planning commission for making a determination of nonconformance pursuant to this section, may file an objection with the regional planning commission within 45 days after the issuance of that determination. The affected entity or local governing body shall attach its reasons why the plan is in conformance with the comprehensive regional plan. The regional planning commission shall consider the objection and issue its final determination of conformance or nonconformance within 45 days after the objection is filed. The determination may be appealed to the governing board not later than 30 days after its issuance.
6. Within 45 days after its receipt of an appeal, the governing board shall consider the appeal and issue its decision, which must be made by the affirmative votes of a simple majority of its total membership. If the board affirms the determination of the commission, the affected entity or local governing body shall, within 60 days after the issuance of the decision, propose revisions to the plan and resubmit the plan together with those proposed revisions to the commission for review in accordance with the provisions of this section.
7. Any determination of conformance made by the commission pursuant to this section must be made by the affirmative votes of not less than two-thirds of its total membership.
Sec. 12. 1. Following the initial adoption of the comprehensive regional plan or any portion of it, each local planning commission, and any other affected entity shall review its respective master plan, facilities plan and other similar plans, amend them to conform with the provisions of the comprehensive regional plan, and submit them, within 60 days after the adoption of the comprehensive plan, to the regional planning commission. The regional planning commission shall review the plans at one or more public hearings held within 180 days after their submission and determine whether they conform with the comprehensive regional plan. The regional planning commission shall specify which parts of the plan, if any, are not in conformance and why they fail to conform.
2. If the regional planning commission fails to make a determination within 180 days after the submission of a plan pursuant to this section, the plan shall be deemed to be in conformance with the comprehensive regional plan.
3. An affected entity or local governing body that has submitted a plan and disagrees with the reasons given by the regional planning commission for making a determination of nonconformance pursuant to this section may file an objection with the regional planning commission within 45 days after the issuance of that determination.
κ1989 Statutes of Nevada, Page 766 (CHAPTER 370, SB 367)κ
an objection with the regional planning commission within 45 days after the issuance of that determination. The affected entity or local governing body shall attach its reasons why the plan is in conformance with the comprehensive regional plan. The regional planning commission shall consider the objection and issue its final determination of conformance or nonconformance within 45 days after the objection is filed. The determination may be appealed to the governing board not later than 30 days after its issuance.
4. Within 45 days after its receipt of an appeal, the governing board shall consider the appeal and issue its decision. If the board affirms the determination of the commission, the affected entity or local governing body shall, within 60 days after the issuance of the decision, propose revisions to the plan and resubmit the plan together with the proposed revisions to the commission for review in accordance with this section.
Sec. 13. Any action of a local government relating to development, zoning, the subdivision of land or capital improvements must conform to the master plan of the local government. In adopting any ordinance or regulation relating to development, zoning, the subdivision of land or capital improvements, the local government shall make a specific finding that the ordinance conforms to the master plan. Within 1 year after its adoption of any portion of a master plan, the local government shall review and, if necessary, amend its existing ordinances to ensure their conformity with the provisions of the master plan. If any provision of the master plan is inconsistent with any regulation relating to land development, the provision of the master plan governs any action taken in regard to an application for development.
Sec. 14. 1. Each local planning commission responsible for the preparation of a city or county master plan and each affected entity shall prepare and submit to the regional planning commission and the governing board a complete report by April 1 of each year indicating any action taken within the previous calendar year which furthers or assists in carrying out the policies or programs contained in the comprehensive regional plan, and any work relating to the comprehensive regional plan that is proposed for the next fiscal year.
2. Before submitting a recommendation for proposed legislation or beginning any program or project relating to the mandatory provisions of the comprehensive regional plan, a unit of local government or an affected entity shall file all relevant information relating to that request, program or project with the governing board.
Sec. 15. (Deleted by amendment.)
Sec. 16. The region defined in NRS 278.790 is exempt from the provisions of sections 2 to 17, inclusive, of this act.
Sec. 17. Nothing contained in the provisions of sections 2 to 17, inclusive, of this act, requires any entity that has not already adopted a facilities plan to do so.
Sec. 18. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 to 17, inclusive, of this act, unless the context otherwise requires:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
κ1989 Statutes of Nevada, Page 767 (CHAPTER 370, SB 367)κ
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
4. Commission means the planning commission of the city, the county or the region, as established by ordinance [.] or by the provisions of this chapter.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivider means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
Sec. 19. NRS 278.090 is hereby amended to read as follows:
278.090 1. [The] Except in a county in which a regional planning commission is created pursuant to the provisions of sections 2 to 17, inclusive, of this act, the board of county commissioners of any county alone or in collaboration with the governing body of the incorporated cities in the county or any of them or in collaboration with the board or boards of county commissioners of any adjacent county or counties, or the governing bodies of adjacent cities may establish a regional planning commission to consist of representatives of the county or counties or cities or region within the county or counties where the local government bodies participate in the formation of the regional planning commission.
κ1989 Statutes of Nevada, Page 768 (CHAPTER 370, SB 367)κ
representatives of the county or counties or cities or region within the county or counties where the local government bodies participate in the formation of the regional planning commission.
2. The commission may also contain representatives of [such] the municipalities to be selected in a manner to be determined by ordinance adopted by the governing bodies of the municipalities, or municipalities and the county or counties concerned.
Sec. 20. (Deleted by amendment.)
Sec. 21. Section 1 of chapter 81, Statutes of Nevada 1989, is hereby amended to read as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of each local government whose budget includes any expenditure for the acquisition or maintenance of a capital improvement shall annually prepare a plan for capital improvements which conforms with its master plan and which includes at least the 3 ensuing fiscal years but not more than 5 fiscal years.
Sec. 22. Each governing board created by section 4 of this act shall report its activities and progress to the sixty-sixth session of the legislature on or before March 1, 1991.
Sec. 23. Each regional planning commission which exists on the effective date of this act pursuant to the provisions of NRS 278.030 to 278.170, inclusive, in a county whose population is 100,000 or more but less than 400,000, is hereby abolished.
Sec. 24. 1. The initial members of each regional planning commission created by section 3 of this act must be appointed by the respective governing bodies within 30 days after the effective date of this act. Each governing body referred to in paragraphs (a) and (c) of subsection 1 of that section shall appoint:
(a) One member who shall serve until the selection and qualification of his successor in July of 1991;
(b) One member who shall serve until the selection and qualification of his successor in July of 1992; and
(c) One member who shall serve until the selection and qualification of his successor in July of 1993.
2. The initial members of each governing board created by section 4 of this act must be appointed by the respective governing bodies within 30 days after the effective date of this act, and:
(a) The board of county commissioners referred to in paragraph (a) of subsection 1 of that section and each governing body referred to in paragraph (c) of subsection 1 of that section shall appoint:
(1) One member who shall serve until the selection and qualification of his successor in July of 1991;
(2) One member who shall serve until the selection and qualification of his successor in July of 1992; and
(3) One member who shall serve until the selection and qualification of his successor in July of 1993.
(b) The governing body referred to in paragraph (b) of subsection 1 of that section shall appoint:
κ1989 Statutes of Nevada, Page 769 (CHAPTER 370, SB 367)κ
(1) One member who shall serve until the selection and qualification of his successor in July of 1991;
(2) One member who shall serve until the selection and qualification of his successor in July of 1992; and
(3) Two members who shall serve until the selection and qualification of their successors in July of 1993.
Sec. 25. 1. The local governments represented on a governing board created pursuant to section 4 of this act shall enter into an agreement pursuant to subsection 7 of section 4 of this act on or before 90 days after the effective date of this act.
2. The regional planning commission created by section 3 of this act shall develop and approve a regional plan as required by section 6 of this act and transmit it to the governing board within 18 months after the effective date of this act.
3. The governing board shall either adopt the plan transmitted pursuant to subsection 2 or submit a proposed amendment to the regional planning commission within 60 days after it receives the plan.
Sec. 26. 1. Except as otherwise provided in subsection 2, a regional plan in existence on the effective date of this act remains in effect until a comprehensive regional plan is adopted pursuant to the provisions of sections 2 to 17, inclusive, of this act.
2. Any part of a regional plan relating to land use and transportation in existence on the effective date of this act remains in effect until a new land use and transportation portion of a comprehensive regional plan is adopted pursuant to the provisions of sections 2 to 17, inclusive, of this act. Before a comprehensive regional plan is adopted, the regional planning commission shall review proposed amendments to local master plans for their conformance with the part of the regional plan relating to land use and transportation in effect at the time of the review.
Sec. 27. This act becomes effective upon passage and approval.
________
Senate Bill No. 277Committee on Natural Resources
CHAPTER 371
AN ACT relating to hazardous materials; providing for the regulation of storage tanks; providing a penalty; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in sections 2 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act, have the meanings ascribed to them in those sections.
κ1989 Statutes of Nevada, Page 770 (CHAPTER 371, SB 277)κ
Sec. 3. Commission means the state environmental commission.
Sec. 4. Department means the state department of conservation and natural resources.
Sec. 5. Director means the director of the department.
Sec. 6. Division means the division of environmental protection of the department.
Sec. 7. Operator means any person in control of, or having responsibility for, the daily operation of a storage tank.
Sec. 8. Owner means any person who owns a storage tank used to store or dispense regulated substances after November 8, 1984, or if the use of the tank was discontinued before that date, the last person to own such a tank before its use was discontinued.
Sec. 9. Person includes an agency of the Federal Government, any state and its local governments.
Sec. 10. Regulated substance means:
1. Any petroleum substance or chemical regulated by the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), that is contained in a storage tank, except that the term does not include any substance subject to regulation under Schedule C of that act as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that is liquid at standard condition of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, solvents and used oils.
Sec. 11 Release means the spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into ground water, surface water or surface or subsurface soils.
Sec. 12. Storage tank means any one or combination of stationary tanks including pipes connected thereto, used to contain and accumulate regulated substances. The term includes only those tanks that are regulated pursuant to the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
Sec. 13. The director shall:
1. Administer the provisions of sections 2 to 33, inclusive, of this act, in a manner that is consistent with, and not more stringent than, the applicable provisions of federal law;
2. Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the purposes of sections 2 to 33, inclusive, of this act;
3. Take steps necessary to qualify for, accept and administer loans and grants from the Federal Government and other sources, public or private, for carrying out the provisions of sections 2 to 33, inclusive, of this act;
4. Encourage, request, require the department to participate in or conduct, studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
5. Collect and disseminate information to the public;
κ1989 Statutes of Nevada, Page 771 (CHAPTER 371, SB 277)κ
6. Hold hearings and issue subpenas requiring the attendance of witnesses and the production of evidence, as he finds necessary to carry out the provisions of sections 2 to 33, inclusive, of this act;
7. Exercise all powers necessary to carry out the provisions of sections 2 to 33, inclusive, of this act; and
8. Delegate to the division any of his powers or duties set forth in sections 2 to 33, inclusive, of this act.
Sec. 14. The commission shall adopt regulations to carry out the provisions of sections 2 to 33, inclusive, of this act. Those regulations must be based upon studies, guidelines and regulations of the Federal Government and must:
1. Set forth a means for an owner or operator of a storage tank to notify the division of the existence, size and location of and the substances contained in the storage tank;
2. Issue standards of performance for the operation and construction of a storage tank;
3. Establish requirements for the reporting of a release from a storage tank and the reporting of corrective actions taken in response to such a release;
4. Establish standards of financial responsibility for owners and operators of storage tanks;
5. Require owners or operators of facilities having storage tanks to maintain records and devices for the continuing observation of storage tanks; and
6. Establish procedures for:
(a) Inspecting and testing storage tanks;
(b) Obtaining samples from storage tanks; and
(c) Reporting to the department on such inspections, testing and samples.
Sec. 15. The owner or operator of a storage tank shall notify the department as required by regulations of the commission, of the existence, size, location, age, type, uses and name of the owner of a storage tank.
Sec. 16. The commission shall adopt regulations which set forth standards of performance for:
1. Storage tanks brought into use on or after the effective date of such standards. The standards must address the:
(a) Design;
(b) Construction;
(c) Installation; and
(d) Compatibility of components,
of storage tanks and systems for the detection of releases from storage tanks.
2. Maintenance and keeping records of:
(a) Systems for the detection of releases from storage tanks;
(b) Systems for the testing of storage tanks;
(c) Systems for the monitoring of inventory of storage tanks; and
(d) Other systems designed to identify releases from storage tanks.
Sec. 17. The commission shall adopt regulations:
1. Establishing requirements for the closure of a storage tank or the removal or disposal of a storage tank to prevent future releases of regulated substances into the environment; and
κ1989 Statutes of Nevada, Page 772 (CHAPTER 371, SB 277)κ
2. Setting forth a plan for the management of storage tanks in the entire state.
Sec. 18. The commission shall by regulation:
1. Establish requirements for corrective action to be taken in response to a release from a storage tank; and
2. Establish requirements for maintaining evidence of the financial responsibility of owners and operators of storage tanks.
Sec. 19. 1. The commission may by regulation set forth a procedure for the granting, renewal, modification, suspension, revocation and denial of permits to operate storage tanks.
2. Permits may contain terms and conditions which the commission considers necessary and which conform to law and regulations adopted by the commission.
3. The commission may by regulation prescribe a reasonable fee to be charged for the issuance of a permit.
Sec. 20. (Deleted by amendment.)
Sec. 21. All fees collected for the issuance of permits to operate storage tanks, if such permits are required, and all reimbursements and penalties recovered pursuant to sections 22 and 31 of this act, must be deposited with the state treasurer for credit to the fund for the management of storage tanks, which is hereby created as a special revenue fund. The money in the fund must be paid as other claims against the state are paid.
Sec. 22. 1. Except as otherwise provided in subsections 2 and 3, money in the fund for the management of storage tanks may only be expended for the continuing observation or other management of storage tanks.
2. If a person responsible for a release of a regulated substance from a storage tank does not act promptly to clean and decontaminate the affected area properly, and if that inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the fund may be expended to pay the costs of:
(a) Responding to a release of a regulated substance from a storage tank;
(b) Coordinating the efforts of state, local and federal agencies responding to a release from a storage tank;
(c) Managing the cleaning and decontamination of an area in which a release from a storage tank has occurred; or
(d) Removing or contracting for the removal of a regulated substance released from a storage tank which presents an imminent danger to human health, public safety or the environment.
3. The director shall demand reimbursement of the fund for money expended pursuant to subsection 2 from any person who is responsible for the release, or who owns or controls the storage tank, or the area in which the release occurred. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. Reimbursement may include all costs actually incurred in the investigation and cleanup. The director may impose an administrative penalty of not more than 5 percent of the amount of reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
4. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
κ1989 Statutes of Nevada, Page 773 (CHAPTER 371, SB 277)κ
Sec. 23. The department is hereby designated to act as the state agency for the purpose of federal laws and regulations governing storage tanks and it may take any action necessary to secure the benefits of any federal law relating to storage tanks.
Sec. 24. 1. Except as otherwise provided in this section, information which the department obtains in the course of the performance of its duties relating to storage tanks is public information.
2. Any information which specifically relates to the trade secrets of any person is confidential. The following information shall be deemed a trade secret:
(a) Information concerning fuel additives. For the purposes of this paragraph, fuel additives are ingredients which are present in fuel compositions in amounts of less than 1 percent by weight, including detergents, dispersants, demulsifiers and dyes.
(b) Any other information considered to be a trade secret by the director. A trade secret may include a formula, composition, process, method of operation, compilation of information or apparatus which is used in a persons business and gives that person an opportunity to obtain an advantage over competitors. In determining whether information is a trade secret, the director shall consider whether the information is publicly available in written form and, if not, whether its disclosure would tend to affect adversely the competitive position of the owner of the information.
3. Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this state or the United States if:
(a) He is engaged in carrying out the provisions of sections 2 to 33, inclusive, of this act, or the provisions of federal law relating to storage tanks; or
(b) The information is relevant in any judicial proceeding or adversary administrative proceeding under sections 2 to 33, inclusive, of this act, or under the provisions of federal law relating to storage tanks, and is admissible under the rules of evidence.
The disclosure must be made in a manner which preserves the status of the information as a trade secret.
Sec. 25. Any authorized representative or employee of the commission or the department may, for the purpose of carrying out his duties pursuant to sections 2 to 33, inclusive, of this act, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where the department has reason to believe there are storage tanks;
2. Inspect or obtain samples wherever the department has reason to believe a release from a storage tank may have occurred;
3. Inspect and copy any records, reports, information or results of tests relating to the management of a storage tank; and
4. Inspect any system for the continuing observation of a storage tank.
Sec. 26. If the department receives information that the operation of a storage tank presents an imminent and substantial hazard to human health, public safety or the environment, it may:
κ1989 Statutes of Nevada, Page 774 (CHAPTER 371, SB 277)κ
1. Issue an order directing the owner or operator of the storage tank to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.
2. Request that the attorney general commence an action to enjoin the practices or acts which constitute the hazard.
3. Take any other action designed to reduce or eliminate the hazard.
Sec. 27. Whenever the director finds that any person is engaging or has engaged in any act or practice which violates any provision of sections 2 to 33, inclusive, of this act, or a regulation adopted pursuant to those sections or any term or condition of a permit issued for the operation of a storage tank, he may issue an order:
1. Specifying the provisions which is alleged to have been violated or which is about to be violated;
2. Setting forth the facts alleged to constitute the violation;
3. Prescribing any corrective action which must be taken and a reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directed to appear before the director or a hearing officer appointed by him to show cause why the department should not commence an action against him in district court for appropriate relief.
Sec. 28. In carrying out the provisions of sections 2 to 33, inclusive, of this act, the commission, the department and the attorney general may by subpena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
Sec. 29. The department shall enforce the provisions of sections 2 to 33, inclusive, of this act, or any regulations adopted pursuant to those sections, but may delegate responsibility for enforcing those provisions to suitably qualified agencies of the political subdivisions of this state.
Sec. 30. 1. The director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of sections 2 to 33, inclusive, of this act, or any regulation adopted or permit or order issued to those sections.
2. If the director shows that a person is or has engaged in any act or practice which violates a provision of sections 2 to 33, inclusive, of this act, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond, any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if:
(a) The director gives notice to the defendant in person, of his intention to seek such an order, or mails such notice to the defendants last known address by registered or certified mail. The notice must be given at least 10 days before the commencement of the hearing.
(b) Before and during that 10-day period, the director affords the defendant an opportunity to correct each violation which is the subject of the hearing and the defendant fails to correct the violation or violations before the commencement of the hearing.
3. The court may require a performance bond or other security by the respondent to ensure his compliance with the order.
κ1989 Statutes of Nevada, Page 775 (CHAPTER 371, SB 277)κ
Sec. 31. 1. Any person who violates or contributes to a violation of any provision of sections 2 to 33, inclusive, of this act, or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the department for a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by sections 2 to 33, inclusive, of this act.
2. The department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any damages incurred as a result of the violation.
Secs. 32 and 33. (Deleted by amendment.)
Sec. 34. NRS 459.535 is hereby amended to read as follows:
459.535 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the money in the fund for the management of hazardous waste may be expended only to pay the costs of the continuing observation or other management of hazardous waste.
2. Money in the fund for the management of hazardous waste may be expended to provide matching money required as a condition of any federal grant for the purposes of sections 2 to 33, inclusive, of this act.
3. If the person responsible for spilling hazardous waste does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the fund may be expended to pay the costs of:
(a) Responding to a spill of or an accident involving hazardous waste;
(b) Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident involving hazardous waste;
(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a spill of or an accident involving hazardous waste; or
(d) Removing or contracting for the removal of hazardous waste which presents an imminent danger to human health, public safety or the environment.
[3.] 4. The director shall demand reimbursement of the fund for money expended pursuant to subsection [2] 3 from any person who is responsible for the accident or spill, or who owns or controls the hazardous waste or the area used for the disposal of the waste. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
[4.] 5. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
________
κ1989 Statutes of Nevada, Page 776κ
Senate Bill No. 250Committee on Government Affairs
CHAPTER 372
AN ACT relating to municipal airports; revising the period of time for which notice is required to be given of a proposed agreement for the commercial use of an airport or facility; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 496.090 is hereby amended to read as follows:
496.090 1. In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, the municipality may, except as limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into contracts, leases and other arrangements with any persons:
(a) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility thereof, or space therein, for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.
(b) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility or other facilities.
(c) Making available services to be furnished by the municipality or its agents or by other persons at the airport or air navigation facility or other facilities.
(d) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.
2. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.
3. As an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a period not exceeding 40 years, upon such terms and conditions as the governing body deems proper.
4. Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in some paper of general circulation within the municipality at least once a week for 21 days or three times during a period of 10 days. If there is not a paper of general circulation within the municipality, the municipality shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting of the governing body is to be held , [after completion of such publication,] at which meeting any interested person may appear. No such contract, lease or other arrangement may be entered into by the municipality until after [the publication and meeting] notice has been given and a meeting held as provided in this subsection.
κ1989 Statutes of Nevada, Page 777 (CHAPTER 372, SB 250)κ
entered into by the municipality until after [the publication and meeting] notice has been given and a meeting held as provided in this subsection.
5. Any member of a municipalitys governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of the contract, lease or other arrangement may extend beyond his term of office.
________
Senate Bill No. 169Senator Beyer
CHAPTER 373
AN ACT relating to engineers and land surveyors; changing the names of registered land surveyors to professional land surveyors; revising the qualifications for certification; increasing the amount the board of registered professional engineers and land surveyors may charge for certification and renewal; increasing the salary of the members of the board; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. To be eligible for certification by the board as an engineer-in-training an applicant must:
1. Be a graduate of or in his final year of an engineering curriculum of 4 years or more that is approved by the board, and successfully pass the written examination described in paragraph (a) of subsection 1 of NRS 625.200; or
2. Have 4 years or more of experience in engineering work satisfactory to the board and successfully pass the written examination described in paragraph (a) of subsection 1 of NRS 625.200.
Sec. 3. 1. The board shall certify as an engineer-in-training or a land surveyor-in-training any person qualified under the provisions of this chapter.
2. A person certified pursuant to subsection 1 may practice engineering or land surveying as a subordinate. Any work performed by an engineer-in-training or land surveyor-in-training may, if deemed of a satisfactory nature by the board, be applied toward requirements for experience set forth in NRS 625.180 and 625.270.
Sec. 4. 1. A firm, partnership or corporation may engage in the practice of land surveying in this state if the member or members of the firm, partnership or corporation immediately responsible for land surveying work performed in this state are professional land surveyors registered under the provisions of this chapter.
2. Every office or place of business of any firm, partnership or corporation practicing land surveying must have a professional land surveyor in residence and in direct responsible supervision of the land surveying work conducted in the office or place of business. This subsection does not apply to firms, partnerships or corporations practicing land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews, or offices established for inspecting construction.
κ1989 Statutes of Nevada, Page 778 (CHAPTER 373, SB 169)κ
for limited or temporary purposes, including offices established for the convenience of field survey crews, or offices established for inspecting construction.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 625.030 is hereby amended to read as follows:
625.030 As used in this chapter, engineer-in-training means a candidate for registration as a professional engineer . [:
1. Who is a graduate of or in his final year of an approved engineering curriculum of 4 years or more, approved by the board as of satisfactory standing, and has successfully passed an oral or written examination designated by the board; or
2. Who has had 4 years of more of experience in engineering work satisfactory to the board, and has successfully passed part 1 of the examination as provided in NRS 625.200.]
Sec. 7. NRS 625.040 is hereby amended to read as follows:
625.040 1. Within the meaning of this chapter, a person who, in a private or public capacity, does or offers to do any one or more of the following practices land surveying:
(a) Locates, relocates, establishes, reestablishes or retraces any property line or boundary of any tract of land or any road, right of way, easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050.
(b) Makes any survey for the subdivision or resubdivision of any tract of land.
(c) Determines, by the use of the principles of land surveying, the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point.
(d) Determines the configuration or contour of the earths surface or the position of fixed objects thereon by means of measuring lines and angles, and applying the principals of trigonometry.
(d) Geodetic or cadastral surveying.
(f) Municipal and topographic surveying.
(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (a), (b), (c), (d), (e) and (f) of this subsection.
(h) Indicates in any manner, by the use of the title land surveyor, or by any other representation, that he practices or offers to practice land surveying in any of its branches.
(i) Procures or offers to procure [for a consideration] land surveying work for others or for himself.
(j) Manages or conducts as manager, proprietor or agent any place from which land surveying work is solicited, performed or practiced.
2. A person practices land surveying when he professes to be a land surveyor or is in a responsible charge of land surveying work.
3. Surveys made exclusively for geological or landscaping purposes, or aerial photographs or photogrammetry, not involving any of the practices specified in subsection 1, do not constitute land surveying within the meaning of this chapter.
κ1989 Statutes of Nevada, Page 779 (CHAPTER 373, SB 169)κ
4. The practice of land surveying does not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering.
Sec. 8. NRS 625.070 is hereby amended to read as follows:
625.070 As used in this chapter, [registered] professional land surveyor [refers to one who practices or offers to] means a person who by reason of his professional education and practical experience is granted a certificate of registration by the board to practice land surveying [.] in this state.
Sec. 9. NRS 625.090 is hereby amended to read as follows:
625.090 As used in this chapter, a subordinate is any person directly supervised by a [registered] professional land surveyor or professional engineer and who assists a [registered] professional land surveyor or professional engineer in the practice of land surveying or professional engineering.
Sec. 10. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect one of its members as chairman and one of its members as vice chairman, each of whom holds office for 2 years and until a successor is elected and qualified.
2. At any meeting, four members constitute a quorum.
3. Each member is entitled to receive:
(a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board.
(b) [Actual expenses for subsistence and lodging, not greater than the amount provided by law for state employees,] Reimbursement for actual and necessary expenses incurred in the performance of his duties and actual expenses for transportation, while traveling on business of the board.
4. Expenses of the board and expenses and salaries of members of the board and employees of the board must be paid from the fees received by the board under the provisions of this chapter, and no part of such salaries and expenses may be paid out of the state general fund.
5. The board shall appoint an executive [secretary] director who serves at the pleasure of the board and is entitled to receive such compensation as may be fixed by the board.
Sec. 11. NRS 625.120 is hereby amended to read as follows:
625.120 The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter . [, and shall have its principal office in the City of Reno, Nevada.]
Sec. 12. NRS 625.135 is hereby amended to read as follows:
625.135 [This] The board may employ and fix the compensation to be paid to attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties [.] and may reimburse such employees for actual expenses they incur while acting on behalf of the board.
Sec. 13. NRS 625.170 is hereby amended to read as follows:
625.170 The [secretary] executive director of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names, last known addresses and branches of engineering of all registered professional engineers and the names and last known addresses of all land surveyors, engineers-in-training and land surveyors-in-training. Copies of the roster must be:
κ1989 Statutes of Nevada, Page 780 (CHAPTER 373, SB 169)κ
1. Mailed to each person so registered.
2. Placed on file with the secretary of state and county and city clerks.
3. Distributed or sold to the public.
Sec. 13.5. NRS 625.180 is hereby amended to read as follows:
625.180 1. Any citizen of the United States or any person who is lawfully entitled to remain and work within the United States, and is over the age of 21 years, may apply to the board for examination, under its rules, for registration as a professional engineer.
2. A person is not eligible for registration as a professional engineer if he is not of good character and reputation.
3. An applicant for registration as a professional engineer is not entitled to take the examination unless:
(a) He is a graduate from an approved course in engineering of 4 years or more in a school or college approved by the board as of satisfactory standing, and has a specific record of an additional 4 years or more of active experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of engineering work; or
(b) He has a specific record of 8 years or more of active experience in engineering work of a character satisfactory to the board, and indicating that he is competent to be placed in responsible charge of engineering work.
4. The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to 1 year of active experience.
5. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to 2 years of active experience.
6. An applicant may not receive credit for more than 4 years of active experience because of educational qualifications.
7. The mere execution as a contractor of work designed by a professional engineer or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be active experience in engineering work.
8. Any person having the necessary qualifications prescribed in this chapter to entitle him to registration is eligible for registration although he may not be practicing his profession at the time of making his application.
9. A person applying for registration within a specified branch of professional engineering must have 2 years experience working under the direct supervision of a person who is registered in the branch in which the applicant is seeking to become registered [.] , unless this requirement is waived by the board.
Sec. 14. NRS 625.200 is hereby amended to read as follows:
625.200 1. The written [examinations] examination for registration as a professional engineer must consist of a 2-day test, four 4-hour periods, divided into two parts:
(a) Part 1 must be an 8-hour written examination on the fundamentals of engineering and must cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.
κ1989 Statutes of Nevada, Page 781 (CHAPTER 373, SB 169)κ
school approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.
(b) Part 2 must be an 8-hour written examination on the principles and practices of engineering and must cover that branch of engineering in which the applicant is engaged as indicated by his record of experience and to which he has applied for registration.
Where possible, the usually recognized branches of engineering must be considered in the preparation of the examination. The board may conform the nature and extent of the examination to the particular qualifications of the applicant.
2. An applicant for registration must pass part 1 of the written examination or receive a waiver of part 1 before taking part 2 of the examination.
3. The board may require additional written examinations for registration in specialized areas of practice within one or more recognized branches of engineering.
[3.] 4. The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
[4.] 5. Oral examinations must be given in the manner prescribed by the board.
[5.] 6. To qualify for registration [, the] as a professional engineer or an engineer-in-training, an applicant must receive a grade of not less than 70 percent on his examination.
Sec. 15. NRS 625.210 is hereby amended to read as follows:
625.210 1. The board shall issue a certificate of registration to any applicant [who has paid a fee for registration fixed by the board not exceeding $200 and] for registration as a professional engineer who, in the opinion of the board, has satisfactorily met all the requirements of this chapter [.] governing professional engineers and who has paid a fee for registration fixed by the board not exceeding $200.
2. [The certificate authorizes the practice of professional engineering, followed by the branch or branches for which he is qualified.
3.] Certificates of registration must:
(a) Show the full name of the [registrant.] professional engineer.
(b) Have a registration number.
(c) Be signed by the chairman and the [secretary] executive director under seal of the board.
[4.] (d) Authorize the practice of professional engineering in the branch for which the applicant has qualified.
3. The issuance of a certificate of registration by the board is evidence that the person named in the certificate is entitled to all the rights and privileges of a registered professional engineer while the certificate remains valid.
Sec. 16. NRS 625.220 is hereby amended to read as follows:
625.220 1. The board may, upon application and payment of an application fee fixed by the board not exceeding $200, issue a certificate of registration as a professional engineer to any person who holds a certificate of [qualification or] registration issued to him [by proper authority of the National Council of Engineering Examiners Committee on National Engineering Certification, or] by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of [qualification or] registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
κ1989 Statutes of Nevada, Page 782 (CHAPTER 373, SB 169)κ
National Council of Engineering Examiners Committee on National Engineering Certification, or] by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of [qualification or] registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
2. An oral examination conducted by not less than three professional engineers registered by the board may be required of such persons and a written examination may be required at the discretion of the board.
Sec. 17. NRS 625.230 is hereby amended to read as follows:
625.230 1. Each [registrant] professional engineer must, upon registration, obtain a seal of the design authorized by the board, bearing [the registrants name] his name, registration number and the legend [Registered] Professional Engineer followed by the branch or branches for which he is qualified.
2. Plans, specifications, plats and reports issued by a [registrant] professional engineer must be stamped with the seal when filed with public authorities, during the life of [the registrants] his certificate, but it is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the [registrant] professional engineer named thereon has expired or has been revoked, unless [the] his certificate has been renewed or reissued.
3. A rubber stamp which produces in ink the same design and information required under subsection 1 may be used in lieu of the prescribed seal.
4. It is unlawful for a [registrant] professional engineer to sign, stamp or seal any plans specifications, plats or reports [which] that were not prepared by him or for which he did not have responsible charge of the work.
5. Each sheet of plans prepared in the course of the practice of a particular branch of professional engineering [which] that is submitted to a public agency must be stamped , dated and signed by a [person] professional engineer qualified to practice in the branch of professional engineering [which] that was involved in the preparation of that sheet.
Sec. 18. NRS 625.240 is hereby amended to read as follows:
625.240 1. A firm, [a copartnership, a corporation or a joint-stock association] partnership or corporation may engage in the practice of professional engineering in this state, if the member or members of the firm, [copartnership, corporation or joint-stock association] partnership or corporation immediately responsible for engineering work performed in this state are [registered] professional engineers . [under the provisions of this chapter.]
2. Every office or place of business of any firm, [copartnership, corporation or joint-stock association] partnership or corporation engaged in the practice of professional engineering [shall] must have a [registered] professional engineer in residence and in direct responsible supervision of the engineering work conducted in [such] the office or place of business. The provisions of this subsection to not apply to firms, [copartnerships, corporations or joint-stock associations:] partnerships or corporations:
(a) Practicing professional engineering for their own benefit and not engaging in the practice of professional engineering for others or offering professional engineering services to others.
κ1989 Statutes of Nevada, Page 783 (CHAPTER 373, SB 169)κ
(b) Engaged in the practice of professional engineering at offices established for limited or temporary purposes, [such as] including offices established for the convenience of field survey crews, or offices established for [construction inspection.] inspecting construction.
Sec. 19. NRS 625.250 is hereby amended to read as follows:
625.250 The board is vested with power:
1. To administer the provisions and requirements of this chapter concerning [registered] professional land surveyors.
2. To make and enforce such rules and regulations as may be necessary to carry out such provisions.
Sec. 20. NRS 625.270 is hereby amended to read as follows:
625.270 1. [No person may be granted a certificate of registration to practice land surveying in this state unless:
(a) He has completed 6 years of land surveying experience of a character satisfactory to the board;
(b) He has attained a passing grade on the written examination described in NRS 625.280;
(c) He is a citizen of the United States or is lawfully entitled to permanent residence in the United States; and
(d) He is over 21 years of age.
2. The satisfactory completion of each year of approved courses in engineering or surveying in a school approved by the board is equivalent to 1 year of active experience, but an applicant shall not receive credit for more than 4 years of active experience because of educational qualifications.] A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,
may apply to the board for examination, under its rules, for registration as a professional land surveyor.
2. A person is not eligible for registration as a professional land surveyor if he in not of good character and reputation.
3. An applicant for registration as a professional land surveyor must:
(a) Be a graduate of a land surveying curriculum of 4 years or more that is approved by the board, and have a specific record of an additional 4 years or more of active experience in land surveying indicating to the board that he is competent to be placed in responsible charge of land surveying work; or
(b) Have a specific record of 8 years or more of active experience in land surveying work indicating to the board that he is competent to be placed in responsible charge of land surveying work.
4. For the purposes of evaluating an applicants qualifications for registration, the board shall consider:
(a) Satisfactory completion of 1 year of courses in land surveying that are approved by the board to be equivalent to 1 year of active experience in land surveying; and
(b) Graduation from a college or university curriculum in a field other than land surveying to be equivalent to 2 years of active experience.
5. An applicant may not receive credit for more than 4 years of active experience because of educational qualifications described in subsection 4.
κ1989 Statutes of Nevada, Page 784 (CHAPTER 373, SB 169)κ
Sec. 21. NRS 625.280 is hereby amended to read as follows:
625.280 1. The written examination for [registered] registration as a professional land surveyor [shall] must consist of a 2-day test , [(] four 4-hour periods , [) requiring the applicant to demonstrate that he understands:
(a) The theory and practice of land surveying, including the use, care and adjustment of instruments.
(b) Surveying computations, traverses and methods of closure, mapping, baselines and triangulations.
(c) The principles of geodetic surveying, determination of true meridian, latitude and longitude, land boundaries, monuments, subdivisions of lands, deed descriptions and conveyancing.
(d) The common laws and usages regarding surveys.
2. The applicants knowledge of the provisions of the Manual of Instructions for the Survey of the Public Lands of the United States will be tested by appropriate questions and problems.
3.] divided into two parts:
(a) Part 1 must be an 8-hour written examination on the fundamentals of land surveying and must cover the subject matter of a general land surveying education or training. If the applicant is a graduate of a curriculum of land surveying that is approved by the board or has 8 years or more of experience in land surveying, part 1 may be waived.
(b) Part 2 must be an 8-hour written examination on the principles and practice of land surveying.
2. An applicant must pass part 1 of the examination or receive a waiver of part 1 before taking part 2 of the examination.
3. The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
4. Oral examinations must be given in the manner prescribed by the board.
Sec. 22. NRS 625.290 is hereby amended to read as follows:
625.290 To qualify for [a license as a registered] registration as a professional land surveyor or a certificate as a land surveyor-in-training, an applicant must receive a grade of not less than 70 percent on his examination.
Sec. 23. NRS 625.295 is hereby amended to read as follows:
625.295 1. The board shall issue a certificate of registration to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter concerning [registered] professional land surveyors.
2. Certificates of registration must:
(a) Show the full name of the registrant.
(b) Have a [serial] registration number.
(c) Be signed by the chairman and [secretary] executive secretary under the seal of the board.
(d) Authorize the practice of land surveying.
3. The issuance of a certificate of registration by the board is evidence that the person named thereon is entitled to all the rights and privileges of a [registered] professional land surveyor while the certificate remains unrevoked or unexpired.
κ1989 Statutes of Nevada, Page 785 (CHAPTER 373, SB 169)κ
Sec. 24. NRS 625.320 is hereby amended to read as follows:
625.320 1. Every [registered] professional land surveyor may administer and certify oaths when:
(a) It [becomes] is necessary to take testimony for the identification or establishment of old, lost or obliterated corners ; [.]
(b) A corner or monument is found in a perishable condition [.] ; or
(c) The importance of a survey makes it desirable to administer oaths to his assistants for the faithful performance of their duty.
2. A record of oaths [shall] must be prepared as part of the field notes of the survey, and a memorandum of them [shall] must be made on the record of survey to be filed under this chapter.
Sec. 25. NRS 625.325 is hereby amended to read as follows:
625.325 [On or before July 1, 1961, each registered land surveyor shall obtain a seal or rubber stamp capable of producing an ink impression of a design authorized by the board, bearing such surveyors name and the legend Registered Land Surveyor. The legend Registered Professional Engineer shall not be used.]
1. Each professional land surveyor must, upon registration, obtain a seal of the design authorized by the board, bearing his name and registration number and the legend Professional Land Surveyor.
2. A rubber stamp which produces in ink the same design and information required by subsection 1 may be used in lieu of the prescribed seal.
3. A professional land surveyor shall not use the legend Professional Engineer.
Sec. 26. NRS 625.330 is hereby amended to read as follows:
625.330 1. A [registered] professional land surveyor may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection therewith.
2. Every map, plat, report, drawing, description or other document issued by a [registered] professional land surveyor [shall] must be signed by him, endorsed with his certificate number, dated and stamped with his seal or rubber stamp, whenever such map, plat, report, drawing, description or other document is filed as a public record, filed with any public authority, or delivered as a formal or final document.
3. It is unlawful for a [registered] professional land surveyor to sign, stamp or seal any map, plat, report, description or other document relating to land surveying which was not prepared by him or for which he did not have the responsible charge of the work.
4. It is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the professional land surveyor named on the seal has expired or has been revoked, unless his certificate has been renewed or reissued.
Sec. 27. NRS 625.340 is hereby amended to read as follows:
625.340 After making a survey in conformity with the practice of land surveying, [the] a professional land surveyor shall, within 90 days after the establishment of points or lines, file with the county recorder in the county in which the survey was made a record of [such] survey relating to land boundaries and property lines, which discloses:
κ1989 Statutes of Nevada, Page 786 (CHAPTER 373, SB 169)κ
1. The result of an adjustment of a boundary line that causes a transfer of land between two abutting parcels but does not result in the creation of any additional parcels.
2. The boundary limits and configuration of any new parcel created in an industrial or commercial subdivision for which a final map has been filed previously pursuant to the provisions of chapter 278 of NRS.
3. Material evidence which, in whole or in part, does not appear on any map or record previously recorded or filed in the office of the municipal engineer, county recorder, county clerk, county surveyor, or in the Bureau of Land Management of the Department of the Interior.
[2.] 4. A material discrepancy with [such record.] a map or record described in subsection 3.
[3.] 5. Evidence that, by reasonable analysis, might result in alternate positions of points or lines.
[4.] 6. The establishment of one or more lines not shown on any [such a map,] map or record described in subsection 3, the positions of which are not ascertained from an inspection of [such a] the record or map without trigonometric calculations.
Sec. 28. NRS 625.360 is hereby amended to read as follows:
625.360 A record of survey is not required of any professional land surveyor when [:
1. It is of a preliminary nature.
2. A map is in preparation for recording or is recorded under present law.] a final map is recorded in compliance with the provisions of chapter 278 of NRS not later than 120 days after the establishment of points or lines.
Sec. 29. NRS 625.380 is hereby amended to read as follows:
625.380 1. Monuments set [shall] must be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey.
2. Any monument set by a [registered] professional land surveyor to mark or reference a point on property or [a landline shall] boundary line must be permanently and visibly marked or tagged with the [certificate] registration number of the professional land surveyor setting it, each number to be preceded by the letters [R.L.S.] P.L.S.
Sec. 30. NRS 625.390 is hereby amended to read as follows:
625.390 1. [Application] An applicant for registration as a professional engineer or land surveyor or for certification as an engineer-in-training or land surveyor-in-training must:
(a) [Be made on] Complete a form furnished and prescribed by the board;
(b) [Contain statements made] Answer all questions on the form under oath [, showing the applicants education and] ;
(c) Provide a detailed summary of his technical [experience; and
(c) Contain] training and education; and
(d) Provide the names of not less than [three:
(1) Registered professional] four:
(1) Professional engineers if applying for registration as a professional engineer or engineer-in-training [;] , three of whom must be registered in the same branch of engineering for which the applicant is applying for registration; or
κ1989 Statutes of Nevada, Page 787 (CHAPTER 373, SB 169)κ
same branch of engineering for which the applicant is applying for registration; or
(2) [Registered] Professional land surveyors [or registered professional engineers qualified in the branch of civil engineering] if applying for registration as a land surveyor or land surveyor-in-training,
who may be [residents of] registered in this or any other state and who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The board shall, by regulation, establish the application fee for professional engineers and professional land surveyors in an amount not more than [$100.] $200. The fee must accompany the application.
3. If the board denies a certificate to any applicant, or if an applicant fails to appear for examination, the fee paid must be retained as an application fee.
4. The board shall charge and collect from each applicant for certification as an engineer-in-training or a land surveyor-in-training a fee fixed by the board of not more than [$40,] $100, which includes the cost of examination and the issuance of a certificate. The certificate as an engineer-in-training is valid for 8 years, and the certificate as a land surveyor-in-training is valid for 6 years. At the end of the respective periods the certificates expire but may be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.
7. The board shall require the biennial renewal of each certificate of registration of a professional engineer or professional land surveyor and collect a renewal fee of not more than [$75,] $100, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
Sec. 31. NRS 625.397 is hereby amended to read as follows:
625.397 The board may require any person:
1. Whose certificate authorizing the person to practice professional engineering or land surveying has expired; or
2. Who has been the subject of a disciplinary proceeding before the board, to pass a written or oral examination as a condition of reinstating or renewing his certificate.
Sec. 32. NRS 625.410 is hereby amended to read as follows:
625.410 The board may take disciplinary action against any [registrant] person registered under the provisions of this chapter for any of the following reasons:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a [registered] professional land surveyor.
3. Aiding or abetting any person in the violation of any provision of this chapter.
4. A felony or any crime involving moral turpitude.
κ1989 Statutes of Nevada, Page 788 (CHAPTER 373, SB 169)κ
5. A violation of the rules or code of conduct adopted by the board under this chapter.
6. Revocation or suspension of the [registrants certificate or license] persons certificate to practice in any other jurisdiction for any of the reasons enumerated in this section.
Sec. 33. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, a majority of the members of the board vote in favor of finding the accused [registrant] professional engineer or land surveyor guilty, the board may:
1. Revoke the certificate of registration of the registered professional engineer or [registered] land surveyor;
2. Suspend the license or place the [registrant] professional engineer or land surveyor on probation for such periods as it deems necessary;
3. Fine the [registrant] professional engineer or land surveyor not more than $1,000 [;] for each violation of a provision of this chapter or any regulation adopted by the board; or
4. Take such other disciplinary action as the board deems appropriate.
Sec. 34. NRS 625.490 is hereby amended to read as follows:
625.490 The following persons are exempt from the provisions of this chapter concerning the practice of land surveying:
1. Any state, county, city or district employee directly responsible to a [registered] professional land surveyor.
2. Any subordinate to a [registered] professional land surveyor of this state, insofar as he acts as a subordinate.
3. Registered professional mining engineers engaged solely in surveys made for mining and milling purposes or facilities pertaining thereto.
4. Officers and employees of the United States Government who have qualified under federal regulations and have been authorized to make surveys for the government , [;] but such a governmental employee shall not engage in private practice as a land surveyor in Nevada unless he is registered under this chapter.
Sec. 35. NRS 625.530 is hereby amended to read as follows:
625.530 1. The State of Nevada or any of its political subdivisions, such as a county, city or town, shall not engage in any public work requiring the practice of professional land surveying or engineering, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a registered professional engineer , professional land surveyor or [a] registered architect.
2. Nothing in this section:
(a) Applies to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.
(b) Includes any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Authorizes either a professional engineer or a registered architect or a [registered] professional land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) Requires the services of an architect registered under chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if such buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
κ1989 Statutes of Nevada, Page 789 (CHAPTER 373, SB 169)κ
plant, if such buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a registered professional engineer , professional land surveyor or registered architect to perform services under subsection 1 must be made on the basis of the competence and qualifications of the engineer , land surveyor or architect for the type of services to be performed, and not on the basis of competitive fees. If, after selection of the engineer , land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another engineer , land surveyor or architect.
Sec. 36. NRS 625.550 is hereby amended to read as follows:
625.550 1. Any person who intentionally removes, changes or defaces any monument [set by a registered land surveyor, which monument] that has been property established and marked by a professional land surveyor as required by this chapter, [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.
2. For purposes of this section, the value of the loss resulting therefrom means the cost of restoring or replacing the monuments which have been removed, changed or defaced.
Sec. 37. NRS 625.560 is hereby amended to read as follows:
625.560 It [shall be] is unlawful for any person to sign, stamp or seal any map, plat, report, description or other document pertaining to the practice of land surveying unless he holds a valid unsuspended [license] certificate as a [registered] professional land surveyor.
Sec. 38. (Deleted by amendment.)
Sec. 39. NRS 255.025 is hereby amended to read as follows:
255.025 No person may hold the office of county surveyor unless he is [licensed as a registered] a professional land surveyor registered under the provisions of chapter 625 of NRS.
Sec. 40. NRS 270.020 is hereby amended to read as follows:
270.020 1. The city council, or other legislative board of any such city, upon its own motion or resolution or upon the petition of any property holder and taxpayer within the city, affected by such loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city surveyor or the county surveyor of the county in which the city is situate, or any other [registered] professional land surveyor, to make a complete survey of such city or of such part thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use [shall] must be shown.
2. The map or plat [shall] must show by course and distance accurate ties with well-known and established section, or quarter section, corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section, or quarter section, corner, monument or mark.
κ1989 Statutes of Nevada, Page 790 (CHAPTER 373, SB 169)κ
3. The map [shall] must be entitled substantially as follows: Map of survey of city of ...................(or of ........ addition to city of ............................, as the case may be) under the provisions of chapter 270 of NRS and in accordance with a resolution of the board of supervisors of the city of .................... (or as the case may be). Passed ................... (giving date).
4. The map [shall] must bear the sworn certificate of the surveyor making the same and [shall] must be made upon vellum, tracing cloth or other material of a permanent nature generally used for such purpose in the engineering profession, and [shall] must be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other property devoted to public use. Where there is any uncertainty as to the correct position, description or line of any lot, block, street, alley or other piece or parcel of property affected, or wherever there is a conflict or contradiction in point, line, numbering, lettering or other description, by reason of conflicting maps, theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or plat, or otherwise, the same [shall] must be clearly shown or indicated. Wherever the line on which fences, buildings or other improvements have been built in accordance with prior maps, plats or surveys, or otherwise, and the same appear to be in conflict with the lines, points or directions, as shown in the map or plat herein provided for, such conflict or conflicts [shall] must likewise be clearly shown.
5. The map may be prepared in as many sections and with such changes in scale as may be necessary to show clearly the matters herein required.
Sec. 41. NRS 278.371 is hereby amended to read as follows:
278.371 1. The survey, setting of monuments and final map must be made by a professional land surveyor registered in the State of Nevada.
2. The final monuments must be set before the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body or planning commission guaranteeing that the subdivider will provide a [registered] professional land surveyor to set the monuments on or before a day certain. The governing body or planning commission shall determine the amount of the performance bond, if any is required. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment must be filed and recorded.
3. The final monument must, except as otherwise provided in subsections 6 and 7, consist of a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly embedded in the ground, with a minimum diameter of 5/8 of an inch and a length sufficient to resist removal, and a mark for the exact point and stamped [RLS] PLS followed by the professional land surveyors registration number.
4. Final monuments must be set at:
(a) Each corner of the boundary of the subdivision and at any point necessary to ensure that each monument on a given boundary can be seen from the next monument on that boundary.
(b) Intersections of centerlines of streets.
(c) Sufficient locations along the centerlines of streets so that the centerlines may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.
κ1989 Statutes of Nevada, Page 791 (CHAPTER 373, SB 169)κ
to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.
(d) A position for a corner of the system of rectangular surveys directly relevant to property lines and corners of the subdivision.
The governing body shall, by ordinance, adopt any additional standards for the setting of final monuments which are reasonably necessary.
5. A final monument required in subsection 4 which falls in a paved area must:
(a) Consist of a well with lid placed so that the top of the tablet, disc or cap of the monument is not less than 4 inches below the surface of the pavement; or
(b) Be of comparable construction as required by the governing body.
The monument must be set flush with the top of the pavement with such references as are required by the governing body.
6. If a point designated in subsection 4 falls on solid bedrock or on a concrete or stone roadway, curb, gutter or walk, a durable nonferrous metal tablet, disc or cap must be securely anchored in the rock or concrete and marked as required in subsection 3.
7. If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of proposed construction, one or more reference monuments must be set. In addition to the physical requirements for a monument set forth in subsections 3 to 6, inclusive, the letters RM and WC must be stamped in the tablet, disc or cap. If only one reference monument is used, it must be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments must be set. These monuments shall be deemed final monuments.
8. A corner of a lot must be set by the land surveyor in the manner approved by the governing body.
Sec. 42. NRS 278.375 is hereby amended to read as follows:
278.375 A final map presented for filing must include a certificate of the surveyor responsible for the survey. The certificate must be in the following form:
Surveyors Certificate
I, .............................(Name of Surveyor), a [Registered] Professional Land Surveyor registered in the State of Nevada, certify that:
1. This is a true and accurate representation of the lands surveyed under my supervision at the instance of .....................................................................................................
(Owner, Trustee, Etc.)
κ1989 Statutes of Nevada, Page 792 (CHAPTER 373, SB 169)κ
2. The lands surveyed lie within .............................................................................
(Section(s), Township, Range,
Meridian and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less)
and the survey was completed on ..............................................(date)
3. This plat complies with the applicable state statutes and any local ordinances.
4. The monuments are of the character shown and occupy the positions indicated.
(OR)
4. The monuments will be of the character shown and occupy the positions indicated by .................................................. (a day certain) and that an appropriate performance bond has been or will be posted with the Governing Body to assure their installation.
.................................................................. .......................................................
date Name of Surveyor,
Registration Number and Seal
Sec. 43. NRS 278.376 is hereby amended to read as follows:
278.376 1. A final map presented for filing [shall] must include a certificate by the county surveyor or county engineer if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of the city, stating:
(a) That he has examined the final map; and
(b) That the map is technically correct and that if the monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.
2. The person certifying the information required by this section [shall] must be a [registered] professional land surveyor or a registered civil engineer.
Sec. 44. NRS 278.464 is hereby amended to read as follows:
278.464 1. The governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall review and approve, conditionally approve or disapprove a parcel map and if unusual circumstances exist may waive the requirement for a parcel map or survey.
2. Before waiving a parcel map or survey, a determination [shall] must be made by the county surveyor or another [registered] professional land surveyor that a survey is not required.
3. Unless the time is extended by mutual agreement a request for waiver or the submission of a parcel map [shall] must be acted upon within 30 days or in the absence of action shall be deemed approved.
4. An applicant aggrieved by a decision of the governing bodys authorized representative may appeal to the planning commission within 30 days and the commission shall render its decision within 45 days after filing of the appeal.
κ1989 Statutes of Nevada, Page 793 (CHAPTER 373, SB 169)κ
and the commission shall render its decision within 45 days after filing of the appeal.
5. If the planning commission denies the appeal, the applicant may appeal to the governing body within 30 days and the governing body shall render its decision within 45 days after filing of the appeal.
6. The approval of a parcel map and the associated land division [shall] must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing bodys designated representative or the chairman of the planning commission.
Sec. 45. NRS 278.466 is hereby amended to read as follows:
278.466 1. The parcel map must be legibly drawn in black waterproof india ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for [such] that purpose in the engineering profession. The size of each sheet must be 24 by 32 inches. A marginal line must be 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.
2. A parcel map must indicate the owner of any adjoining land, or any right of way if owned by the person dividing the land.
3. A parcel map must show the area of each parcel or lot and the total area of the land to be divided in the following manner:
(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
(b) In square feet if the area is less than 2 acres.
4. If a survey is required, the parcel map must show:
(a) All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto.
(b) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.
(c) The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.
(d) A memorandum of oaths.
(e) The signature of the surveyor.
(f) [Date] The date of the survey.
(g) The signature of the owner or owners of the land to be divided.
(h) Any easements granted or dedications made.
(i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
5. If a survey is not required, the parcel map must show:
(a) By appropriate reference to the existing information on which it is based, the tract to be divided and the resulting lots;
(b) The means of access to the several lots;
(c) The signature of the owner or owners of the land to be divided;
(d) Any easements granted or dedications made; and
(e) Any other data necessary for an intelligent interpretation of the division and the access.
6. If a survey is not required for the preparation of a parcel map, the map must be prepared by a [registered] professional land surveyor, but his certificate upon the map may include substantially the following:
κ1989 Statutes of Nevada, Page 794 (CHAPTER 373, SB 169)κ
This map was prepared from existing information (identifying it and stating where filed or 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 document.
7. If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the land division.
8. Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in [such] the parcel.
Sec. 46. 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;
(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 must be prepared by a [registered] professional 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 or 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. 47. NRS 278.4713 is hereby amended to read as follows:
278.4713 1. Unless the filing of a tentative map is waived, any person who proposes to make [such] a division of land [shall] must first file a tentative map with the planning commission for the area in which the land is located, or with the clerk of the governing body if there is no planning commission, and a filing fee of no more than $250 set by the governing body.
2. This map must be:
(a) Entitled Tentative Map of Division into Large Parcels; and
(b) Prepared and certified by a [registered] professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.
(b) All roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.
(c) Any easements for public utilities which exist or which are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
κ1989 Statutes of Nevada, Page 795 (CHAPTER 373, SB 169)κ
(e) An indication of any existing road or easement which the owner does not intend to dedicate.
(f) The name and address of the owner of the land.
4. Each lot must be accessible by road or easement traversable by vehicles suited to the area, unless this requirement is waived by the governing body.
Sec. 48. 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] after the date of its 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] not later than 1 year 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] professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date of the survey or based upon the most recent government survey and show the date of approval of 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 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.
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. 49. NRS 278.473 is hereby amended to read as follows:
278.473 1. If an error or omission is found in any subdivision plat, record of survey, parcel map, map of division into large parcels, or reversionary map and the correction does not change or purport to change the physical location of any survey monument, property line or boundary line, the county surveyor or governing body may cause a certificate of amendment to be filed and recorded.
κ1989 Statutes of Nevada, Page 796 (CHAPTER 373, SB 169)κ
physical location of any survey monument, property line or boundary line, the county surveyor or governing body may cause a certificate of amendment to be filed and recorded. The surveyor who made the survey shall prepare and record the certificate within 90 days after notification by the county surveyor or governing body. If the surveyor is no longer professionally active in the county, the county surveyor or a [registered] professional land surveyor appointed by the board of county commissioners shall prepare the certificate.
2. The certificate of amendment must:
(a) Be in the form of a letter addressed to the county surveyor or the governing body;
(b) Specify the title and recording date of the document being amended;
(c) Concisely state the data being amended and the correction or omission;
(d) Be dated, signed and sealed by the surveyor preparing the certificate; and
(e) Contain the following statement, dated and signed by the county surveyor or a [registered] professional land surveyor appointed by the county governing body:
I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends the document as to make it technically correct.
3. Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 50. NRS 278.477 is hereby amended to read as follows:
278.477 1. Any amendment of a recorded subdivision plat, parcel map, map of division into large parcels, or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels, or record of survey , the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat , only those procedures for the approval and filing of a final map and the requirements of subsection 2 apply.
2. Any amended plat, map or survey must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words Amended Plat of prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorders index information;
κ1989 Statutes of Nevada, Page 797 (CHAPTER 373, SB 169)κ
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorders information and stamp;
(e) Contain the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f) Contain a certificate of the [registered] professional land surveyor who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance; and
(g) Contain a certificate executed by the appropriate county surveyor, county engineer or city engineer if he is a [registered] professional land surveyor or a registered civil engineer stating that he has examined the document and that it is technically correct.
3. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 51. NRS 329.190 is hereby amended to read as follows:
329.190 No corner record may be filed unless it is signed by a [registered] professional land surveyor or, in the case of any agency of the United States Government, by the official making the survey, who shall designate his official title and the agency for which he is employed.
Sec. 52. NRS 329.210 is hereby amended to read as follows:
329.210 Any surveyor who fails to comply with the provisions of this chapter is guilty of gross negligence, incompetency or misconduct in the practice of land surveying as a [registered] professional land surveyor and is subject to disciplinary action pursuant to NRS 625.460.
Sec. 53. NRS 517.215 is hereby amended to read as follows:
517.215 1. When a record of survey filed with the county recorder by a [registered] professional land surveyor shows the location of a mining claim, the county recorder shall compare that record of survey to the county map of mining claims and ascertain whether the location of the claim is accurate according to the record of survey.
2. If the county map inaccurately shows the location of the claim, the county recorder shall propose a change to the county map and mail a notice to all persons whose claims would be affected by the proposed change.
3. The notice must include:
(a) A description of the proposed change; and
(b) A statement advising the owner of the claim that the proposed change will be made unless he makes a written request to the county recorder for a hearing within 30 days.
4. If a request for a hearing is not received by the county recorder within 30 days after he mailed the notice, the county recorder shall make the proposed change to the county map.
κ1989 Statutes of Nevada, Page 798 (CHAPTER 373, SB 169)κ
5. Upon receipt of a request for a hearing the county recorder shall request the board of county commissioners to hold a hearing on the proposed change.
6. Upon receipt of such a request the board of county commissioners shall, after notifying the county recorder and the owner of the mining claim at least 30 days in advance, hold a hearing and determine whether the proposed change is to be made.
Sec. 54. Section 46 and 48 of this act become effective at 12:01 a.m. on October 1, 1989.
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Senate Bill No. 99Committee on Commerce and Labor
CHAPTER 374
AN ACT relating to traffic laws; increasing the maximum width of manufactured or mobile homes, or similar types of vehicles or structures, whose movement on the highways may be specially authorized; and providing other matters properly relating thereto.
[Approved June 17, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
Manufactured home has the meaning ascribed to it in NRS 489.113.
Sec. 2. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, [and] section 1 of [this act,] chapter 136, Statutes of Nevada 1989, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 484.762 is hereby amended to read as follows:
484.762 1. The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a [trailer coach] manufactured or mobile home , or any other similar type of vehicle or structure, in excess of the maximum width, but not exceeding, except as otherwise provided in NRS 484.7625, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The department of transportation may establish seasonal or other limitations on the time within which the [trailer coach or mobile home described] home, vehicle or structure may be moved on the highways indicated, and may require an undertaking or other security as may be considered necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of [trailer coaches or mobile] homes , vehicles or structures as provided for in this section may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
κ1989 Statutes of Nevada, Page 799 (CHAPTER 374, SB 99)κ
(a) The power unit used to tow an overwidth [trailer coach or mobile] home , vehicle or structure having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.
(b) The power unit used to tow an overwidth [trailer coach or mobile] home , vehicle or structure having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 relating to maximum weight on axles.
(d) The insurer must furnish evidence of insurance verifying coverage of the overwidth [trailer coach or mobile] home , vehicle or structure in the amount of $100,000 because of bodily injury to or death of one person in any one accident, in the amount of $300,000 because of bodily injury to or death of two or more persons in any once accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.
2. A permit which has been issued for the movement of a [trailer coach] manufactured or mobile home , or a similar type of vehicle or structure, is not valid between sunset and sunrise. The director of the department of transportation may establish additional reasonable regulations, consistent with this section, including regulations concerning the movement of such a [trailer coach or mobile] home , vehicle or structure on a Saturday, Sunday or a legal holiday, as he considers necessary in the interest of public safety.
Sec. 4. NRS 484.7625 is hereby amended to read as follows:
484.7625 1. The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a [trailer coach] manufactured or mobile home , or any other similar type of vehicle or structure, in excess of 120 inches in width but not exceeding 168 inches in width, exclusive of [appendages,] :
(a) Appendages which must not extend beyond 3 inches on either side [.] ; and
(b) Roof eaves which, in total of both sides, must not extend more than 24 inches.
2. If an applicant demonstrates that he may suffer severe economic hardship and the loss of his residence if he is not allowed to move a manufactured or mobile home, or other similar type of vehicle or structure, in excess of 168 inches but not exceeding 192 inches in width, the department of transportation may issue a special one-trip permit in writing authorizing the applicant to move the home, vehicle or structure. Such a permit may be issued if the applicant:
(a) Owns the home, vehicle or structure at the time the application is made; and
(b) Intends to reside in the home, vehicle or structure in this state after it is moved.
The department may not issue such a permit to an applicant who purchases such a home, vehicle or structure outside the state and intends to move it into the state for lease, resale or business purposes.
κ1989 Statutes of Nevada, Page 800 (CHAPTER 374, SB 99)κ
3. The movement of [the trailer coach] a manufactured or mobile home , or a similar type of vehicle or structure, pursuant to subsection 1 or 2 is, in addition to the conditions and requirements of NRS 484.762, subject to the following requirements and conditions:
(a) Wide-load signs and red flags must be on the front of the towing vehicle and on the rear of the [trailer coach or mobile home.] home, vehicle or structure.
(b) The towing vehicle must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.
(c) The applicant must present evidence satisfactory to the department that he is financially responsible and that he has complied or is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing vehicle must be operated with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth [trailer] home, vehicle or structure and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and [trailer coach or mobile] the home, vehicle or structure off the pavement where safe to do so, in order that traffic may pass.
(f) When two or more [trailer coaches or mobile] homes , vehicles or structures in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.
[2.] 4. The department of transportation shall:
(a) Designate the highways over which [trailers] manufactured or mobile homes, or other similar types of vehicles or structures, in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.
(b) Prescribe additional regulations relating to moving such [trailer coaches or mobile] homes, vehicles or structures, including the times and days when such moving is permitted, and additional safety precautions to be taken.
Sec. 5. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.
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