[Rev. 2/12/2019 1:13:04 PM]
κ1989 Statutes of Nevada, Page 801κ
Assembly Bill No. 667Assemblymen Gibbons, Chowning, Regan, McGinness, Diamond, Thompson, Bogaert, Nevin, Sheerin, Callister, Banner, Myrna Williams, Price, Schofield, McGaughey, Kissam and Spinello
CHAPTER 375
AN ACT relating to administrators of nursing facilities; increasing the fee for a license as an administrator of a nursing facility; changing the date for the expiration of a license; 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 654.140 is hereby amended to read as follows:
654.140 1. The board shall prescribe and furnish an application form for the use of all persons who desire to be licensed [under] pursuant to this chapter.
2. All applications filed with the board must be accompanied by the required fee, [which fee shall be] the fee is fixed by the board in an amount not to exceed [$100.] $250.
3. The board may fix and charge an additional fee to cover the cost of administering the examinations if the board determines that there [are] is not sufficient other [funds] money to cover such costs.
Sec. 2. NRS 654.170 is hereby amended to read as follows:
654.170 1. The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 and shall affix its official seal to the license.
2. Each license issued by the board [under] pursuant to this chapter expires [on December 31 of the year following the year of its issuance] 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.
3. Any licensed nursing facility administrator may renew his license by applying for renewal in the manner prescribed by the board and paying the renewal fee fixed by the board.
4. The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.
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κ1989 Statutes of Nevada, Page 802κ
Assembly Bill No. 716Committee on Natural Resources, Agriculture and Mining
CHAPTER 376
AN ACT relating to the state board of agriculture; increasing the size of the board by adding one member who is actively engaged in the petroleum industry; 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 561.045 is hereby amended to read as follows:
561.045 There is hereby created in the state department of agriculture a state board of agriculture composed of [nine] 10 members appointed by the governor.
Sec. 2. NRS 561.055 is hereby amended to read as follows:
561.055 1. Three members of the board must be actively engaged in range or semirange cattle production, one in dairying, one in general farming, one in growing crops which are planted in rows spaced to permit mechanical cultivation, one in beekeeping, one in the control of pests , one in the petroleum industry and one in raising nursery stock.
2. No more than 2 members may be residents of the same county, and the range or semirange cattle production members must be residents of different counties.
Sec. 3. NRS 561.095 is hereby amended to read as follows:
561.095 1. The members of the board may meet at such times and at such places as may be specified by the call of the chairman or a majority of the board and a meeting of the board may be held regularly at least once every 3 months. In case of emergency, special meetings may be called by the chairman or by the executive director.
2. [Five] Six members of the board constitute a quorum. A quorum may exercise all authority conferred on the board.
3. Minutes of each meeting, regular or special, must be filed with the department and are public records.
Sec. 4. This act becomes effective on July 1, 1989.
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κ1989 Statutes of Nevada, Page 803κ
Assembly Bill No. 622Committee on Government Affairs
CHAPTER 377
AN ACT relating to public utilities; allowing a public utility to disclose the name of a customer to a law enforcement agency for the purposes of an investigation; 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 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. To further a criminal or civil investigation, the chief executive officer or acting chief executive officer of any law enforcement agency of this state may submit a written request to a public utility that the name and address of a person listed in the records of the customers of the public utility be disclosed to the agency.
2. The request must:
(a) If available, contain the social security number of the person about whom the request is made;
(b) Contain a statement that the request is made to further a criminal or civil investigation being conducted by the agency; and
(c) Be signed by the chief executive officer or acting chief executive officer of the law enforcement agency.
Sec. 3. 1. Upon receipt of a request by a law enforcement agency pursuant to section 2 of this act, a public utility shall disclose the name and address of the person listed in the records of customers of the public utility to the agency.
2. The public utility may charge a reasonable fee for any administrative expense related to the disclosure.
3. A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.
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κ1989 Statutes of Nevada, Page 804κ
Assembly Bill No. 600Committee on Government Affairs
CHAPTER 378
AN ACT relating to local financial administration; requiring the department of taxation to provide a preliminary estimate of the amount of supplemental city-county relief tax a local government will receive; 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 354.59805 is hereby amended to read as follows:
354.59805 1. Except as otherwise provided in NRS 354.59816 and 354.59873, the maximum amount of money which a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
(a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation excluding the assessed valuation attributable to a redevelopment area or tax increment area and as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, [1982,] 1990, the executive director of the department of taxation shall provide [this estimate] to the local government a preliminary estimate on or before February 15 and a final estimate on or before March 15 preceding the fiscal year to which [it applies.] the estimates apply. A local government may, on or before April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
(c) Then reducing the amount resulting from paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
2. For the purpose of calculating the applicable limits provided in this section and NRS 354.59811 and 354.59816 for a fire protection district, the county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.
κ1989 Statutes of Nevada, Page 805 (CHAPTER 378, AB 600)κ
from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.
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Assembly Bill No. 599Committee on Government Affairs
CHAPTER 379
AN ACT relating to taxation; authorizing the adjustment of the maximum allowable revenue from property taxes to accommodate the voluntary consolidation of services; excluding certain property from the calculation of the limitation upon revenue from taxes ad valorem of a fire protection district; 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 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3 of NRS 354.5982 and subsection 2 of NRS 354.5987, if one local government takes over a function or provides a service previously performed by another local government pursuant to an agreement between the local governments, upon petition by the participating local governments, the executive director of the department of taxation shall:
(a) Reduce the maximum allowable revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which previously performed the function or provided the service, for the first year the service is provided or the function is performed by an amount equal to the cost of performing the function or providing the service; and
(b) Increase the maximum allowable revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which assumed the performance of the function or the provision of the service, for the first year the service is provided or the function is performed by an amount equal to the amount by which the reduction was made pursuant to paragraph (a).
2. The changes required by subsection 1 do not apply to the calculations required by NRS 354.59816 and 377.057. In addition to the changes required by subsection 1, the executive director of the department of taxation shall make any other adjustments necessary to ensure that there is no fiscal impact upon either local government in the calculations required by NRS 354.59816 and 377.057 as a result of the changes required by subsection 1.
Sec. 2. NRS 354.59805 is hereby amended to read as follows:
354.59805 [1.] Except as otherwise provided in NRS 354.59816 and 354.59873, the maximum amount of money which a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
κ1989 Statutes of Nevada, Page 806 (CHAPTER 379, AB 599)κ
valorem, other than those attributable to the net proceeds of minerals or for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
[(a)] 1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation excluding the assessed valuation attributable to a redevelopment area or tax increment area and as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this [paragraph:
(1)] subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
[(2)] (b) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
[(b)] 2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before March 15 preceding the fiscal year to which it applies. A local government may, on or before April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
[(c)] 3. Then reducing the amount resulting from [paragraphs (a) and (b)] subsections 1 and 2 if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
[2. For the purpose of calculating the applicable limits provided in this section and NRS 354.59811 and 354.59816 for a fire protection district, the county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.]
Sec. 3. NRS 354.59811 is hereby amended to read as follows:
354.59811 For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals , [and the] assessed valuation attributable to a redevelopment area or tax increment area [,] and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.
κ1989 Statutes of Nevada, Page 807 (CHAPTER 379, AB 599)κ
increment area [,] and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year.
Sec. 4. NRS 354.59816 is hereby amended to read as follows:
354.59816 1. For the fiscal years beginning on and after July 1, 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including the assessed valuation of property on the central assessment roll allocated to the local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, is added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government, including the assessed valuation of property added to the central assessment roll in the past year and allocable to the local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation, including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
2. The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of the fire protection district.
3. If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.
[3.] 4. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
κ1989 Statutes of Nevada, Page 808 (CHAPTER 379, AB 599)κ
Sec. 5. This act becomes effective upon passage and approval.
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Assembly Bill No. 596Committee on Government Affairs
CHAPTER 380
AN ACT relating to property tax; allowing the boards of county commissioners and county assessors to designate representatives to meet with the Nevada tax commission concerning ratio studies; 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 361.333 is hereby amended to read as follows:
361.333 1. Not later than May 1 of each year, the department shall:
(a) Determine the ratio of the assessed value of each type or class of property for which the county assessor has the responsibility of assessing in each county to:
(1) The assessed value of comparable property in the remaining counties.
(2) The taxable value of that type or class of property within that county.
(b) Publish and deliver to the county assessors and the boards of county commissioners of the counties of this state:
(1) The average ratio of assessed valuation to the taxable value of property in each county and the state.
(2) The average ratio of assessed valuation to the taxable value of property in each county.
2. The ratio study must be conducted on nine counties in one year and eight counties in the next year with the same combination of counties being tested in alternate years.
3. The formulas and standard procedures used by the department in conducting the ratio study must include a random sampling of property and sales and the use of the mean, median, standard deviation and any other statistical criteria that will indicate an accurate ratio of taxable value to assessed value and accurate measure of assessment equality. The formulas and standard procedures are the mandatory formulas and procedures to be used by the county assessors.
4. During the month of May of each year, the board of county commissioners , or a representative designated by the boards chairman, and the county assessor , or a representative designated by the assessor, of each county in which the ratio study was conducted shall meet with the Nevada tax commission. The board of county commissioners and the county assessor , or their representatives, shall:
(a) Present evidence to the Nevada tax commission of the steps taken to [insure] ensure that all property subject to taxation within the county has been assessed as required by law.
κ1989 Statutes of Nevada, Page 809 (CHAPTER 380, AB 596)κ
(b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the appraisal procedure provided in paragraph (c) of subsection 5 have been complied with.
5. At the conclusion of each meeting with the board of county commissioners and the county assessor, or their representatives, the Nevada tax commission shall:
(a) If it finds that all property subject to taxation within the county has been assessed at the proper percentage, take no further action.
(b) If it finds that any class of property, as designated in the segregation of the tax roll filed with the secretary of the state board of equalization pursuant to NRS 361.390, is assessed at less or more than the proper percentage, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of that class on the succeeding tax list and assessment roll.
(c) If it finds the existence of underassessment or overassessment wherein the ratio of assessed value to taxable value is less than 30 percent or more than 37 1/2 percent within each of the several classes of property of the county which are required by law to be assessed at 35 percent of their taxable value, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the department. The payment of such appraisers fees is a proper charge against the [funds of the] county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at the rate of assessment required by law. The appraisers may cooperate with the department in making their determination if so agreed by the appraisers and the department, and shall cooperate with the department in preparing a report to the Nevada tax commission. The report to the Nevada tax commission must be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at the rate required by law, a copy of the report must be transmitted to the board of county commissioners by the department before November 1. The board of county commissioners shall than order the county assessor to raise or lower the assessment of such property to the rate required by law on the succeeding tax list and assessment roll.
6. The Nevada tax commission may adopt regulations reasonably necessary to carry out the provisions of this section.
7. Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.
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κ1989 Statutes of Nevada, Page 810κ
Assembly Bill No. 576Assemblyman Price
CHAPTER 381
AN ACT relating to juveniles; reducing under certain circumstances the number of adjudications that a child has committed an offense equivalent to a felony which must exist before the childs name can be published in reference to current charges; 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 62.355 is hereby amended to read as follows:
62.355 1. Except as otherwise provided in subsections 2 and 3, the name or race of any child connected with any proceedings under this chapter may not be published in or broadcasted or aired by any news medium without a written order of the court.
2. If there [have] :
(a) Has been a prior adjudication that a child has committed an offense resulting in death or serious bodily injury which would be a felony if committed by an adult; or
(b) Have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult,
and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.
3. The court may release for publication and broadcast the names of and nature of the charges against children who are adjudicated to be serious or chronic offenders.
Sec. 2. Section 1 of this act becomes effective as 12:01 a.m. on October 1, 1989.
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κ1989 Statutes of Nevada, Page 811κ
Assembly Bill No. 563Assemblymen Sader, Adler, Arberry, Bergevin, Bogaert, Brookman, Callister, Carpenter, Chowning, Diamond, DuBois, Evans, Freeman, Garner, Gaston, Gibbons, Humke, Jeffrey, Kerns, Kissam, Lambert, McGaughey, McGinness, Marvel, Nevin, Porter, Price, Regan, Schofield, Sedway, Sheerin, Spinello, Spriggs, Swain, Thompson, Triggs, Myrna Williams, Wendell Williams, Wisdom and Dini.
CHAPTER 382
AN ACT relating to collegiate athletics; creating a cause of action against a person who causes a violation of a rule of a national collegiate athletic association; regulating contractual relationships between sports agents and student athletes; 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 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Contractual relationship means an agreement between a sports agent and student athlete under which the sports agent agrees to:
1. Obtain or attempt to obtain employment for the student athlete with a professional sports team or as a professional athlete;
2. Provide loans, advances of money, services or other material goods to further the student athletes pursuit of a career in professional sports; or
3. Represent the student athlete in any matter related to the student athletes pursuit of a career in professional sports.
Sec. 4. Eligibility means the period of time during which a student athlete is enrolled as a student at an institution and is permitted to compete in intercollegiate athletic events by the institution and the national collegiate athletic association to which the institution is a member.
Sec. 5. Head coach means the head coach of each intercollegiate athletic event in which the student athlete competes.
Sec. 6. Institution means a public or private institution that offers educational services beyond the secondary level. The term includes:
1. A postsecondary educational institution as defined in NRS 394.099.
2. A university as defined in NRS 396.838.
Sec. 7. National collegiate athletic association means a group of institutions in 40 or more states who are governed by the rules of the association relating to athletic competition.
Sec. 8. Sports agent means a person who solicits, personally or through an agent or employee, a student athlete to enter into a contractual relationship. The term does not include an attorney acting as legal counsel for the student athlete.
κ1989 Statutes of Nevada, Page 812 (CHAPTER 382, AB 563)κ
Sec. 9. Student athlete means a student who is eligible and competes individually or as a member of a team in intercollegiate athletic events subject to the rules of the national collegiate athletic association to which the institution the student athlete is attending is a member.
Sec. 10. 1. A person who causes a student athlete or an institution to violate a rule of the national collegiate athletic association to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:
(a) The person knew or reasonably should have known that a rule was violated or would be violated; or
(b) The violation of the rule is a contributing cause of:
(1) Disciplinary action, including loss of eligibility, taken by the institution against a student athlete; or
(2) Disciplinary action taken by the national collegiate athletic association against the institution or a student athlete.
2. Damages that may be awarded against a person who causes a violation of a rule of a national collegiate athletic association, or aids in any such violation, include lost revenues to the institution from:
(a) Lost contracts for televising athletic events;
(b) A decline in ticket sales;
(c) Being prohibited from participating in postseason athletic events and tournaments; and
(d) Other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.
3. It is a defense to a cause of action under the provisions of this section that, at the time the rule of the national collegiate athletic association was violated, the defendant was an employee of the:
(a) National collegiate athletic association whose rule was violated; or
(b) Institution maintaining the action,
and was acting within the scope of his employment.
4. If an institution prevails in an action brought pursuant to this section, it is entitled to an award of reasonable attorneys fees and costs.
Sec. 11. 1. A contractual relationship between a student athlete and a sports agent must:
(a) Be in writing;
(b) Be signed by the student athlete and the sports agent;
(c) Be notarized by a notary public; and
(d) Contain a notice in substantially the following form:
WARNING: A student athlete who signs this agreement may lose eligibility to compete in intercollegiate athletics.
Nevada law requires that notice of this agreement be sent by registered or certified mail to the president and athletic director of the institution the student athlete is attending and the head coach of each intercollegiate athletic event in which the student athlete competes for it to be valid and enforceable.
κ1989 Statutes of Nevada, Page 813 (CHAPTER 382, AB 563)κ
which the student athlete competes for it to be valid and enforceable.
Under Nevada law, a student athlete may rescind this agreement within 20 days after the date he signs the agreement or the date on which the president, athletic director and head coach of the institution the student athlete is attending receives notice of the agreement.
A student athlete who signs this agreement before the last intercollegiate competition for which he is eligible and competes after signing the agreement may cause his team to forfeit all games in which he competes after signing the agreement and may render his team ineligible for postseason competition.
2. A notarized copy of the writing required by subsection 1 must be provided to the student athlete at the time he signs it.
3. A sports agent who enters into a contractual relationship with a student athlete during the student athletes period of eligibility shall, not later than 3 days after entering into the contractual relationship, send notice of the contractual relationship by registered or certified mail to the representatives of the institution the student athlete is attending.
4. A student athlete may rescind a contractual relationship he has entered into with a sports agent by providing the sports agent with written notice of his rescission not later than 20 days after:
(a) Signing the agreement; or
(b) Notice of the contractual relationship is received by the president, athletic director and head coach of the institution the student athlete is attending.
5. A student athlete may not waive his right to rescind a contractual relationship pursuant to subsection 4.
6. Any consideration received by a student athlete pursuant to a contractual relationship with a sports agent or to induce the student athlete to enter into a contractual relationship with a sports agent shall be deemed a gift to the student athlete if the student athlete rescinds the agreement pursuant to subsection 4 or if the agreement is void and unenforceable.
7. Any contractual relationship between a student athlete and a sports agent which does not comply with the provisions of this section is void and unenforceable.
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κ1989 Statutes of Nevada, Page 814κ
Assembly Bill No. 516Assemblymen Sedway, Spinello, Callister, Porter and Myrna Williams
CHAPTER 383
AN ACT relating to the tax on controlled substances; allowing local governments to retain all civil penalties imposed for the failure to pay the tax; modifying the use of other proceeds of the tax; 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 372A.070 is hereby amended to read as follows:
372A.070 1. A person shall not sell, offer to sell or possess with the intent to sell a controlled substance unless he first:
(a) Registers with the department as a dealer in controlled substances and pays an annual fee of $250; and
(b) Pays a tax on:
(1) Each gram of marihuana, or portion thereof, of $100;
(2) Each gram of any other controlled substance, or portion thereof, of $1,000; and
(3) Each 50 dosage units of a controlled substance that is not sold by weight, or portion thereof, of $2,000.
2. For the purpose of calculating the tax imposed by subparagraphs (1) and (2) of paragraph (b) of subsection 1, the controlled substance must be measured by the weight of the substance in the dealers possession, including the weight of any material, compound, mixture or preparation that is added to the controlled substance.
3. The department shall not require a registered dealer to give his name, address, social security number or other identifying information on any return submitted with the tax.
4. Any person who violates subsection 1 if subject to a civil penalty of 100 percent of the tax in addition to the tax imposed by subsection 1. Any civil penalty imposed pursuant to this subsection must be collected as part of the tax.
5. The district attorney of any county in which a dealer resides may institute and conduct the prosecution of any action for violation of subsection 1.
6. Property forfeited or subject to forfeiture pursuant to NRS 453.301 must not be used to satisfy a fee, tax or penalty imposed by this section.
Sec. 2. NRS 372A.110 is hereby amended to read as follows:
372A.110 1. All taxes [, fees and civil penalties] and fees collected by the department pursuant to this chapter, after deducting the actual cost of producing the stamps and administering this chapter, must be deposited with the state treasurer for credit to the state general fund [.
2. One-half of the money deposited in the state general fund pursuant to subsection 1 must be accounted for separately and used only] and accounted for separately.
2. The governor or his designee shall administer the money credited to the state general fund pursuant to subsection 1. The money may be expended only for grants to county and city law enforcement agencies for the enforcement of chapter 453 of NRS.
κ1989 Statutes of Nevada, Page 815 (CHAPTER 383, AB 516)κ
for grants to county and city law enforcement agencies for the enforcement of chapter 453 of NRS.
3. [One-half of any] Any civil penalty collected by a district attorney pursuant to NRS 372A.070 must be deposited in the county treasury for the purposes of law enforcement and conducting criminal prosecutions. [The remainder must be deposited with the state treasurer for credit to the state general fund.
4. One-half of the money deposited in the state general fund pursuant to subsection 3 must be accounted for separately and used only for the enforcement of chapter 453 of NRS.]
________
Assembly Bill No. 511Committee on Commerce
CHAPTER 384
AN ACT relating to traditional Oriental medicine; revising the composition of the state board of Oriental medicine; authorizing licensees to refer to themselves as physicians of traditional Oriental medicine; 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 634A.030 is hereby amended to read as follows:
634 .030 1. The state board of Oriental medicine, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint to the board:
(a) Three members who are licensed pursuant to this chapter.
(b) Two members who are representatives of the general public.
3. Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution before someone qualified to administer oaths.
Sec. 2. NRS 634A.190 is hereby amended to read as follows:
634A.190 1. Persons licensed pursuant to this chapter are not subject to the provisions of chapter 630 of NRS.
2. A person who is licensed pursuant to this chapter to practice traditional Oriental medicine may refer to himself as a physician of traditional Oriental medicine.
Sec. 3. 1. The terms of the current members of the state board of Oriental medicine expire on October 1, 1989.
2. The governor shall appoint to the board:
(a) One person who is licensed pursuant to chapter 634A of NRS and one representative of the general public to terms that expire on June 30, 1992;
(b) One person who is licensed pursuant to chapter 634A of NRS and one representative of the general public to terms that expire on June 30, 1991; and
κ1989 Statutes of Nevada, Page 816 (CHAPTER 384, AB 511)κ
(c) One person who is licensed pursuant to chapter 634A of NRS to a term that expires on June 30, 1990.
________
Assembly Bill No. 497Committee on Judiciary
CHAPTER 385
AN ACT relating to trade practices; prohibiting certain activities of sports agents; 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 598 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A sports agent shall not:
(a) Publish any false, fraudulent or misleading advertisement, representation, notice or other information;
(b) Give to any person any false information or make any false promises or representations concerning employment;
(c) Offer anything of value, including free or discounted legal services, to an employee of an educational institution in return for the referral of clients by the employee;
(d) Offer anything of value to any person in exchange for the person entering into a contractual relationship with him or to induce the person to enter into a contractual relationship with him;
(e) Have any financial interest in any entity which is directly involved in the same sport as a person with whom he has entered into a contractual relationship;
(f) Offer advice to any person concerning the investment of money without first disclosing to that person any financial interest he has in any entity involved in the advice he is offering; or
(g) Knowingly secure employment for any person with an employer experiencing a strike, lockout or other problems with his employees, without first notifying the person of those conditions.
2. A sports agent who violates any provision of subsection 1 is guilty of a misdemeanor.
3. As used in this section:
(a) Contractual relationship means an agreement between a sports agent and student athlete under which the sports agent agrees to:
(1) Obtain or attempt to obtain employment for the student athlete with a professional sports team or as a professional athlete;
(2) Provide loans, advances of money, services or other material goods to further the student athletes pursuit of a career in professional sports; or
(3) Represent the student athlete in any matter related to the student athletes pursuit of a career in professional sports.
κ1989 Statutes of Nevada, Page 817 (CHAPTER 385, AB 497)κ
(b) Sports agent means a person who solicits, personally or through an agent or employee, a student athlete to enter into a contractual relationship. The term sports agent does not include an attorney acting as legal counsel.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 475Assemblymen Callister and Porter
CHAPTER 386
AN ACT relating to the sale of real property; requiring certain sellers of a residence to disclose information concerning zoning to the initial purchaser; 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 113 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before the initial purchaser of a residence signs a sales agreement, the seller shall, by separate written document, disclose to him the zoning designations adopted pursuant to chapter 278 of NRS for the adjoining parcels of land. If the residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document.
2. The zoning information contained in the document must:
(a) Be updated no less than once every 6 months, if the information is available from the local government;
(b) Advise the purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and
(c) Provide the purchaser with instructions on how to obtain more current information.
3. As used in this section, seller means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into 10 or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.
________
κ1989 Statutes of Nevada, Page 818κ
Assembly Bill No. 462Committee on Taxation
CHAPTER 387
AN ACT relating to taxation; allowing the department of taxation to charge a fee for a returned check; 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 360 of NRS is hereby amended by adding thereto a new section to read as follows:
The department may charge a person a fee established by regulation for each check returned to the department because the person had insufficient money or credit with the drawee to pay the check or because the person stopped payment on the check.
________
Assembly Bill No. 104Assemblymen Banner, Garner and Jeffrey
CHAPTER 388
AN ACT relating to industrial insurance; authorizing the state industrial claimants attorney to represent claimants in additional administrative and judicial proceedings; and providing other matters properly relating thereto.
[Approved June 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.2535 is hereby amended to read as follows:
616.2535 1. Any claimant may request the appointment of the state industrial claimants attorney to represent him. The request must be made in writing.
2. The appeals officer or administrator, as the case may be, shall consider each request within a reasonable time and shall make any inquiry as he deems necessary. If [the appeals officer] he finds that the claimant would be better served by legal representation in [his case, the appeals officer] the case, he shall appoint the state industrial claimants attorney to represent [him.] the claimant. Once the state industrial claimants attorney has been appointed to represent a claimant, the state industrial claimants attorney is authorized to represent the claimant at any level of proceedings if, in the opinion of the state industrial claimants attorney, the representation is necessary.
Sec. 2. NRS 616.2537 is hereby amended to read as follows:
616.2537 1. The state industrial claimants attorney shall, when appointed by an appeals officer [,] or the administrator, represent without charge a claimant before the appeals officer [or the district court.]
κ1989 Statutes of Nevada, Page 819 (CHAPTER 388, AB 104)κ
charge a claimant before the appeals officer [or the district court.] , administrator, district court or supreme court. In addition, the state industrial claimants attorney may give advice regarding a claimants rights before a hearing officer and the procedure for enforcing those rights.
2. When representing a claimant, the state industrial claimants attorney shall:
(a) Advise the claimant and present his case to the appeals officer [;] or administrator; and
(b) Present in the district court or supreme court an appeal from the decision of the appeals officer or administrator if, in the opinion of the state industrial claimants attorney, the appeal is merited.
________
Assembly Bill No. 502Assemblyman Price
CHAPTER 389
AN ACT relating to the state treasurer; authorizing him to deposit a warrant directly through an electronic transfer; and providing other matters properly relating thereto.
[Approved June 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 227.200 is hereby amended to read as follows:
227.200 The state controller shall:
1. Draw a warrant in favor of any person, business firm or payee certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the state treasurer who shall sign the warrant and:
(a) Deliver or mail the countersigned warrant, if it is for an account payable, directly to the payee; [or]
(b) Deliver the warrant, if it is for payment of an employee, to the appropriate state agency for distribution [.] ; or
(c) Directly deposit the warrant, through an electronic transfer.
2. Keep a warrant register, in which he shall enter all warrants drawn by him. The arrangement of this book must be such as to show the bill and warrant number, the amount, out of which fund the warrants are payable, and a distribution of the warrants under the various appropriations.
3. Credit the state treasurer with all warrants paid.
________
κ1989 Statutes of Nevada, Page 820κ
Assembly Bill No. 823Assemblymen Chowning, Wendell Williams, Arberry, DuBois, McGinness, Lambert, Freeman, Adler, Diamond, Nevin, Porter, Kerns, Regan, Marvel, Gibbons, Wisdom and Carpenter
CHAPTER 390
AN ACT relating to crimes; increasing the penalty for aiming a firearm at a person or discharging a weapon in a public place; and providing other matters properly relating thereto.
[Approved June 19, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.290 is hereby amended to read as follows:
202.290 Every person who [shall aim] willfully:
1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being [, or who shall willfully discharge] ; or
2. Discharges any firearm, air gun or other weapon, or [throw] throws any deadly missile in a public place, or in any place where any person might be endangered thereby, although [no injury result, shall be] an injury does not result,
is guilty of a gross misdemeanor.
________
Assembly Bill No. 737Committee on Education
CHAPTER 391
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for textbooks sold in the University of Nevada System; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
[Approved June 19 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 6, 1990, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
κ1989 Statutes of Nevada, Page 821 (CHAPTER 391, AB 737)κ
Notice is hereby given that at the general election on November 6, 1990, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to read as follows:
Sec. 63.1 There are exempted from the taxes imposed by this act the gross receipts from the sale of textbooks sold within the University of Nevada System.
Sec. 2. This act becomes effective on January 1, 1991.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale of textbooks within the University of Nevada System?
Yes c No c
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the sale of textbooks within the University of Nevada System. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1991. If a majority of votes cast on the question is no, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.
κ1989 Statutes of Nevada, Page 822 (CHAPTER 391, AB 737)κ
registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
There are exempted from the taxes imposed by this chapter the gross receipts from the sale of textbooks sold within the University of Nevada System.
Sec. 10. Section 9 of this act becomes effective on January 1, 1991, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 6, 1990.
________
Senate Bill No. 358Committee on Commerce and Labor
CHAPTER 392
AN ACT relating to appraisers of real estate; providing for the licensing of appraisers; establishing a commission of appraisers of real estate; prescribing the powers and duties of the commission; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 55, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 13, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the real estate administrator.
Sec. 4. Appraisal means an analysis, opinion or conclusion, whether written or oral, relating to the nature, quality, value or use of a specified interest in, or aspect of, identified real estate for or with the expectation of receiving compensation.
Sec. 5. Appraiser means a person who prepares or communicates an appraisal, but does not include anyone who merely relays an appraisal on behalf of the person who prepares it.
Sec. 6. Commission means the commission of appraisers of real estate.
Sec. 7. Division means the real estate division of the department of commerce.
Sec. 8. Intern means a person who actively assists in the preparation or communication of an appraisal, but does not include anyone who merely provides information concerning real estate to an appraiser or records, transcribes or copies information concerning real estate for an appraiser, or relays an appraisal on behalf of an appraiser.
κ1989 Statutes of Nevada, Page 823 (CHAPTER 392, SB 358)κ
provides information concerning real estate to an appraiser or records, transcribes or copies information concerning real estate for an appraiser, or relays an appraisal on behalf of an appraiser.
Sec. 9. License means a license issued to an appraiser pursuant to this chapter.
Sec. 10. Licensed appraiser means an appraiser to whom a license has been issued pursuant to this chapter.
Sec. 10.5 Permit means a temporary license issued to an appraiser by the administrator pursuant to section 31 of this act.
Sec. 11. Real estate includes land, any improvements and fixtures permanently affixed thereon, and every right, interest or estate therein, whether legal or equitable, whether corporeal or incorporeal, and whether the property is situated in this state or elsewhere, including without limitation freeholds, leaseholds and interests in condominiums, townhouses and planned unit developments.
Sec. 12. Registered intern means an intern to whom a registration card has been issued pursuant to this chapter.
Sec. 13. Registration card means a card issued to an intern pursuant to this chapter signifying his registration by the division.
Sec. 14. The purpose of this chapter is to protect persons to whom an appraisal is communicated and other persons affected by an appraisal.
Sec. 15. The provisions of this chapter do not apply to:
1. A federal or state employee, or an employee of a local government, who prepares or communicates an appraisal as part of his official duties, unless a license is required as a condition of his employment.
2. A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.
3. A board of appraisers acting pursuant to NRS 269.135.
4. A person licensed pursuant to chapter 645 or 684A of NRS while he is performing an act within the scope of his license.
5. A person who makes an evaluation of real estate as an incidental part of his employment for which no special compensation is provided, if that evaluation is only provided to his employer for internal use within the place of his employment.
Sec. 15.5 The provisions of this chapter do not preclude an appraiser employed by or under contract with a lending institution licensed or chartered by this state of the Federal Government, from preparing and distributing for the internal use of the institution, estimates of the value of real estate which have not been prepared pursuant to a complete process of appraisal required by the standards of professional practice, if the estimates are clearly disclaimed and identified as such.
Sec. 16. 1. The commission of appraisers of real estate is hereby created, consisting of five members appointed by the governor.
2. At least two members of the commission must be residents of the southern district of Nevada, which consists of the counties of Clark, Esmeralda, Lincoln and Nye.
3. At least two members of the commission must be residents of the northern district of Nevada, which consists of Carson City, and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.
κ1989 Statutes of Nevada, Page 824 (CHAPTER 392, SB 358)κ
of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.
4. Not more than two members may be appointed from any one county.
5. After the terms of the initial members, the commission must contain at least two members who hold licenses as general appraisers and at least two members who hold licenses as residential appraisers.
6. Members at the commission are eligible for reappointment, but shall not serve for a period greater than 6 years consecutively, after which time they are not eligible for appointment or reappointment until 3 years have elapsed from their previous period of service.
Sec. 17. 1. Each member of the commission must:
(a) Be a citizen of the United States or be lawfully entitled to remain and work in the United States;
(b) Have been a resident of the State of Nevada for not less than 5 years;
(c) Have been actively engaged in business as an appraiser within the state for a period of not less than 3 years immediately preceding the date of his appointment; and
(d) After the terms of the initial members, be a licensed appraiser.
2. Before entering upon the duties of his office, each member of the commission shall take:
(a) The constitutional oath of office; and
(b) An oath that he is legally qualified to serve as a member of the commission.
Sec. 18. 1. The commission shall:
(a) Operate on the basis of a fiscal year beginning on July 1 and ending on June 30.
(b) At the first meeting of each fiscal year, elect a president, vice president and secretary to serve for the ensuing year.
(c) Hold at least two meetings each year, one in the southern part of the state and one in the northern part of the state, at times and places designated by the commission. When there is sufficient business, additional meetings of the commission may be held at the call of the president of the commission. Written notice of the time, place and purpose of each meeting must be given to each member at least 3 working days before the meeting.
2. Each member of the commission is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission; and
(b) Reimbursement of his actual expenses for subsistence, lodging and transportation, not to exceed the amount provided by law for state officers and employees generally, while traveling on the business of the commission.
Sec. 19. 1. The commission shall:
(a) Adopt a seal to authenticate its proceedings.
(b) Conduct hearings pursuant to this chapter.
(c) Establish programs for education and research in the preparation and communication of appraisals.
(d) Adopt regulations:
(1) Governing the examinations, education and experience required by this chapter;
κ1989 Statutes of Nevada, Page 825 (CHAPTER 392, SB 358)κ
(2) Establishing standards for the preparation and communication of appraisals; and
(3) Establishing standards of professional conduct.
(e) Perform any other acts necessary to carry out the provisions of this chapter.
2. The commission may:
(a) Adopt such regulations as are reasonable and necessary for the administration of this chapter; and
(b) By regulation delegate any authority conferred on it by this chapter to the administer to be exercised pursuant to the regulations of the commission.
3. Service of process and other communications upon the commission may be made at the principal office of the division.
Sec. 20. 1. The division shall administer this chapter and may employ legal counsel, investigators and other professional consultants necessary to the discharge of its duties pursuant to this chapter.
2. No employee of the division may:
(a) Be employed by or have an interest in any business that prepares appraisals; or
(b) Act as an appraiser, as an agent for an appraiser or as an intern.
Sec. 21. 1. The division shall maintain a record of:
(a) Persons whose applications for a license or registration card have been denied;
(b) Investigations conducted by it which result in the initiation of formal disciplinary proceedings;
(c) Formal disciplinary proceedings; and
(d) Rulings or decisions upon complaints filed with it.
2. Except as otherwise provided in this section, records kept in the office of the division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the commission. The division may keep confidential, unless otherwise ordered by a court:
(a) Examinations for a license;
(b) Information obtained by the division while investigating alleged violations of this chapter; and
(c) The criminal and financial records of a licensed appraiser or registered intern, or an applicant for a license or registration card.
Sec. 22. 1. The attorney general shall render to the division opinions upon questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, submitted to him by the division or the commission.
2. The attorney general shall act as the attorney for the division in all actions and proceedings brought against or by the division pursuant to any of the provisions of this chapter.
Sec. 23. 1. Whenever the division believes from evidence satisfactory to it that any person has violated or is about to violate a provision of this chapter, or a provision of any regulation, order, decision, demand or requirement of the division or the commission, it may bring an action, in the name of the division, in the district court of the State of Nevada in and for the county where the person resides, or, if the person resides outside the State of Nevada, in any court of competent jurisdiction within or outside the State of Nevada, against the person to enjoin him from engaging in or continuing the violation, or from doing any act or acts in furtherance of the violation.
κ1989 Statutes of Nevada, Page 826 (CHAPTER 392, SB 358)κ
Nevada, in any court of competent jurisdiction within or outside the State of Nevada, against the person to enjoin him from engaging in or continuing the violation, or from doing any act or acts in furtherance of the violation.
2. If the action is brought in a district court of the State of Nevada, an order or judgment may be entered, when proper, awarding a temporary restraining order, preliminary injunction or final injunction. A preliminary injunction or temporary restraining order must not be granted without at least 5 days notice to the opposite party.
Sec. 24. Upon approval of the commission, the division may publish or supply a manual or guide concerning appraisals, and offer it for sale to the public for a reasonable fee.
Sec. 25. 1. Except as otherwise provided in subsection 2, all fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.
2. Fees received from the sale of publications must be retained by the division to pay the costs of printing and distributing publications. Any surplus must be deposited with the state treasurer for credit to the state general fund.
3. Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.
Sec. 26. 1. Any person who, in the State of Nevada, engages in the business of, acts in the capacity of, advertises or assumes to act as:
(a) An appraiser without first obtaining the appropriate license or permit pursuant to this chapter; or
(b) An intern without first obtaining a registration card pursuant to this chapter,
is guilty of a misdemeanor.
2. The division may file a complaint in any court of competent jurisdiction for a violation of this section, and assist in presenting the law or facts at any hearing upon the complaint.
3. Unless prosecuted by the attorney general, the district attorney of a county shall prosecute a violation of this section that occurs in his county. At the request of the administrator, the attorney general shall prosecute such a violation in lieu of the district attorney.
Sec. 27. 1. An appraiser must obtain a license from the division as:
(a) A resident appraiser, which authorizes him to prepare and communicate appraisals concerning only parcels of real estate suitable for not less than 1 nor more than 12 residential dwellings; or
(b) A general appraiser, which authorizes him to prepare and communicate appraisals concerning any type of real estate.
2. A person licensed as a residential appraiser may, under the direct supervision of a person licensed as a general appraiser, assist in the preparation and communication of an appraisal that is outside the scope of his license.
Sec. 28. 1. An applicant for a license as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:
(a) Not less than 60 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and
κ1989 Statutes of Nevada, Page 827 (CHAPTER 392, SB 358)κ
(b) During the 5 years immediately preceding the date of his application, at least 2 years of experience working full time as an intern.
2. An applicant for a license as a general appraiser must furnish proof satisfactory to the commission that he has successfully completed:
(a) Not less then 120 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and
(b) During the 5 years immediately preceding the date of his application, at least 3 years of experience working full time as an intern.
3. As used in this section, an hour of academic instruction means at least 50 minutes of actual time spent receiving instruction.
Sec. 29. An application for a license must be in writing upon a form prepared and furnished by the division. The application must include the following information:
1. The name, age and address of the applicant.
2. The place or places, including the street number, city and county, where the applicant intends to conduct business as an appraiser.
3. The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.
4. The periods during which, and the locations where, he gained his experience as an intern.
5. Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty or nolo contendere to:
(a) A felony, and if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.
6. Whether the applicant has ever been refused a certificate, license or permit to act as an appraiser, or has ever had such a certificate, license or permit suspended or revoked, in any other jurisdiction.
7. If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.
8. Any other information the division requires.
Sec. 30. The division shall act upon an application for a license within 60 days after receiving the completed application. If in the opinion of the administrator additional investigation of the applicant appears necessary, the division may extend that period as long as necessary to complete the investigation before acting on the application.
Sec. 31. 1. A license or permit may be issued without an examination to a person who holds a certificate, license or permit to act as an appraiser, issued by another state or territory of the United States or the District of Columbia, upon a showing that the requirements for the certificate, license or permit issued in that jurisdiction are substantially equivalent to those required by this state to obtain the type of license or permit for which he is applying.
2. A permit may be issued for a period not to exceed 3 months.
Sec. 32. 1. The administrator shall issue a license to any person:
(a) Of good moral character, honesty and integrity;
κ1989 Statutes of Nevada, Page 828 (CHAPTER 392, SB 358)κ
(b) Who meets the educational requirements and has the experience prescribed in section 28 of this act; and
(c) Who has satisfactorily passed a written examination approved by the commission.
2. The administrator may deny an application for a license to any person who:
(a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on his application; or
(c) Has had a license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.
Sec. 33. 1. The examination must test the applicant on his knowledge and understanding of:
(a) Subjects applicable to the type of license for which he is applying; and
(b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.
2. The division may hire a professional testing organization to create, administer or score the examination.
Sec. 34. 1. The division shall cause examinations to be conducted not less than once every 6 months.
2. An applicant may take the written examination before he completes the requirements for experience, but a license must not be issued until all the requirements are met.
3. The division shall notify each applicant in writing whether he passed or failed the examination, or has alternatively satisfied the requirements for a license pursuant to section 31 of this act, as determined by the commission.
Sec. 35. 1. An intern must:
(a) Obtain a registration card from the division; and
(b) Be associated with and supervised by all licensed appraisers named in the registration card.
2. An intern shall not assist in the preparation or communication of an appraisal without the written authorization of the appraiser named in his registration card.
3. The division may deny an application for a registration card on any ground sufficient to deny an application for a license.
Sec. 36. 1. Every application for a license or registration card must be accompanied by the fee for the license or registration card.
2. Each applicant must:
(a) At his own expense and on a card provided by the division, arrange to be fingerprinted by an agency of law enforcement; and
(b) Attach the completed card to his application.
3. The division may:
(a) Mail the card to the Federal Bureau of Investigation or any other agency of law enforcement; and
κ1989 Statutes of Nevada, Page 829 (CHAPTER 392, SB 358)κ
(b) Request from such an agency any information regarding the applicants criminal history as the division deems necessary.
Sec. 37. 1. If an application is denied, the division shall notify the applicant within 15 days after its decision. If the denial is on grounds other than a failure to pass the examination, the applicant may not reapply until he petitions the division for leave to file another application. The division may grant or deny that leave in its sole discretion.
2. If the applicant, within 30 days after receipt of the notice denying his application, files a written request containing allegations which, if true, qualify the applicant for a license or registration card, the president of the commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicants request.
3. The hearing must be held at a time and place prescribed by the commission. At least 15 days before the date set for the hearing, the division shall serve the applicant with written notice of the hearing and include with the notice an exact copy of any protests filed, together with copies of all communications, reports, affidavits or depositions in possession of the division relevant to the matter in question. The notice may be served by personal delivery to the applicant, or by mailing it by certified mail to the applicants last known business or residential address.
4. The hearing may be held by the commission or a majority thereof, and a hearing must be held if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the division of the reasonable cost of transcription.
5. The commission shall render a decision on the matter within 60 days after the final hearing and notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.
Sec. 38. The division, upon the discovery of any error in the issuance of a license or registration card which is related to the qualifications or fitness of the holder thereof, may invalidate the license or registration card upon notice in writing to the holder. The holder shall surrender the license or registration card to the division within 20 days after the notice is sent by the division. A person whose license or registration card is invalidated pursuant to this section, and who has surrendered his license or registration card, may request a hearing on the matter as for the denial of an application pursuant to section 37 of this act.
Sec. 39. 1. The division shall issue a license or registration card to each eligible person in the form and size prescribed by the commission. A license or registration card must:
(a) Show the name and address of the licensed appraiser or registered intern and the location of each place where he transacts business as an appraiser or intern;
(b) Have imprinted thereon the seal of the commission; and
(c) Contain any additional matter prescribed by the commission.
2. A license or registration card is valid for 2 years after the first day of the first calendar month immediately following the date it is issued.
3. If a licensed appraiser fails to apply for the renewal of his license and pay the fee for renewal before the license expires, and then applies for renewal:
κ1989 Statutes of Nevada, Page 830 (CHAPTER 392, SB 358)κ
(a) No later than 1 year after the date of expiration, he must pay a fee equal to 150 percent of the amount otherwise required for renewal.
(b) Later than 1 year after the date of expiration, he must apply in the same manner as for an original license.
Sec. 40. 1. A licensed appraiser shall maintain a principal office for the transaction of his business as an appraiser. If he maintains additional offices in this state, he must obtain a duplicate license from the division for each additional office. The appraiser shall display his license conspicuously in each of his offices.
2. A licensed appraiser shall give written notice to the division and surrender his license within 10 days after any change in the name of his business or the location of an office. Upon the surrender of the license and the payment of the appropriate fee, the division shall issue a license valid for the remaining period of the original license.
3. A licensed appraiser shall maintain a record of each appraisal he prepares for not less than 5 years after completion of the appraisal, and notify the division of the location where the record is stored and of any change in that location.
4. Failure to give any notice pursuant to this section is cause for the revocation or suspension of the license or placement of the license on inactive status.
Sec. 41. 1. If an intern for any reason terminates his association with a licensed appraiser, the appraiser shall:
(a) Immediately deliver or mail by certified mail to the division the interns registration card, together with a written statement of the circumstances surrounding the termination of the association and a copy of the notice required by paragraph (b); and
(b) At the time of delivering or mailing the registration card to the division, advise the intern that his registration card has been forwarded to the division by mailing notice of that fact to the interns last known residential address.
2. The registration card must be suspended if the intern does not become associated with another licensed appraiser within 30 days after the termination of his previous association.
3. The intern shall not assist in the preparation or communication, whether directly or indirectly, of an appraisal under the authority of his registration card from the date that the registration card is delivered or mailed by the appraiser to the division, until the date that a new registration card is issued naming another licensed appraiser with whom the intern has become associated.
Sec. 42. 1. An appraiser must complete the following number of hours of continuing education in courses approved by the commission as a condition to the renewal of an active license or the reinstatement of an inactive license:
(a) For the renewal of an active license, at least 20 hours of instruction within the 2 years immediately preceding the application for renewal.
(b) For the reinstatement of a license which has been on inactive status:
(1) For not more than 2 years, or for more than 2 years including the initial period of licensure, at least 20 hours of instruction.
κ1989 Statutes of Nevada, Page 831 (CHAPTER 392, SB 358)κ
(2) For more than 2 years but not more than 4 years, no part of which includes the initial period of licensure, at least 40 hours of instruction.
(3) For more than 4 years, no part of which includes the initial period of licensure, at least 10 hours of instruction for each year that the license was on inactive status, not to exceed 60 hours of instruction.
2. As used in this section, an hour of instruction means at least 50 minutes of actual time spent receiving instruction.
Sec. 43. 1. The commission shall adopt regulations governing the continuing education of licensed appraisers. The regulations must include the criteria for approving each course and the requirements for submission of proof of attendance at a course.
2. In approving courses for continuing education the commission shall authorize a variety of subjects and give consideration to specialized areas of practice and the availability of programs. An appropriate educational course given by an accredited university or community college must be approved by the commission.
Sec. 44. 1. The division may place a license on inactive status:
(a) At the request of the appraiser;
(b) For failure of the appraiser to notify the division pursuant to section 40 of this act of any change in the name or location of his business, or of the location or any change in the location where his records are stored;
(c) For failure to apply and pay the fee for renewal before the expiration of the license; or
(d) As a result of a disciplinary proceeding against the appraiser.
2. An appraiser whose license has been placed on inactive status shall not prepare or communicate appraisals until he meets all the requirements for the reinstatement of his license.
3. A license may be reinstated upon submission of the required fee and proof of completion of the required hours of continuous education, and upon approval by the division.
Sec. 45. The following fees may be charged and collected by the division:
Application for a license or registration card............................................ $100
Examination for a license ........................................................................... 55
Issuance or renewal of a license as a residential appraiser ................... 250
Issuance or renewal of a license as a general appraiser ........................ 350
Issuance of a permit..................................................................................... 75
Issuance or renewal of a registration card ............................................... 150
Issuance of a duplicate license for an additional office........................ 50
Change in the name or location of a business......................................... 10
Reinstatement of an inactive license......................................................... 10
Annual approval of a course of instruction offered in preparation for an initial license............................................................................................................. 100
Annual approval of a course of instruction offered for continuing education 50
Sec. 46. 1. Grounds for disciplinary action against a licensed appraiser or registered intern include:
(a) Unprofessional conduct;
κ1989 Statutes of Nevada, Page 832 (CHAPTER 392, SB 358)κ
(b) Professional incompetence;
(c) A criminal conviction for a felony or any offense involving moral turpitude; and
(d) The suspension or revocation of a registration card, license or permit to act as an appraiser in any other jurisdiction.
2. If grounds for disciplinary action against an appraiser or intern exist, the commission may do one or more of the following:
(a) Revoke or suspend his license or registration card.
(b) Place conditions upon his license or registration card, or upon the reissuance of a license or registration card revoked pursuant to this section.
(c) Impose a fine of not more than $500 for each violation.
3. If a license or registration card is revoked by the commission, another license or registration card must not be issued to the same appraiser or intern for at least one year after the date of the revocation, nor at any time thereafter except in the sole discretion of the administrator, and then only provided that the appraiser or intern satisfies all the requirements for an original license or registration card.
Sec. 47. A licensed appraiser or registered intern is guilty of unprofessional conduct if he:
1. Willfully uses a trade name, service mark or insignia indicating membership in an organization for appraisers of which he is not a member;
2. Violates any order of the commission, agreement with the division, provision of this chapter or provision of any regulation adopted pursuant to this chapter;
3. Fails to disclose to any person with whom he is dealing any material fact or other information he knows, or in the exercise of reasonable care and diligence should know, concerning or relating to any real estate he appraises, including any interest he has in the real estate;
4. Knowingly communicates a false or fraudulent appraisal to any interested person or otherwise engages in any deceitful, fraudulent or dishonest conduct;
5. Enters into a contract to prepare an appraisal by which his compensation is based partially or entirely on the amount of the appraised value of the real estate;
6. Before obtaining his license or registration card, engaged in any conduct of which the division is not aware that would be a ground for the denial of a license or registration card; or
7. Makes a false statement of material fact on his application.
Sec. 48. A licensed appraiser is guilty of unprofessional conduct if he:
1. Fails to produce any document, book or record in his possession or under his control after being requested to do so by the division as part of its investigation of a complaint;
2. Refuses to prepare or communicate an appraisal because of age, race, color, national origin, sex or ethnic group; or
3. Fails to supervise adequately an intern associated with him.
Sec. 49. Unprofessional conduct by a licensed appraiser is not a ground for the revocation or suspension of the registration card of an intern, or the license of another appraiser, who is associated with that appraiser unless it appears to the satisfaction of the commission that the associate knew or should have known of that conduct.
κ1989 Statutes of Nevada, Page 833 (CHAPTER 392, SB 358)κ
should have known of that conduct. A course of conduct which is shown to have been persistently and consistently followed by the appraiser guilty of unprofessional conduct is prima facie evidence of that knowledge on the part of the associate.
Sec. 50. 1. The procedure set forth in this section and sections 51 and 52 of this act must be followed before the revocation or suspension of a license or registration card.
2. Upon the initiation of a complaint by the administrator, he shall set the matter for a hearing and schedule a date for the hearing before the commission. The appraiser or intern is entitled to appear at the hearing in person and to be represented by counsel.
3. The commission shall hold the hearing within 90 days after the filing of a complaint by the administrator. The hearing may be continued by the commission upon its own motion, or at the discretion of the commission upon the written request of the division, appraiser or intern, for good cause shown.
4. The division shall give written notice of the date, time and place of the hearing, together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in the possession of the division relevant to the complaint, to the appraiser or intern not less than 30 days before the hearing. The division may present evidence it obtains after the notice was given only if it shows that the evidence was not available upon diligent investigation before the notice was given and that the evidence was given or communicated to the appraiser or intern immediately after it was obtained.
5. Notice pursuant to this section is deemed to be given upon personal delivery to the appraiser or intern, or upon mailing by certified mail to his last known address. If the complaint is against an intern, the division shall also notify the appraiser with whom he is associated by mailing an exact statement of the charges, and the date, time and place of hearing, by certified mail to the last known address of the appraiser.
Sec. 51. 1. The appraiser or intern must file an answer to the charges with the commission not later than 30 days after service of the notice and other documents described in section 50 of this act. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the appraiser or intern will rely. If no answer is filed within the period described in this subsection, the division may, after notice to the appraiser or intern given in the manner provided in subsection 5 of section 50 of this act, move the commission for the entry of a default against the appraiser or intern.
2. The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding for the suspension or revocation of a license or registration card may be maintained unless it is commenced by giving notice to the appraiser or intern within 3 years after the commission or omission of the alleged grounds for suspension or revocation, except:
(a) If the charges are based upon a misrepresentation or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and
κ1989 Statutes of Nevada, Page 834 (CHAPTER 392, SB 358)κ
(b) The period is suspended during the pendency of any action or proceeding, to which the division, appraiser or intern is a party, which involves the conduct of the appraiser or intern in a transaction to which the alleged grounds for suspension or revocation are related.
Sec. 52. The commission shall render a decision within 15 days after a hearing and serve the appraiser or intern with written notice of the decision within 60 days after the hearing. If the decision is adverse to the appraiser or intern, the notice must include the date upon which the decision becomes effective, which must be not less than 30 days after the date of the notice.
Sec. 53. 1. Any member of the commission may administer oaths and issue subpenas to compel the attendance of witnesses and the production of books and papers.
2. If any witness refuses to attend, testify or produce any books and papers as required by the subpena, the administrator or the president of the commission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed by the commission pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the commission, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the commission.
3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the commission. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 54. 1. Each witness who appears by order of the commission is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case, which must be paid by the party at whose request the witness is subpenaed.
2. When a witness not otherwise required to attend is subpenaed by the commission, his fees and mileage must be paid by the division.
Sec. 55. 1. Any person who obtains or attempts to obtain a license or registration card by means of intentional misrepresentation, deceit or fraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both a fine and imprisonment.
2. Any licensed appraiser or registered intern who is guilty of unprofessional conduct shall be punished, in addition to any administrative fine imposed by the commission, by a criminal fine of not more than $500 for each offense.
κ1989 Statutes of Nevada, Page 835 (CHAPTER 392, SB 358)κ
imposed by the commission, by a criminal fine of not more than $500 for each offense.
3. Any person who:
(a) Holds himself out as a licensed appraiser or registered intern;
(b) Uses in connection with his name the words licensed, registered, certified or any other title, word, letter or other designation intended to imply or designate that he is a licensed appraiser or registered intern; or
(c) Describes or refers to any appraisal or other valuation of real estate prepared by him as licensed in this state,
without first obtaining a license or permit as provided in this chapter is guilty of a gross misdemeanor.
Sec. 55.5. 1. There is hereby appropriated from the state general fund to the real estate division of the department of commerce to carry out the provisions of this act:
For the fiscal year 1989-90 .......................................................................... $55,404
For the fiscal year 1990-91 .......................................................................... $47,946
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 56. As soon as practicable after July 1, 1989, the governor shall appoint to the commission of appraisers of real estate:
1. Two members to terms that expire on June 30, 1992.
2. Two members to terms that expire on June 30, 1991.
3. One member to a term that expires on June 30, 1990.
Sec. 57. Notwithstanding the provisions of sections 28 and 29 of this act, a person who applies for a license pursuant to this act before July 1, 1991, is not required to complete, or furnish proof that he has completed, a period of experience as an intern if he:
1. Furnishes proof satisfactory to the commission of appraisers of real estate that he has successfully completed the period of experience required by section 28 of this act working full time as an appraiser during the 5 years immediately preceding the date of his application; and
2. Includes in his application the periods during which, and the locations where, he gained his experience as an appraiser.
Sec. 58. 1. This section and sections 1 to 25, inclusive, 27 to 34, inclusive, 36 to 41, inclusive, and 43 to 57, inclusive, of this act become effective on July 1, 1989.
2. Sections 26, 35 and 42 of this act become effective on July 1, 1991.
________
κ1989 Statutes of Nevada, Page 836κ
Senate Bill No. 354Senator Horn
CHAPTER 393
AN ACT relating to historical records; creating the state historical records advisory board; providing for the organization, powers and duties of the board; making an appropriation; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 33 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. It is the policy of this state to foster and further the establishment and proper maintenance of superior archives and public records programs throughout the state including facilities, professional staffs and auxiliary personnel to support such programs. The purpose of this chapter is to provide the means for the overview and study of existing programs, facilities, resources and services and for the accumulation of recommendations to strengthen and expand these components.
Sec. 3. As used in the chapter, board means the state historical records advisory board.
Sec. 4. The state historical records advisory board, consisting of the state librarian and nine members appointed by the governor, is hereby created. The state librarian shall serve as a nonvoting member of the board and secretary to the board. The board is responsible to the governor and may make recommendations to the legislature.
Sec. 5. 1. The governor shall appoint to the board:
(a) The person who is in charge of the division of archives and records of the state library and archives. This person is the state historical records coordinator for the purposes of 36 C.F.R. § 1206.10 and shall serve as chairman of the board.
(b) The person in charge of the Nevada historical society.
(c) Seven other members, at least four of whom must have experience in the administration of historical records or archives. These members must represent as broadly as possible the various public and private archive and research institutions and organizations in the state.
2. After the initial terms, the chairman serves for 4 years and each other appointed member serves for 3 years. Members of the board may be reappointed.
Sec. 6. The board shall:
1. Examine and assess archives and public records programs and the facilities, professional staffs and auxiliary personnel that support such programs.
2. Prepare a report to be submitted on or before January 1 of each odd-numbered year to the governor and the legislative commission.
3. Review and evaluate applications made by political subdivisions and private organizations for grants from the account for historical records to improve the preservation of historical records.
κ1989 Statutes of Nevada, Page 837 (CHAPTER 393, SB 354)κ
4. Make recommendations to the state librarian for approval of applications for grants from the account for historical records.
5. Publish any material pertaining to its work as it deems appropriate.
Sec. 7. The board shall promptly file copies of any and all of its reports, studies, documents and publications, regardless of form of issue, with the state library and archives.
Sec. 8. 1. The board shall meet regularly at least three times a year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the board who is not an employee of the state is entitled to receive a salary of $60 for each days attendance at a meeting of the board.
3. Payments of salaries must be made upon itemized and verified claims approved by the state librarian from money appropriated to the state library and archives.
Sec. 9. The state librarian shall maintain the records of the board at the state library and archives.
Sec. 10. The board may accept gifts and grants of money for the purpose of carrying out its responsibilities pursuant to this chapter.
Sec. 11. 1. The account for historical records is hereby created in the state general fund to be administered by the state librarian. Money in the account may be expended only for grants to promote and preserve historical recordkeeping and for carrying out the provisions of this chapter.
2. All money received by the board from any source must be deposited in the state treasury to the credit of the account.
3. All claims against the account must be paid as other claims against the state are paid.
Sec. 12. 1. There is hereby appropriated from the state general fund to the account for historical records the sum of $50,000.
2. Any remaining balance of the appropriation made by subsection 1 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. 13. As soon as practicable after the effective date of this act, the governor shall appoint to the state historical records advisory board:
1. Three persons to terms that expire on July 1, 1990.
2. Three persons to terms that expire on July 1, 1991.
3. Three persons to terms that expire on July 1, 1992.
Sec. 14. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 838κ
Assembly Bill No. 290Committee on Transportation
CHAPTER 394
AN ACT relating to regional transportation commissions; repealing the provision requiring the submission of specifications and plans for a project to the department of transportation; correcting certain inaccurate references to the streets and highways plan; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 373.030 is hereby amended to read as follows:
373.030 In any county for all or part of which a streets and highways plan has been adopted as part of the master plan by the county or regional planning commission [,] pursuant to NRS 278.150, the board may by ordinance:
1. Create a regional transportation commission; and
2. Impose a tax on motor vehicle fuel sold in the county in an amount not to exceed 4 cents per gallon.
In lieu of imposing the tax by ordinance, the board may submit the proposed tax to the registered voters of the county at any election for their approval. A tax imposed under this section is in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
Sec. 2. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from the county motor vehicle fuel tax must be first submitted to the regional transportation commission.
2. Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed work to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The [funds] money available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter , [(] except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities [,] or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160 , [)] and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project , the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.
κ1989 Statutes of Nevada, Page 839 (CHAPTER 394, AB 290)κ
of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.
3. Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:
(a) Its relation to the streets and highways plan;
(b) The relation of the proposed work to other projects constructed or authorized;
(c) The relative need for the proposed work in relation to others proposed by the same city or town; and
(d) The availability of [funds.] money.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
4. In counties [having a population of] whose population is less than 100,000, the commission shall [:
(a) Certify] certify the adoption of the plan [;
(b) Submit a copy of the plan to the department; and
(c) Certify its] in compliance with subsections 2 and 3 . [in the adoption of the plan.]
Sec. 3. NRS 373.145 is hereby repealed.
________
Assembly Bill No. 372Assemblymen Myrna Williams, Lambert and Kissam
CHAPTER 395
AN ACT relating to local governmental finance; authorizing local governments to impose impact fees; providing the procedure for the imposition of those fees; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Capital improvement means a:
1. Drainage project;
2. Sanitary sewer project;
3. Storm sewer project;
4. Street project; or
κ1989 Statutes of Nevada, Page 840 (CHAPTER 395, AB 372)κ
5. Water project.
Sec. 4. Drainage project means any natural and artificial watercourses, water diversion and water storage facilities, including all appurtenances and incidentals necessary for any such facilities.
Sec. 5. Facility expansion means the expansion of the capacity of an existing facility associated with a capital improvement to serve new development. The term does not include the repair, maintenance or modernization of a capital improvement or facility.
Sec. 6. Impact fee means a charge imposed by a local government on new development to finance the costs of a capital improvement or facility expansion necessitated by and attributable to the new development.
Sec. 7. Land use assumptions means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least 10 years and in accordance with the master plan of the local government.
Sec. 8. Local government means a city or a county.
Sec. 9. New development means:
1. The subdivision of land;
2. The construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure which adds or increases the number of service units; or
3. Any use or extension of the use of land which increases the number of service units.
Sec. 10. Sanitary sewer project means facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, including all appurtenances and incidentals necessary for any such facilities.
Sec. 11. Service area means the area within the boundaries of the local government which is served and benefited by the capital improvement or facilities expansion as set forth in the capital improvements plan.
Sec. 12. Service unit means a standardized measure of consumption, use, generation or discharge which is attributable to an individual unit of development calculated for a particular category of capital improvements or facility expansions.
Sec. 13. Storm sewer project means facilities for the collection, interception, transportation and disposal of rainfall and other storm waters, including all appurtenances and incidentals necessary for any such facilities.
Sec. 14. Street project means the arterial or collector streets or roads which have been designated on the streets and highways plan in the master plan adopted by the local government pursuant to NRS 278.220, including, all appurtenances and incidentals necessary for any such facilities.
Sec. 15. Water project means facilities for the collection, transportation, treatment, purification and distribution of water, including all appurtenances and incidents necessary for any such facilities.
Sec. 16. 1. A local government may by ordinance impose an impact fee in a service area to pay the cost of constructing a capital improvement or facility expansion necessitated by and attributable to new development. Except as otherwise provided in section 17 of this act, the cost may include only:
(a) The estimated cost of actual construction;
κ1989 Statutes of Nevada, Page 841 (CHAPTER 395, AB 372)κ
(b) Estimated fees for professional services;
(c) The estimated cost to acquire the land; and
(d) The fees paid for professional services required for the preparation or revision of a capital improvements plan in anticipation of the imposition of an impact fee.
2. All property owned by a school district is exempt from the requirement of paying impact fees imposed pursuant to this chapter. Any impact fee which would have been collected from a school district but for the provisions of this subsection must be paid by the local government which imposed the impact fee.
Sec. 17. Projected interest charges and other finance costs may be included in calculating the amount of impact fees if the money is used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued by or on behalf of the local government to finance the capital improvements or facility expansions identified in the capital improvements plan as being necessitated by and attributable to new development.
Sec. 18. Impact fees must not be used for:
1. The construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions which are included in the capital improvements plan.
2. The repair, operation or maintenance of existing or new capital improvements or facility expansions.
3. The upgrading, expansion or replacement of existing capital improvements or facilities to serve existing development to meet more stringent safety, environmental or regulatory standards.
4. The upgrading, expansion or replacement of existing capital improvements or facilities to provide better service to existing development.
5. The administrative and operating costs of the local government.
6. Except as otherwise provided in section 17 of this act, the payments of principal and interest or other finance charges on bonds or other indebtedness.
Sec. 19. A capital improvements plan must include, by service area:
1. A description of the existing capital improvements and the costs to upgrade, improve, expand or replace those improvements to meet existing needs or more stringent safety, environmental or regulatory standards.
2. An analysis of the total capacity, level of current usage and commitments for usage of capacity of the existing capital improvements.
3. A description of any part of the capital improvements or facility expansions and the costs necessitated by and attributable to the new development in the service area based on the approved land use assumptions.
4. A table which establishes the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of capital improvements or facility expansions.
5. An equivalency or conversion table which establishes the ratio of a service unit to each type of land use, including but not limited to, residential, commercial and industrial uses.
6. The number of projected service units which are required by the new development within the service area based on the approved land use assumptions.
κ1989 Statutes of Nevada, Page 842 (CHAPTER 395, AB 372)κ
7. The projected demand for capital improvements or facility expansions required by new service units projected over a period not to exceed 10 years.
Sec. 20. 1. The impact fee per service unit must not exceed the amount determined by dividing the costs of the capital improvements described in subsection 3 of section 19 of this act by the total number of projected service units described in subsection 6 of section 19 of this act.
2. If the number of new service units projected over a period is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee which may be charged per service unit must be calculated by dividing the costs of the part of the capital improvements required by the new service units described in subsection 7 of section 19 of this act by the projected new service units described in that subsection.
3. The impact fee may be collected at the same time as the fee for issuance of a building permit for the service unit or at the time a certificate of occupancy is issued for the service unit, as specified in the ordinance.
Sec. 21. After the collection of the impact fee no additional impact fees may be collected for the same service unit. If the number of service units increases, the impact fee must be limited to the amount which is attributable to the additional service units.
Sec. 22. An impact fee must not be collected unless:
1. Collection is made to pay for a capital improvement or facility expansion which has been identified in the capital improvements plan;
2. The local government agrees to reserve capacity to serve future development and the owner and the local government enter into a written agreement to do so; or
3. The local government agrees that the owner of a new development may construct or finance the capital improvements or facility expansions and:
(a) The costs incurred or money advanced will be credited against the impact fees otherwise due from the new development; or
(b) It will reimburse the owner for those costs from the impact fees paid from other developments which will use those capital improvements or facility expansions.
Sec. 23. Any new development for which an impact fee has been paid is entitled to:
1. The permanent use and benefit of the facilities for which the fee was imposed; and
2. Receive immediate service from any existing facility with actual capacity to serve the new service units.
Sec. 24. If an owner is required by a local government, as a condition of the approval of the development, to construct or dedicate, or both, a portion of the off-site facilities for which impact fees are imposed, the off-site facilities must be credited against those impact fees.
Sec. 25. 1. A local government which wishes to impose an impact fee must set a time at least 20 days thereafter and place for a public hearing to consider the land use assumptions within the designated service area which will be used to develop the capital improvements plan.
2. The notice must be given:
κ1989 Statutes of Nevada, Page 843 (CHAPTER 395, AB 372)κ
(a) By publication of a copy of the notice at least once a week for 4 weeks in a newspaper of general circulation in the jurisdiction of the local government.
(b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.
3. Proof of publication must be by affidavit of the publisher.
4. Proof of posting must be by affidavit of the clerk or any deputy posting the notice.
5. The notice must contain:
(a) The time, date and location of the hearing;
(b) A statement that the purpose of the hearing is to consider the land use assumptions which will be used to develop a capital improvements plan for which an impact fee may be imposed;
(c) A map of the service area to which the land assumption apply; and
(d) A statement that any person may appear at the hearing and present evidence for or against the land use assumptions.
Sec. 26. 1. The governing body of the local government shall approve or disapprove the land use assumptions within 30 days after the public hearing.
2. If the governing body approves the land use assumptions, it shall develop or cause to be developed a capital improvements plan.
3. Upon the completion of the capital improvements plan, the governing body shall set a time at least 20 days thereafter and place for a public hearing to consider the adoption of the plan and the imposition of an impact fee.
4. The notice must be given:
(a) By publication of a copy of the notice at least once a week for 4 weeks in a newspaper of general circulation in the jurisdiction of the local government.
(b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.
5. Proof of publication must be by affidavit of the publisher.
6. Proof of posting must be by affidavit of the clerk or any deputy posting the notice.
7. The notice must contain:
(a) The time, date and location of the hearing;
(b) A statement that the purpose of the hearing is to consider the adoption of an impact fee;
(c) A map of the service area on which the proposed impact fee will be imposed;
(d) The amount of the proposed impact fee for each service unit; and
(e) A statement that any person may appear at the hearing and present evidence for or against the land use assumptions.
Sec. 27. 1. On the date and at the place fixed for the hearing any person may, by written complaints, protests or objections, present his views concerning the proposed impact fee to the governing body, or present them orally, and the governing body may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and considered, and after all persons wishing to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, pass upon the merits of each such complaint, protest or objection.
κ1989 Statutes of Nevada, Page 844 (CHAPTER 395, AB 372)κ
wishing to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, pass upon the merits of each such complaint, protest or objection.
3. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made before the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner set forth in this section.
Sec. 28. 1. The governing body of the local government shall approve or disapprove the adoption of the capital improvements plan and the imposition of an impact fee within 30 days after the public hearing.
2. If the governing body approves the plan and the imposition of the impact fee, it shall adopt an ordinance providing that all the impact fees collected must be deposited in an interest-bearing account which clearly identifies the category of capital improvements or facility expansions within the service area for which the fee was imposed.
3. The records of the account into which the impact fees were deposited must be available for public inspection during ordinary business hours.
4. The interest and income earned on money in the account must be credited to the account.
Sec. 29. 1. The local government shall, upon the request of an owner of real property for which an impact fee has been collected, refund the impact fee and any interest and income earned on the impact fee by the local government, if:
(a) After collecting the fee the local government did not begin construction of the capital improvement or facility expansion for which the fee was collected within 5 years after collecting the fee; or
(b) The fee, or any portion thereof, was not spent for the purpose for which it was collected within 10 years after the date on which it was collected.
2. The local government shall, upon the completion of the capital improvement or facility expansion identified in the capital improvements plan or upon expenditure of fees collected from a development, recalculate the impact fee for that development by using the actual costs of the capital improvement or facility expansion or the actual costs of those capital improvements or facility expansions completed and engineering estimates of those capital improvements or facility expansions to be completed within the service area.
3. If the impact fee based on the cost or recalculated cost is less than the impact fee paid, the local government shall refund:
(a) The difference if the actual costs are known; or
(b) The difference if it exceeds the impact fee paid by more than 10 percent, if estimates are used,
and any interest and income earned by the local government on the amount of money refunded.
4. The local government shall refund any impact fee or part thereof, and any interest and income earned by the local government on the amount of money refunded, if it is not spent within 10 years from the date of payment.
κ1989 Statutes of Nevada, Page 845 (CHAPTER 395, AB 372)κ
5. Each refund must be paid to the owner of the property on record at the time the refund is paid. If a local government paid the impact fee, the refund must be paid to that local government.
Sec. 30. 1. Each local government which imposes an impact fee shall review and may revise the land use assumptions and capital improvements plan at least once every 3 years. The 3-year period beings upon the adoption of the capital improvements plan by the local government.
2. Upon the completion of the revised capital improvements plan, the local government shall set a time at least 20 days thereafter and place for a public hearing to discuss and review the revision of the plan and whether the revised plan should be adopted.
3. The notice must be given:
(a) By publication of a copy of the notice at least once a week for 4 weeks in a newspaper of general circulation in the jurisdiction of the local government.
(b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.
4. Proof of publication must be by affidavit of the publisher.
5. Proof of posting must be by affidavit of the clerk or any deputy posting the notice.
6. The notice must contain:
(a) The time, date and location of the hearing;
(b) A statement that the purpose of the hearing is to consider the revision of the land use assumptions, capital improvements plan and the imposition of an impact fee;
(c) A map of the service area for which the revision is being prepared; and
(d) A statement that any person may appear at the hearing and present evidence for or against the revision.
Sec. 31. The governing body of the local government shall approve or disapprove the adoption of the revised capital improvements plan, the land use assumptions and the imposition of an impact fee within 30 days after the public hearing.
Sec. 32. 1. The seller of any property who has actual or constructive notice of the imposition or pending imposition of an impact fee on that property which has not been paid in full shall give written notice of the fee to the buyer before the property is conveyed.
2. The notice must contain:
(a) The amount of the impact fee which has not yet been paid, if it has been imposed at the time the notice is given; and
(b) The name of the local government which imposed or will impose the impact fee.
3. If the seller fails to give the notice required pursuant to this section, he is liable to the buyer for any amount of the impact fee which becomes payable on the property after the conveyance.
Sec. 33. 1. Before imposing an impact fee, the governing body of the local government must establish by resolution a capital improvements advisory committee. The committee must be composed of at least five members.
κ1989 Statutes of Nevada, Page 846 (CHAPTER 395, AB 372)κ
2. The governing body may designate the planning commission to serve as the capital improvements advisory committee if:
(a) The planning commission includes at least one representative of the real estate, development or building industry who is not an officer or employee of the local government; or
(b) The governing body appoints a representative of the real estate, development or building industry who is not an officer or employee of the local government to serve as a voting member of the planning commission when the planning commission is meeting as the capital improvements advisory committee.
3. The capital improvements advisory committee shall:
(a) Review the land use assumptions and determine whether they are in conformance with the master plan of the local government;
(b) Review the capital improvements plan and file written comments;
(c) File annual reports concerning the progress of the local government in carrying out the capital improvements plan;
(d) Report to the governing body any perceived inequities in the implementation of the capital improvements plan or the imposition of an impact fee; and
(e) Advise the local government of the need to update or revise the land use assumptions, capital improvements plan and ordinance imposing an impact fee.
Sec. 34. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executive director of the department of taxation may exclude an impact fee imposed by a local government pursuant to sections 2 to 33, inclusive, of this act, from the limit on the maximum allowable revenue from fees established pursuant to NRS 354.5989, upon application by the local government, if the local government creates a special revenue fund exclusively for the impact fee.
2. If the impact fee is excluded from the maximum allowable revenue from fees of a local government pursuant to the provisions of this section:
(a) Any interest or other income earned on the money in the special revenue fund must be credited to the fund; and
(b) The local government shall not use any of the money in the special revenue fund for any purpose other than those authorized pursuant to sections 2 to 33, inclusive, of this act.
________
κ1989 Statutes of Nevada, Page 847κ
Assembly Bill No. 598Committee on Government Affairs
CHAPTER 396
AN ACT relating to county government; requiring a person making an oral bid for the lease of county real property to give advance notice and submit a statement of financial responsibility; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.
2. Except as otherwise provided in NRS 244.279, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution must:
(a) Describe the property proposed to be leased in such a manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects al bids.
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person must be finally accepted.
κ1989 Statutes of Nevada, Page 848 (CHAPTER 396, AB 598)κ
6. A person may not make an oral bid unless, at least 5 days before the meeting held for receiving and considering bids, he submits to the board written notice of his intent to make an oral bid and a statement establishing his financial responsibility to the satisfaction of the board.
7. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
[7.] 8. The board may, either at the same session or at any adjourned session of the same meeting held within 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
[8.] 9. Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.
[9.] 10. All money received from rentals of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.
[10.] 11. This section does not apply to leases of real property made pursuant to NRS 244.288 or 334.070.
Sec. 2. This act becomes effective as 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 703Assemblymen Evans, Wisdom and Lambert
CHAPTER 397
AN ACT relating to elections; prohibiting the creation, division, abolishment or consolidation of election precincts during specified periods except under certain circumstances; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 2 and 3, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:
(a) Ordered by a court of competent jurisdiction;
(b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965 (42 U.S.C. §§ 1971 and 1973 et seq.) and any amendments thereto;
(c) Required to comply with subsection 2 of NRS 293.205;
κ1989 Statutes of Nevada, Page 849 (CHAPTER 397, AB 703)κ
(d) Required by the incorporation of a new city; or
(e) Required by the creation of or change in the boundaries of a special district.
As used in this subsection, special district means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.
2. If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
3. A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
4. If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:
(a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the director of the legislative counsel bureau and the secretary of state a copy of a map showing the new boundaries of the precinct together with a word description of the new boundaries; and
(b) Maintain in his office, an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.
Sec. 2. NRS 293.205 is hereby amended to read as follows:
293.205 1. [On] Except as otherwise provided in section 1 of this act, on or before the [3rd] third Wednesday in May of every even-numbered year, the county clerk shall establish precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require.
2. The boundaries of each election precinct must follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the state or a county or city.
3. As used in this section, visible ground feature includes a street, road, highway, river, stream, shoreline, drainage ditch, railroad right of way or any physical feature which is clearly visible from the ground.
Sec. 3. NRS 293.210 is hereby amended to read as follows:
293.210 [A] Except as otherwise provided in section 1 of this act, a new precinct may be established upon petition of 10 or more registered voters, permanently residing in the area sought to be constituted a precinct, stating that they reside more than 10 miles from any polling place in the county. If it appears to the satisfaction of the county clerk that not less than 50 registered voters reside in the area, the precinct may be established without regard to the distance which the registered voters reside from another polling place or precinct.
Sec. 4. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish such precinct as a mailing precinct, and shall forthwith mail notification to the deputy registrar for such precinct.
κ1989 Statutes of Nevada, Page 850 (CHAPTER 397, AB 703)κ
such precinct as a mailing precinct, and shall forthwith mail notification to the deputy registrar for such precinct.
2. [The] Except as otherwise provided by section 1 of this act, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine [such] those mailing precincts into absent ballot precincts and [such precincts shall] those precincts must be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 705Committee on Ways and Means
CHAPTER 398
AN ACT making a supplemental appropriation to the department of commerce for anticipated legal costs; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of commerce the sum of $17,440 for anticipated legal costs through the end of fiscal year 1988-89. This appropriation is supplemental to that made by section 36 of chapter 747, Statutes of Nevada, 1987, at page 1846.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 851κ
Assembly Bill No. 723Committee on Ways and Means
CHAPTER 399
AN ACT relating to the revenue sharing trust fund; repealing the fund; transferring the money in the fund to the state distributive school account; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.150 is hereby amended to read as follows:
353.150 NRS 353.150 to 353.246, inclusive, [and NRS 353.277] may be cited as the State Budget Act.
Sec. 2. NRS 353.277 is hereby repealed.
Sec. 3. At the end of the fiscal year 1988-89, the state controller shall transfer the assets and liabilities, to the extent that the assets are not encumbered for the fiscal year 1988-89, of the revenue sharing trust fund that was abolished pursuant to section 1 of this act to the state distributive school account.
Sec. 4 This act becomes effective on July 1, 1989.
________
Assembly Bill No. 779Committee on Commerce
CHAPTER 400
AN ACT relating to pawnbrokers; increasing the interest rate and initial amount a pawnbroker may charge; decreases the period that personal property must be held for redemption; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 646.050 is hereby amended to read as follows:
646.050 1. A pawnbroker may charge and receive interest at the rate of [5] 6 percent a month for money loaned on the security of personal property actually received in pledge, and a person shall not ask or receive a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property. For any loan made a pawnbroker may make an initial charge of [$3] $5 in addition to interest at the authorized rate.
2. All personal property must be held for redemption for at least [150] 120 days after the date of pledge with any pawnbroker.
3. A pawnbroker shall give to the person securing the loan a printed receipt clearly showing the amount loaned and rate of interest, together with a description of the pledged property. The reverse side of the receipt must be marked in such a manner that the amounts of principal and interest paid by the person securing the loan can be clearly designated. Each payment must be entered upon the reverse side of the receipt and each entry must designate how much of the payment is being credited to principal and how much to interest, with dates of payments shown thereon.
κ1989 Statutes of Nevada, Page 852 (CHAPTER 400, AB 779)κ
entered upon the reverse side of the receipt and each entry must designate how much of the payment is being credited to principal and how much to interest, with dates of payments shown thereon.
________
Assembly Bill No. 778Committee on Commerce
CHAPTER 401
AN ACT relating to contractors; requiring a surety to give notice to the contractor before cancellation of a bond required for licensing; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.275 is hereby amended to read as follows:
624.275 1. The surety may cancel the bond upon giving 60 days notice to the board and to the contractor by certified mail. Upon receipt by the board of the notice, the board shall immediately notify the contractor who is the principal on the bond [of the effective date of cancellation of the bond, and] that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation. [Notice] The notice mailed to the contractor by the board must be by certified mail addressed to his latest address of record in the office of the board.
2. If the contractor does not comply with the requirements of the notice from the board, his license must be suspended or revoked on the date the bond is canceled.
________
Assembly Bill No. 773Committee on Ways and Means
CHAPTER 402
AN ACT making an appropriation to the department of prisons for the relocation of employees for the prison at Ely; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $184,000 for the relocation of employees for the prison at Ely.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 853 (CHAPTER 402, AB 773)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 147Senators Wagner, Townsend, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shafer, Smith, Titus and Vergiels
CHAPTER 403
AN ACT relating to group insurance for public employees; specifying the amount payable by the state for its retired employees for the next biennium; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The budget division of the department of administration shall pay:
1. For the fiscal year 1989-1990, $74.10 per month; and
2. For the fiscal year 1990-1991, $99.35 per month,
toward the cost of the premiums of group insurance for retired employees of the state.
Sec. 2. This act becomes effective on July 1, 1989.
________
Senate Bill No. 482Committee on Judiciary
CHAPTER 404
AN ACT relating to gaming; repeals statutory requirement that Nevada gaming commission issue renewal certificates or validation stickers upon the renewal of licenses; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal of state license fees and taxes as required by law and the regulations of the commission.
κ1989 Statutes of Nevada, Page 854 (CHAPTER 404, SB 482)κ
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.3855, inclusive, 463.401, 463.660 and 464.040, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. [Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.
7.] Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
[8.] 7. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
Sec. 2. This act becomes effective on January 1, 1990.
________
κ1989 Statutes of Nevada, Page 855κ
Assembly Bill No. 3Assemblyman Sader
CHAPTER 405
AN ACT relating to support for children; authorizing a court to require a parent in arrears in the payment of support to make a security deposit; authorizing the sale of deposited assets if the payment of support remains in arrears; requiring orders for support to be reviewed periodically by the court; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires:
1. Court includes a referee or master appointed by the court.
2. Minor child means a person who is:
(a) Under the age of 18 years;
(b) Under the age of 19 years, if he is enrolled in high school;
(c) Under a legal disability; or
(d) Not declared emancipated pursuant to NRS 129.080 to 129.140, inclusive.
3. Obligor-parent means a parent who has been ordered by a court to pay for the support of a minor child.
Sec. 3. 1. Except as otherwise provided in section 5 of this act, if, in any proceeding where the court has ordered a parent to pay for the support of a minor child:
(a) A declaration is signed under penalty of perjury by the person to whom support has been ordered to have been paid stating that the obligor-parent is in arrears in payment in a sum equal to or greater than the amount of 30 days of payments;
(b) Notice and opportunity for hearing on an application to the court, an order to show cause, or a notice of motion has been given to the obligor-parent; and
(c) The court makes a finding that good cause has been shown and that there exists one or more of the conditions set forth in section 6 of this act, the court shall issue to the obligor-parent an order requiring him to deposit assets to secure future payments of support with a trustee designated by the court and to pay reasonable attorneys fees and costs to the person to whom support has been ordered. The court may designate the district attorney, another county officer or any other person as trustee.
2. Upon receipt of the assets, the trustee designated by the court to receive the assets shall use the money or sell or otherwise generate income from the deposited assets for an amount sufficient to pay the arrearage, administrative costs, any amount currently due pursuant to an order of the court for the care, support, education and maintenance of the minor child, and attorneys fees, if:
κ1989 Statutes of Nevada, Page 856 (CHAPTER 405, AB 3)κ
(a) The obligor-parent fails, within the time specified by the court, to cure the default in the payment of the support of a child due at the time the trustee receives the deposited assets, or fails to comply with a plan for payment approved by the court;
(b) Further arrears in payments accrue after the trustee receives the deposited assets, or the arrearage specified in the declaration is not paid current within any 30-day period following the trustees receipt of the assets;
(c) No fewer than 25 days before the sale or use of the assets, written notice of the trustees intent to sell or use the assets is served personally on the obligor-parent or is mailed to the obligor-parent by certified mail, return receipt requested; and
(d) A motion or order to show cause has not been filed to stop the use or sale, or if filed, has been denied by the court.
The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.
3. To cover his administrative costs, the trustee may deduct from the deposited money all actual costs incurred in a sale and 5 percent of each payment made pursuant to subsection 2.
Sec. 4. 1. Upon deposit of any asset pursuant to section 3 of this act which is not money or is not readily convertible into money, the court may, not fewer than 25 days after serving the obligor-parent with written notice and providing an opportunity for hearing, order the sale of the asset and deposit the proceeds of the sale with the trustee designated by the court to receive the assets. The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.
2. When an asset ordered to be deposited is real property, the order must be certified in accordance with NRS 17.150 and recorded with the county recorder. The deposited real property and the rights, benefits and liabilities attached to that property continue in the possession of the legal owner until it becomes subject to a use or sale of assets pursuant to this section or section 3 of this act. The legal owner may not transfer, encumber, hypothecate, dispose of or realize profits from the property unless approved by the court.
3. When an asset ordered to be deposited is personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts, the trustee shall file a financing statement in accordance with NRS 104.9401, 104.9402 and 104.9403.
4. When an asset ordered to be deposited is a vehicle registered with the department of motor vehicles and public safety, the trustee shall deliver to the department the certificate of ownership of the vehicle in accordance with NRS 482.428.
Sec. 5. 1. If raised by the obligor-parent, the court, in deciding a motion for an order to deposit assets or a motion to stop a sale or the use of assets, may consider any of the following factors, among other legal or equitable defenses:
(a) The payments of support of the child were not in arrears at the time the declaration was filed.
κ1989 Statutes of Nevada, Page 857 (CHAPTER 405, AB 3)κ
(b) The granting of the order or the denial of the motion would have a serious adverse effect on the immediate family members of the obligor-parent who reside with the obligor-parent which would outweigh the effect on the other parent of the denial of the order or the granting of the motion.
(c) The granting of the order or denial of the motion would substantially impair the ability of the obligor-parent to generate income.
(d) Any other specified emergency condition which impairs the ability of the obligor-parent to make the payment of support.
2. Where evidence is presented that the obligor-parent is in arrears in the payment of support of a child, the obligor-parent must dispute the presumption that nonpayment of support of the child was willful, without good faith, and that the obligor-parent had the ability to pay the support.
3. An obligor-parent may oppose the use of the money or the sale of the assets pursuant to subsection 2 of section 3 of this act if he files a motion therefor within 15 days after service of notice of the impending use or sale of the assets. The clerk of the court shall set the motion for hearing not later than 20 days after service on the trustee and on the person to whom support has been ordered to have been paid.
4. If the obligor-parent is found to be in arrears at the time the declaration was filed, the court shall award reasonable attorneys fees and costs to the person to whom support has been ordered to have been paid, even if the obligor-parent has cured the arrearage at the time of the hearing.
Sec. 6. The court shall not issue an order pursuant to section 3 of this act, unless it finds the existence of one or more of the following conditions:
1. The obligor-parent is not receiving salary or commissions which may be subject to an assignment or withholding pursuant to chapter 31A of NRS, and there is reason to believe that he has income from some source which may be subject to an assignment.
2. An assignment or withholding of a portion of salary or commissions pursuant to chapter 31A of NRS would not be sufficient to meet the obligation of the support of a child for reasons other than a change of circumstances which would qualify for a reduction in the amount of the support ordered.
3. The history of employment of the obligor-parent makes an assignment or withholding of a portion of salary or commissions pursuant to chapter 31A of NRS difficult to enforce or not a practical means for securing the payment of the obligation of support. Such a history may be evidenced by such conditions as multiple, concurrent or consecutive employers.
Sec. 7. 1. In determining which assets of the obligor-parent are to be subject to an order issued pursuant to section 3 of this act, the court shall give priority to cash, then to other assets which have maximum liquidity and are readily convertible into cash. In all instances, the deposited assets must:
(a) Not be exempt by law from execution; and
(b) Whenever possible, be equal in value to not less than the amount of current arrearages of the obligor-parent and the amount of the annual amount of support ordered.
2. In lieu of depositing money or other assets as provided in subsection 1, the obligor-parent may, upon approval of the court, provide a performance bond secured by any real property or other assets of the obligor-parent and equal in value to the annual amount of support ordered and the amount of current arrearages.
κ1989 Statutes of Nevada, Page 858 (CHAPTER 405, AB 3)κ
equal in value to the annual amount of support ordered and the amount of current arrearages.
Sec. 8. 1. During the pendency of any proceeding pursuant to section 3 of this act, upon the motion of any party, the court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community or separate, except in the usual course of business or for such necessities of life as are deemed not to be extraordinary expenditures.
2. If an ex parte order is directed against a party, the court shall require him to account to the court for all extraordinary expenditures.
3. The ex parte order must be made returnable not later than 25 days after the date of the order. At the hearing the court shall determine for which property the obligor-parent is required to report extraordinary expenditures and shall specify what is deemed an extraordinary expenditure for the purposes of this section.
4. Any ex parte order must state on its face the date of expiration of the order. The order expires 1 year after it is issued or upon deposit of assets or money pursuant to section 3 of this act, whichever occurs first.
Sec. 9. A trustee designated by the court to be responsible for receiving any money or property or for making any disbursements pursuant to section 3 of this act, is not liable for any action undertaken in good faith and in conformance with sections 2 to 12, inclusive, of this act.
Sec. 10. 1. The trustee designated by the court to receive assets pursuant to section 3 of this act, shall return any assets to the obligor-parent when:
(a) The obligor-parent has given the trustee notice to return assets;
(b) All payments in arrears have been paid in full; and
(c) The obligor-parent has made, in a timely manner, all payments of support ordered for the 12 months immediately preceding the date notice was given to the trustee.
2. If the deposited assets include real property, upon the satisfaction of the requirements of subsection 1, the trustee shall prepare a release and record it in the office of the county recorder.
3. If the deposited assets include personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts, the trustee shall, upon the satisfaction of the requirements of subsection 1, prepare a release and file it in accordance with NRS 104.9406.
4. If the deposited assets include a vehicle registered with the department of motor vehicles and public safety, the trustee shall, upon the satisfaction of the requirements of subsection 1, deliver the certificate of ownership to the obligor-parent in accordance with NRS 482.431.
Sec. 11. If requested by an obligor-parent, the trustee designated by the court to receive assets shall prepare a statement setting forth disbursements and receipts made pursuant to section 3 of this act.
Sec. 12. 1. If the trustee designated by the court to receive assets pursuant to section 3 of this act, incurs fees or costs which are not compensated by the deduction authorized pursuant to section 3 of this act, the court:
(a) Shall hold a hearing not later than 20 days after the obligor-parent is served by the trustee with notice of a motion or order to show cause; and
κ1989 Statutes of Nevada, Page 859 (CHAPTER 405, AB 3)κ
(b) May order the obligor-parent to pay reasonable fees and costs.
2. A fee or cost incurred:
(a) In any sale of assets pursuant to section 3 of this act; or
(b) In the preparation of a statement pursuant to section 11 of this act,
is recoverable as set forth in this section.
Sec. 13. 1. An order issued by any court or expedited process for the support of a child that is being enforced in this state must be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified. If the court determines that modification of the order is appropriate, the court shall enter an order modifying the previous order for support. Any review of an order for the support of a child must utilize the formula required by NRS 125B.070. The review must be conducted by the court upon the filing of a request for review by:
(a) The welfare division of the department of human resources or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or
(b) A parent or legal guardian of the child.
2. An order for the support of a child may be reviewed at any time on the basis of changed circumstances.
3. As used in this section, expedited process has the meaning ascribed to it in subsection 6 of NRS 125B.140.
Sec. 14. NRS 125B.080 is hereby amended to read as follows:
125B.080 1. A court shall apply the appropriate formula set forth in subsection 2 of NRS 125B.070 to:
(a) Determine the required support in any [contested] case involving the support of the children.
(b) [Regarding any] Any request filed after July 1, 1987, to change the amount of the required support of children.
2. If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in subsection 2 of NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify the award.
3. If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in subsection 2 of NRS 125B.070, any subsequent modification of that support must be based upon changed circumstances [.
3.] or as a result of a review conducted pursuant to section 13 of this act.
4. Notwithstanding the formulas set forth in subsection 2 of NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount.
κ1989 Statutes of Nevada, Page 860 (CHAPTER 405, AB 3)κ
that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
[4.] 5. It is presumed that the basic needs of a child are met by the formulas set forth in subsection 2 of NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.
[5.] 6. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall set forth findings of fact as to the basis for the deviation from the formula.
[6.] 7. Expenses for health care which are not reimbursed, including [, but not limited to,] expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.
[7.] 8. If a parent who has an obligation for support is willfully underemployed or unemployed, for the purpose of avoiding an obligation for support of a child, that obligation must be based upon the parents true potential earning capacity.
[8.] 9. The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mothers pregnancy and confinement;
(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both [spouses.] parents.
Sec. 15. NRS 126.141 is hereby amended to read as follows:
126.141 1. On the basis of the information produced at the pretrial hearing, the judge, master or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:
(a) That the action be dismissed with or without prejudice.
(b) That the matter be compromised by an agreement among the alleged father, the mother and the child, in which the father and child relationship is not determined but in which a defined economic obligation, fully secured by payment or otherwise, is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge, master or referee conducting the hearing.
κ1989 Statutes of Nevada, Page 861 (CHAPTER 405, AB 3)κ
and, if appropriate, in favor of the mother, subject to approval by the judge, master or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge, master or referee conducting the hearing shall consider the best interest of the child, [in the light of the factors enumerated in NRS 125B.060,] discounted by the improbability, as it appears to him, of establishing the alleged fathers paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged fathers identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him.
(c) That the alleged father voluntarily acknowledge his paternity of the child.
2. If the parties accept a recommendation made in accordance with subsection 1, judgment may be entered accordingly.
3. If a party refuses to accept a recommendation made under subsection 1 and blood tests have not been taken, the court shall require the parties to submit to blood tests, if practicable. Thereafter the judge, master or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.
4. The guardian ad litem may accept or refuse to accept a recommendation under this section.
5. The pretrial hearing may be terminated and the action set for trial if the judge, master or referee conducting the hearing finds unlikely that all parties would accept a recommendation he might make under subsection 1 or 3.
Sec. 16. NRS 125B.060 is hereby repealed.
________
Senate Bill No. 421Committee on Transportation
CHAPTER 406
AN ACT relating to motor vehicles; allowing a dealer of new or used motor vehicles or a rebuilder to purchase a motor vehicle from a salvage pool; and providing other matters properly relating thereto.
[Approved June 20, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A card authorizing a dealer of new or used motor vehicles or a rebuilder to bid to purchase a vehicle from an operator of a salvage pool must contain:
(a) The dealers or rebuilders name and signature;
(b) His business name;
(c) His business address;
κ1989 Statutes of Nevada, Page 862 (CHAPTER 406, SB 421)κ
(d) His business license number issued by the department; and
(e) A picture of the dealer or rebuilder.
2. A dealer or rebuilder may obtain one or two cards for his business.
3. The department shall charge a fee of $50 for each card issued
4. A card issued pursuant to this section expires on December 31 of the year in which it was issued. The dealer or rebuilder must submit to the department an application for renewal accompanied by a renewal fee of $25 for each card. The application must be made on a form provided by the department and contain such information as the department requires.
5. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
Sec. 2. NRS 487.400 is hereby amended to read as follows:
487.400 As used in NRS 487.400 to 487.510, inclusive, and section 1 of this act, salvage pool means a business which obtains motor vehicles from insurers for resale or for sale on consignment or as an agent for the insurer, if the vehicles are acquired by the insurer as the result of a settlement for insurance for the total loss of the vehicle.
Sec. 3. NRS 487.470 is hereby amended to read as follows:
487.470 Only a licensed automobile wrecker , dealer of new or used motor vehicles or rebuilder may bid to purchase a vehicle from an operator of a salvage pool, and [such an] the operator may only sell a vehicle to [a licensed automobile wrecker. Before a bid is accepted, the operator shall require the automobile wrecker to present] such a person. An operator shall not accept a bid from:
1. An automobile wrecker until he presents the card issued by the department pursuant to NRS 487.070 [to verify that he is a licensed automobile wrecker.] ; or
2. A dealer of new or used motor vehicles or rebuilder until he presents the card issued by the department pursuant to section 1 of this act.
Sec. 4. NRS 487.480 is hereby amended to read as follows:
487.480 1. Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this state , he must have in his possession the certificate of ownership or a bill of sale of salvage for that vehicle. He shall , within 10 days after completion of the transaction , forward the certificate of ownership or bill of sale of salvage to the department. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the operator forwards the certificates to the department, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.
2. Upon sale of the vehicle, the operator of the salvage pool shall [issue] provide a bill of sale of salvage to the [purchaser] licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder on a form prescribed and supplied by the department. The department shall accept the bill of sale in lieu of the certificate of ownership or other evidence of title [when] from the:
(a) Automobile wrecker if accompanied by an appropriate application for a certificate of dismantling [by the purchaser.] ; or
κ1989 Statutes of Nevada, Page 863 (CHAPTER 406, SB 421)κ
(b) Dealer of new or used motor vehicles or rebuilder when he licenses the vehicle for operation or transfers ownership of it, if the bill of sale is accompanied by an appropriate application, all other required documents and fees, and a certificate of inspection signed by an employee of the department attesting to the mechanical fitness and safety of the vehicle.
3. The department may issue to [the purchaser of a vehicle pursuant to subsection 2,] the automobile wrecker without charge, a certificate of dismantling [which] that contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
Sec. 5. NRS 487.500 is hereby amended to read as follows:
487.500 Every licensed operator of a salvage pool shall maintain a record of all vehicles he sells. The record must contain the name and address of the person from whom the vehicle was purchased or acquired and the date [thereof,] of the acquisition or purchase, the name and address of the automobile wrecker , dealer of new or used motor vehicles or rebuilder to whom the vehicle was sold and the date of the sale, the registration number last assigned to the vehicle and a brief description of the vehicle, including, insofar as the information exists with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The record must be open to inspection during regular business hours by any peace officer or investigator of the department.
________
Assembly Bill No. 601Assemblymen Sheerin, Freeman, Adler, Myrna Williams, Evans, Carpenter, Swain, Sedway, Gaston, Spinello, Jeffrey, Spriggs, Brookman, Sader, Garner, Price, McGinness, Arberry, Nevin, Humke and Wendell Williams
CHAPTER 407
AN ACT relating to facilities for treatment and care; authorizing the health division of the department of human resources to impose certain intermediate sanctions against any medical facility or facility for the dependent; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions sets forth as sections 2 and 3 of this act.
Sec. 2. 1. If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 449.001 to 449.240, inclusive, or any condition, standard or regulation adopted by the board, the health division in accordance with the regulations adopted pursuant to section 3 of this act may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
κ1989 Statutes of Nevada, Page 864 (CHAPTER 407, AB 601)κ
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) Impose and administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the health division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The health division may require any facility that violates any provision of NRS 449.001 to 449.240, inclusive, or any condition, standard or regulation adopted by the board, to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.
Sec. 3. The board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 2 of this act. These regulations must:
1. Prescribe the circumstances and manner in which each sanction applies:
2. Minimize the time between identification of a violation and the imposition of a sanction;
3. Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and
4. Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations.
Sec. 4. NRS 449.170 is hereby amended to read as follows:
449.170 1. When the health division intends to deny, suspend or revoke a license, or impose any sanction prescribed by section 2 of this act, it shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action taken. Notice is not required if the health division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license or impose any sanction prescribed by section 2 of this act, pending proceedings for revocation or other action.
2. If a person wants to contest the action of the health division, he must file an appeal pursuant to regulations adopted by the board.
κ1989 Statutes of Nevada, Page 865 (CHAPTER 407, AB 601)κ
3. Upon receiving notice of an appeal, the health division shall [immediately] hold a hearing [.] within 30 days.
________
Assembly Bill No. 782Assemblymen Garner, Sader, Humke, Spriggs, Wendell Williams, Sheerin, McGinness, Bergevin, Thompson, Wisdom, Triggs, McGaughey, Arberry, Swain, Jeffrey, Gaston, Freeman, Kerns, Kissam, Price, Regan, Nevin, Lambert, Gibbons, Bogaert, Diamond, Fay, Schofield, Dini, Banner, Carpenter and Myrna Williams
CHAPTER 408
AN ACT relating to crimes; providing that murder by abuse of a child is murder of the first degree; providing a definition of substantial mental harm for the purposes of the prohibition against abuse or neglect of a child; revising provisions concerning the certification of certain juveniles for trial; removing from the jurisdiction of the juvenile courts any crime arising out of the same facts as a murder or attempted murder committed by a juvenile; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.030 is hereby amended to read as follows:
200.030 1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, [or] lying in wait, torture [,] or child abuse, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary , sexual abuse of a child or sexual molestation of a child under the age of 14 years; or
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.
[As used in this subsection, sexual molestation is any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.]
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.
4. Every person convicted of murder of the first degree shall be punished:
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances.
(b) Otherwise, by imprisonment in the state prison for life with or without possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
κ1989 Statutes of Nevada, Page 866 (CHAPTER 408, AB 782)κ
5. Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
6. As used in this section:
(a) Child abuse means physical injury of a nonaccidental nature to a child under the age of 18 years;
(b) Sexual abuse of a child means any of the acts described in NRS 432B.100; and
(c) Sexual molestation means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
Sec. 2. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any adult person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years.
3. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
κ1989 Statutes of Nevada, Page 867 (CHAPTER 408, AB 782)κ
Sec. 3. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who as committed a delinquent act. A child commits a delinquent act if he:
(1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder [,] or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or
(2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. This chapter does not deprive justices courts and municipal courts in any county having a population of 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:
(a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in those proceedings; and
(b) Those justices courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.
In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justices court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.
Sec. 4. NRS 62.050 is hereby amended to read as follows:
62.050 If, during the pendency of a criminal or quasi-criminal charge, except a charge of murder or attempted murder [,] or any related crime arising out of the same facts as the murder or attempted murder, brought against a person in any court, it is ascertained that the person was under the age of 18 years when the alleged offense was committed, the court shall forthwith transfer the case and record to the juvenile division. The court making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division or to that court itself, or release the child to the custody of some suitable person, to be brought before the court at a time designated.
κ1989 Statutes of Nevada, Page 868 (CHAPTER 408, AB 782)κ
Sec. 5. NRS 62.060 is hereby amended to read as follows:
62.060 1. Whenever any person over the age of 18 years and under the age of 21 years is accused of a felony or a gross misdemeanor and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging that person with the commission of a felony or a gross misdemeanor, and a preliminary hearing has been held or conditionally waived, the district judge may, [at] in his discretion and with consent of the accused, or upon his request, arrest the proceeding at the time of the arraignment or at any time [prior to] before the impanelment of the jury, except where the crime charged is murder or attempted murder [,] or any related crime arising out of the same facts as the murder or attempted murder, and transfer the case to the juvenile division of the district court. The judge of the juvenile division may investigate the charge against the defendant and may order the probation officer to investigate all facts and circumstances necessary to assist the judge in determining the proper disposition of the case. The judge of the juvenile division shall thereupon determine whether proceedings against the person [shall be dealt with under] charged must be conducted pursuant to the provisions of this chapter.
2. If the judge of the juvenile division is satisfied upon such an investigation that proceedings against the person [should be dealt with under] charged must be conducted pursuant to the provisions of this chapter, he may [make such] order that the proceedings be conducted as provided in this chapter for the disposition of a child under the age of 18 years.
3. If no request is made by the defendant for [proceeding under] proceedings pursuant to the provisions of this chapter, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for [proceeding under] proceedings pursuant to the provisions of this chapter, the [case shall proceed in the ordinary manner.] person must be certified for criminal proceedings conducted in the manner provided for adults and his case must be transferred out of the juvenile division.
4. If a case is transferred out the juvenile division pursuant to subsection 3, original jurisdiction over the person charged rests with the court to whom the case has been transferred and the person charged may not petition for transfer back to the juvenile division except upon the grounds of exceptional circumstances.
Sec. 6. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
κ1989 Statutes of Nevada, Page 869 (CHAPTER 408, AB 782)κ
attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order.
3. Except as provided otherwise in this section , a child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child [can] is able to come into communication with any adult convicted of crime or under arrest and charged with crime, except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts must be made to keep children who are in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained must, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after the child submits an application, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
5. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of section 1 of this act. The certificate of attendance must not set forth the name of the child or the offense alleged.
6. The officer in charge of any facility for the detention of juveniles may by written order direct the transfer to the county jail of a child placed in the facility. The child must not be detained in the county jail for more than 24 hours unless a district judge orders him detained for a longer period. This order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection must, where possible, be placed in a cell separate from adults.
7. During the pendency of a criminal or quasi-criminal charge of murder or attempted murder [,] or any related crime arising out of the same facts as the murder or attempted murder, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.
Sec. 7. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 870κ
Assembly Bill No. 728Assemblymen Garner, Wisdom, Price, Freeman, Banner, Regan, Bogaert, Sheerin, Bergevin, Callister, Carpenter, Porter, McGinness, Gibbons, Evans, Humke, Thompson, Swain, Wendell Williams, McGaughey, Kissam, Chowning, Arberry and Kerns
CHAPTER 409
AN ACT relating to crimes against public health; prohibiting the smoking of tobacco in any child care facility; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsection 3, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator, library, museum, or a bus used by the general public, other than a chartered bus.
(b) Room, including a lecture hall or university concert hall, located in a building owned or occupied by a public governmental agency, while a public meeting is in progress in the room.
(c) Hallway, waiting room or other area located in a building owned or occupied by a public governmental agency when so designated by the governing body of that agency or the head of that agency, if no governing body exists.
(d) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist or doctor of traditional Oriental medicine.
(e) Hotel, motel or restaurant when so designated by the operator thereof.
(f) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(g) Child care facility.
2. The person in control of an area listed in subsection 1:
(a) Shall post signs prohibiting smoking in the area except as provided in paragraph (b).
(b) May provide separate rooms or portions of areas where smoking is prohibited to be used for smoking.
3. The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2.
4. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
5. As used in this section [, public] :
κ1989 Statutes of Nevada, Page 871 (CHAPTER 409, AB 728)κ
(a) Child care facility means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.
(b) Public meeting means a gathering for which there is:
(1) Advance notice;
(2) A planned agenda; and
(3) A person presiding or otherwise in charge.
Public meeting does not include a trade show or exhibition.
________
Assembly Bill No. 659Committee on Judiciary
CHAPTER 410
AN ACT relating to corporations; permitting certain variations in the effective date of a merger or consolidation; allowing certain variations in the time to compensate a shareholder who objects to a merger or consolidation; allowing preferences, rights and restrictions on stock to be dependent on facts ascertainable outside the articles of incorporation; clarifying that the articles of incorporation may provide that no action may be taken by the written consent of stockholders; making various changes regarding the acquisition of a controlling interest; providing that the articles of incorporation or bylaws may provide for the classification of directors; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 78.010 is hereby amended to read as follows:
78.010 1. As used in this chapter:
(a) Articles of incorporation and certificate of incorporation are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.195, 78.207, 78.380, 78.385, 78.390, and 78.410 to 78.445, inclusive, and any agreement of consolidation or merger filed pursuant to NRS 78.450 to 78.490, inclusive.
(b) Directors and trustees are synonymous terms.
(c) Principal office, principal place of business, and principal office in this state, are synonymous terms referring to the office maintained in this state as required by NRS 78.090.
(d) Receiver includes receivers and trustees appointed as provided in this chapter.
(e) Stockholder of record means a person whose name appears on the stock ledger of the corporation.
2. General terms and powers given in this chapter [shall] must not be restricted by the use of special terms, or be held to be restricted by any grant of special powers contained in this chapter.
Sec. 2. NRS 78.095 is hereby amended to read as follows:
78.095 1. The location of the office of any resident agent of corporations in any [city or town] county in this state may be transferred from one address to another, in the same [city or town,] county, upon the making and executing by the resident agent of a certificate, acknowledged before a person authorized by the laws of this state to take acknowledgments of deeds, setting forth the names of all the corporations represented by the resident agent, and the address at which the resident agent has maintained the principal office for each of such corporations, and further certifying to the new address to which the resident agency will be transferred and at which the resident agent will thereafter maintain the principal office for each of the corporations recited in the certificate.
κ1989 Statutes of Nevada, Page 872 (CHAPTER 410, AB 659)κ
by the resident agent of a certificate, acknowledged before a person authorized by the laws of this state to take acknowledgments of deeds, setting forth the names of all the corporations represented by the resident agent, and the address at which the resident agent has maintained the principal office for each of such corporations, and further certifying to the new address to which the resident agency will be transferred and at which the resident agent will thereafter maintain the principal office for each of the corporations recited in the certificate.
2. Upon the filing of the certificate in the office of the secretary of state and a copy thereof in the office of the county clerk of the county where the principal place of business is located, the principal office in this state of each of the corporations recited in the certificate is located at the new address of the resident agent thereof as given in the certificate.
Sec. 3. NRS 78.140 is hereby amended to read as follows:
78.140 1. Directors and officers shall exercise their powers in good faith and with a view to the interests of the corporation. No contract or other transaction between a corporation and one or more of its directors or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is either void or voidable solely for this reason or solely because any such director or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:
(a) The fact of the common directorship or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such director or directors.
(b) The fact of the common directorship or financial interest is disclosed or known to the stockholders, and they approve or ratify the contract or transaction in good faith by a majority vote [or written consent] of stockholders holding a majority of the shares entitled to vote . [; the] The votes of the common or interested directors or officers [shall] must be counted in any such vote of stockholders.
(c) The contract or transaction is fair as to the corporation at the time it is authorized or approved.
2. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at such meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.
3. Unless otherwise provided in the [certificate] articles of incorporation or the bylaws, the board of directors may fix the compensation of directors for services in any capacity.
κ1989 Statutes of Nevada, Page 873 (CHAPTER 410, AB 659)κ
Sec. 4. NRS 78.195 is hereby amended to read as follows:
78.195 1. Every corporation may issue one or more classes or kinds of stock, any of which may be of stock with or without par value, with full or limited voting powers or without voting powers and with such designations, preferences and relative, participating, optional or other special rights, or qualifications, limitations or restrictions thereof, as are stated [and expressed] in the [certificate or] articles of incorporation [, or in any amendment thereto,] or in the resolution providing for the [issue] issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the [certificate or] articles of incorporation . [, or of any amendment thereto.]
2. Any voting power, designation, preference, right, qualification, limitation or restriction on any class or series of stock may be made dependent upon any fact which may be ascertained outside of the articles of incorporation or the resolution providing for the issuance of such stock adopted by the board of directors, if the manner in which a fact may operate upon the voting power, designation, preference, right, qualification, limitation or restriction on such class or series of stock is stated in the articles of organization or the resolution.
3. Any class or kind of stock may be special stock, whether the corporation has the power to issue one or more classes or kinds of stock. The power to increase or decrease or otherwise adjust the capital stock as provided in this chapter applies to all classes of stock.
[2.] 4. Any preferred or special stock may be made subject to redemption at such times and prices, and may be issued in such series, with such designations, preferences, and relative, participating, optional or other special rights, qualifications, limitations or restrictions thereof as are stated [and expressed] in the [certificate or] articles of incorporation [, or in any amendment thereto,] or in the resolution providing for the [issue] issuance of such stock adopted by the board of directors.
[3.] 5. The holder of preferred or special stock of any class or series thereof is entitled to receive dividends at such rates, on such conditions and at such times as are [expressed] stated in the [certificate or] articles of incorporation [, or in any amendment thereto,] or in the resolution providing for the [issue] issuance of such stock adopted by the board of directors, payable in preference to, or in relation to, the dividends payable on any other class or classes of stock, and cumulative or noncumulative as [expressed.] stated.
6. Any rate, condition or time for payment of dividends of any class or series of stock may be made dependent upon any fact which may be ascertained outside the articles of incorporation or the resolution adopted by the board of directors providing for the dividends, provided that the manner in which a fact may operate upon the rate, condition or time of payment for such dividends is stated in the articles of incorporation or the resolution.
7. When a dividend upon the preferred and special stocks, if any, to the extent of the preference to which such stocks are entitled, has been paid or declared and set apart for payment, a dividend on any remaining class of stock may then be paid out of the remaining assets of the corporation available for dividends.
κ1989 Statutes of Nevada, Page 874 (CHAPTER 410, AB 659)κ
[4.] 8. The holders of the preferred or special stocks of any class or series thereof are entitled to such rights upon the dissolution of, or upon any distribution of the assets of, the corporation as are stated [and expressed] in the [certificate or] articles of incorporation [, or in any amendment thereto,] or in the resolution providing for the [issue] issuance of such stock adopted by the board of directors.
[5.] 9. Any preferred or special stocks of any class or series thereof may be made convertible into, or exchangeable for, shares of any other class or classes or of any other series of the same or any other class or classes of stock of the corporation at such prices or at such rates of exchange and with such adjustments as are stated [and expressed] in the [certificate or] articles of incorporation [, or in any amendment thereto,] or in the resolution [or resolutions] providing for the [issue] issuance of such stocks adopted by the board of directors.
[6.] 10. If the corporation is authorized to issue more than one class of stock or more than one series of any class, the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights must be set forth in full or summarized on the face or back of each certificate which the corporation issues to represent such stock, or on the informational statement sent pursuant to NRS 78.235, except that, in lieu thereof, the certificate or informational statement may contain a statement setting forth the office or agency of the corporation from which a stockholder may obtain a copy of a statement setting forth in full or summarizing the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights. The corporation shall furnish to its stockholders, upon request and without charge, a copy of any such statement or summary.
[7.] 11. If the corporation is authorized to issue only special stock, each certificate or informational statement sent pursuant to NRS 78.235 must set forth in full or summarize the rights of the holders of the stock and, when stock of any class or series thereof is issued, the designations, preferences and rights which have not been set forth in the [certificate or] articles of incorporation , [or an amendment thereto,] the designations, preferences and relative, participating, optional or other special rights of such stock and the qualifications, limitations or restrictions of such rights must be set forth in a certificate made under the seal of the corporation and signed by its president, or a vice president, and its secretary, or an assistant secretary, and acknowledged by the president or vice president before a person authorized by the laws of Nevada to take acknowledgments of deeds, and the certificate must be filed and a copy recorded in the same manner as [certificates or] articles of incorporation are required to be filed and recorded.
12. The provisions of this section do not restrict the directors of a corporation from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or executing plans, arrangements or instruments that deny rights, privileges, power or authority to a holder of a specified number of shares or percentage of share ownership or voting power.
κ1989 Statutes of Nevada, Page 875 (CHAPTER 410, AB 659)κ
Sec. 5. NRS 78.320 is hereby amended to read as follows:
78.320 1. [Any] Unless otherwise provided in the articles of incorporation or the bylaws, any action which may be taken by the vote of stockholders at a meeting may be taken without a meeting if authorized by the written consent of stockholders holding at least a majority of the voting power, except that:
(a) If any greater proportion of voting power is required for such an action at a meeting, then the greater proportion of written consents is required; and
(b) This general provision for action by written consent does not supersede any specific provision for action by written consent contained in this chapter.
2. In no instance where action is authorized by written consent need a meeting of stockholders be called or noticed.
3. A written consent is not valid unless it is:
(a) Signed by the stockholder;
(b) Dated, as to the date of the stockholders signature; and
(c) Delivered to the corporation, in the manner prescribed in subsection 4, within 60 days after the earliest date that a stockholder signed the written consent.
4. Delivery of a written consent must be made personally or by certified or registered mail, return receipt requested, to the corporations principal place of business, principal office in this state or officer or agent who has custody of the book in which the minutes of meetings of stockholders are recorded.
5. If any action is taken which was authorized by written consent:
(a) Prompt notice of the action must be given to any stockholders who did not consent in writing.
(b) Any certificate required to be filed must state that written consent and notice has been given in accordance with the provisions of this section.
Sec. 6. NRS 78.330 is hereby amended to read as follows:
78.330 1. Unless elected pursuant to NRS 78.320, the directors of every corporation must be chosen at the annual meeting of the stockholders, to be held on a date and at a time, or in the manner, provided for by the bylaws, by a plurality of the votes cast at the election. If for any reason the directors are not elected pursuant to NRS 78.320 or at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose.
2. [At] The articles of incorporation or the bylaws may provide for the classification of directors as to their respective terms of office or as to their election by one or more authorized classes or series of shares, provided that at least one-fourth in number of the directors of every corporation must be elected annually.
Sec. 7. NRS 78.335 is hereby amended to read as follows:
78.335 1. Any director may be removed from office by the vote [or written consent] of stockholders representing not less than two-thirds of the issued and outstanding capital stock entitled to voting power, provided:
(a) That in case of corporations which have provided in their [certificate or] articles of incorporation [, or an amendment thereof,] for the election of directors by cumulative voting, no director [shall] may be removed from office under the provisions of this section except upon the vote [or written consent] of stockholders owning sufficient shares to have prevented his election to office in the first instance; and
κ1989 Statutes of Nevada, Page 876 (CHAPTER 410, AB 659)κ
consent] of stockholders owning sufficient shares to have prevented his election to office in the first instance; and
(b) That the certificate or articles of incorporation may require the concurrence of a larger percentage of the stock entitled to voting power in order to remove a director.
2. All vacancies, including those caused by an increase in the number of directors, may be filled by a majority of the remaining directors, though less than a quorum, unless it is otherwise provided in the [certificate or] articles of incorporation . [or an amendment thereof.]
3. Unless otherwise provided in the [certificate or] articles of incorporation, [or an amendment thereof,] when one or more directors [shall] give notice of his or their resignation to the board, effective at a future date, the board [shall have power to fill such] may fill the vacancy or vacancies to take effect when [such] the resignation or resignations [shall] become effective, each director so appointed to hold office during the remainder of the term of office of the resigning director or directors.
Sec. 8. NRS 78.350 is hereby amended to read as follows:
78.350 1. Unless otherwise provided in the [certificate or] articles of incorporation, [or an amendment thereof,] every stockholder of record of a corporation [shall be] is entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his name on the books of the corporation.
2. Unless contrary provisions [shall be made] are contained in the [certificate of incorporation or] articles of incorporation, [or an amendment thereof,] the directors may prescribe a period not exceeding 60 days [prior to] before any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix a day not more than 60 days [prior to] before the holding of any such meeting as the day as of which stockholders entitled to notice of and to vote at such meetings [shall] must be determined . [; and only] Only stockholders of record on [such day shall be] that day are entitled to notice or to vote at such meeting.
3. The directors may adopt a resolution prescribing a date upon which the stockholders of record are entitled to give written consent pursuant to NRS 78.320. The date prescribed by the directors may not precede nor be more than 10 days after the date the resolution is adopted by the directors. If the directors do not adopt a resolution prescribing a date upon which the stockholders of record are entitled to give written consent pursuant to NRS 78.320 and:
(a) No prior action by the directors is required by this chapter, the date is the first date on which a valid written consent is delivered in accordance with the provisions of section 5 of this act.
(b) Prior action by the directors is required by this chapter, the date is at the close of business on the day on which the directors adopt the resolution taking the required action.
4. The provisions of this section do not restrict the directors from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or executing plans, arrangements or instruments that deny rights, privileges, power or authority to a holder or holders of a specified number of shares or percentage of share ownership or voting power.
κ1989 Statutes of Nevada, Page 877 (CHAPTER 410, AB 659)κ
of a specified number of shares or percentage of share ownership or voting power.
Sec. 9. NRS 78.378 is hereby amended to read as follows:
78.378 1. The provisions of NRS 78.378 to 78.3793, inclusive, are applicable to any acquisition of a controlling interest in an issuing corporation unless, before an acquisition is made, the articles of incorporation or bylaws of the corporation in effect on the 10th day following the acquisition of a controlling interest by an acquiring person provide that the provisions of those sections do not apply.
2. The articles of incorporation, the bylaws or a resolution adopted by the directors of the issuing corporation may impose stricter requirements on the acquisition of a controlling interest in the corporation than the provisions of NRS 78.378 to 78.3793, inclusive.
3. The provisions of NRS 78.378 to 78.3793, inclusive, do not restrict the directors of an issuing corporation from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or executing plans, arrangements or instruments that deny rights, privileges, power or authority to a holder of a specified number of shares or percentage of share ownership or voting power.
Sec. 10. NRS 78.3788 is hereby amended to read as follows:
78.3788 Issuing corporation means a corporation which is organized in this state and which:
1. Has 200 or more stockholders, at least 100 of whom [, as indicated by the stock ledger of the corporation,] are stockholders of record and residents of this state; and
2. Does business in this state directly or through an affiliated corporation.
Sec. 11. NRS 78.3792 is hereby amended to read as follows:
78.3792 1. If so provided in the [certificate or] articles of incorporation or the bylaws of the issuing corporation [at the time an acquisition is completed, control shares are subject to redemption by the issuing corporation, for not more than] in effect on the 10th day following the acquisition of a controlling interest by an acquiring person, the issuing corporation may call for redemption of not less than all the control shares at the average price paid for the control shares, [at any time within 60 days after the acquisition is completed if an] if:
(a) An offerors statement is not delivered with respect to the acquisition as provided in NRS 78.3789 [.] on or before the 10th day after the acquisition of the control shares; or
[2. If an]
(b) An offerors statement is delivered, [control shares are subject to redemption only if] but the control shares are not accorded full voting rights by the stockholders.
2. The issuing corporation shall call for redemption within 30 days after the occurrence of the event prescribed in paragraph (a) or (b) of subsection 1, and the shares must be redeemed within 60 days after the call.
Sec. 12. NRS 78.3793 is hereby amended to read as follows:
78.3793 1. [If] Unless otherwise provided in the articles of incorporation or the bylaws of the issuing corporation in effect on the 10th day following the acquisition of a controlling interest by an acquiring person, if the control shares are accorded full voting rights pursuant to NRS 78.378 to 78.3793, inclusive, [the] and the acquiring person has acquired control shares with a majority or more of all the voting power, any stockholder of record, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares is entitled to demand payment for the fair value of his shares.
κ1989 Statutes of Nevada, Page 878 (CHAPTER 410, AB 659)κ
the control shares are accorded full voting rights pursuant to NRS 78.378 to 78.3793, inclusive, [the] and the acquiring person has acquired control shares with a majority or more of all the voting power, any stockholder of record, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares is entitled to demand payment for the fair value of his shares.
2. The board of directors of the issuing corporation shall, within 20 days [thereafter,] after the vote of the stockholders authorizing voting rights for the control shares, cause a notice to be sent to [all stockholders advising them] any stockholder, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares, advising him of the fact and of [their] his right to receive fair value for [their] his shares as provided in subsection [2.
2.] 3.
3. Within 20 days after the mailing of the notice described in subsection [1,] 2, any stockholder of the corporation , other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares, may deliver to the principal office of the corporation a written demand that the corporation purchase, for fair value, all or any portion of his shares. The corporation shall comply with the demand within 30 days after its delivery.
Sec. 13. NRS 78.385 is hereby amended to read as follows:
78.385 1. Any corporation having capital stock may [, from time to time, when and as desired,] amend its [certificate or] articles of incorporation in any or all of the following respects:
(a) By addition to its corporate powers and purposes, or diminution thereof, or both.
(b) By substitution of other powers and purposes, in whole or in part, for those prescribed by its [certificate or] articles of incorporation.
(c) By increasing, decreasing or reclassifying its authorized capital stock, by changing the number, par value designations, preferences, or relative, participating, optional or other rights, or the qualifications, limitations or restrictions of such rights, of its shares, or of any class or series of any class thereof whether or not the [same be] shares are outstanding at the time of the amendment, or by changing shares with par value, whether or not the [same be] shares are outstanding at the time of the amendment, into shares without par value or by changing shares without par value, whether or not the [same be] shares are outstanding at the time of the amendment, into shares with par value, either with or without increasing or decreasing the number of shares, and upon such basis as may be set forth in the certificate of amendment; but the capital of the corporation [shall] must not be decreased except in the manner provided in NRS 78.410 to 78.445, inclusive.
(d) By changing the name of the corporation.
(e) By making any other change or alteration in its [certificate or] articles of incorporation that may be desired.
2. Any and all such changes or alterations may be effected by one certificate of amendment; but any [certificate or] articles of incorporation so amended, changed or altered, [shall] may contain only such provisions as it would be lawful and proper to insert in an original [certificate or] articles of incorporation, pursuant to NRS 78.035 [,] and 78.037, executed, acknowledged and filed at the time of making [such] the amendment.
κ1989 Statutes of Nevada, Page 879 (CHAPTER 410, AB 659)κ
incorporation, pursuant to NRS 78.035 [,] and 78.037, executed, acknowledged and filed at the time of making [such] the amendment.
3. Whenever issued shares having par value are changed into the same or a greater or lesser number of shares without par value, whether of the same or a different class or classes of shares, the aggregate amount of the capital of the corporation represented by such shares without par value [shall] must be the same as the aggregate amount of capital represented by the shares so changed . [; and whenever] Whenever issued shares without par value are changed into other shares without par value to a greater or lesser number, whether of the same or of a different class or classes, the amount of capital represented by the new shares in the aggregate [shall] must be the same as the aggregate amount of capital represented by the shares so changed.
Sec. 14. NRS 78.415 is hereby amended to read as follows:
78.415 1. Any reduction of capital, except a reduction effected by the redemption, purchase, retirement or conversion of shares subject to redemption, purchase or retirement, or entitled to conversion rights, may be authorized only by resolution of the board of directors approved by the vote [or written consent] of the holders of a majority of the outstanding shares regardless of limitations or restrictions on voting rights , [;] provided:
(a) That if any such proposed reduction would adversely affect any class or series of outstanding shares, then [such] the reduction must also be approved by the vote [or written consent] of the holders of a majority of the outstanding shares of each class or series so affected by [such] the amendment regardless of limitations or restrictions on the voting power thereof; and
(b) That [it shall be lawful to make provision in the certificate or] a provision may be included in the articles of incorporation [, or an amendment thereof,] requiring a larger vote of stockholders than that required by the [foregoing] provisions of this [section.] subsection.
2. Different series of the same class of shares shall not be deemed to constitute different classes or shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.
3. The resolution [shall] must set forth the amount of reduction of capital and the method by which outstanding shares [shall] will be adjusted to the new capital, if [any such] an adjustment is necessary. Unless otherwise provided in the resolutions authorizing the reduction of capital and the adjustment of shares, or in the [certificate] articles of incorporation, no action taken by any corporation under the provisions of this section [shall operate] operates as a reduction of the number of shares of the corporation which the corporation is authorized to have outstanding, and other shares may be issued in lieu of shares so purchased, redeemed or retired , [;] provided:
(a) That the maximum number of shares authorized in the certificate of incorporation as then amended [shall] must not be exceeded; and
(b) That the issuance of the shares [shall be] is subject in all respects to the provisions of NRS 78.210 and 78.215.
4. A certificate setting forth the resolution and stating its adoption by the board of directors and approval by the stockholders [shall] must be made and [shall be] signed by the president or a vice president and the secretary or an assistant secretary, and [shall be] acknowledged before a person authorized by the laws of this state to take acknowledgments of deeds.
κ1989 Statutes of Nevada, Page 880 (CHAPTER 410, AB 659)κ
assistant secretary, and [shall be] acknowledged before a person authorized by the laws of this state to take acknowledgments of deeds.
5. The certificate so executed and acknowledged [shall] must be filed in the office of the secretary of state and upon such filing the capital of the corporation [shall] must thereby be so reduced, and to the extent that any such reduction in capital affects the amendment of the articles of incorporation, the [same] articles of incorporation shall be deemed to be amended accordingly. A copy of the certificate, [duly] certified by the secretary of state, [shall] must be filed in the office of the county clerk of the county wherein the corporation maintains its principal office.
Sec. 15. NRS 78.420 is hereby amended to read as follows:
78.420 Whenever any reduction of capital is effected by the redemption, purchase, retirement or conversion of shares subject to redemption, purchase or retirement or entitled to conversion rights, the votes [or consents] of stockholders [shall not be] are not required to effect such reduction of capital or any amendment of the articles of incorporation thereby effected, but may be authorized by resolutions of the board of directors and by the filing of a certificate in the same manner as provided in NRS 78.415. The certificate [shall] must set forth the resolution of the board of directors and [shall] state that the reduction of capital and any amendment of the articles of incorporation thereby effected was made without the requirement of any vote [or consent] of stockholders pursuant to this section.
Sec. 16. NRS 78.455 is hereby amended to read as follows:
78.455 The directors, or a majority of them, of each corporation desiring to merge or consolidate, may [enter into] authorize an agreement [signed by them,] prescribing the terms and conditions of merger or consolidation, the mode of carrying the merger or consolidation into effect, and the manner of converting the shares of each of the constituent corporations into shares or other securities of the corporation surviving or resulting from the merger or consolidation. If any shares of any of the constituent corporations are not to be converted solely into shares or other securities of the surviving or resulting corporation, the agreement must specify the cash, property, rights or securities of any other corporation which the holders of such shares are to receive in exchange for, or upon the conversion of, such shares and the surrender of any certificates evidencing them which may be in addition to or in lieu of the shares or other securities of the surviving or consolidated corporation.
Sec. 17. NRS 78.460 is hereby amended to read as follows:
78.460 1. If the agreement [be] is for a merger, it [shall] must state any matters with respect to which the certificate or articles of incorporation of the surviving corporation are to be amended, and the certificate or articles of incorporation shall be deemed to be amended accordingly upon the [filing of the agreement in the office of the secretary of state.] effective date of the merger.
2. If the agreement [be] is for a consolidation, it [shall] must state the matters required or permitted by NRS 78.035 to be set forth in a certificate or articles of incorporation, and such statements shall be deemed to be the certificate or articles of incorporation of the consolidated corporation, upon the [filing of the agreement in the office of the secretary of state.] effective date of the consolidation.
κ1989 Statutes of Nevada, Page 881 (CHAPTER 410, AB 659)κ
Sec. 18. NRS 78.465 is hereby amended to read as follows:
78.465 1. The agreement may state as the amount of capital of the surviving or consolidated corporation, as the case may be, any amount not less than:
(a) The aggregate par value of the shares having par value of the surviving or consolidated corporation to be distributed in place of the shares of the constituent corporations issued and outstanding immediately before the [time when the agreement] merger or consolidation becomes effective as provided in NRS 78.470, including also, in the case of a merger in which shares of the surviving corporation with par value outstanding immediately before the effective date of the merger are, by the terms of the agreement, thereafter to remain outstanding, the amount of capital represented by such shares; and
(b) The amount of capital represented by the shares without par value of the surviving or consolidated corporation to be distributed in place of shares of the constituent corporations issued and outstanding immediately before the [time when the agreement] merger or consolidation becomes effective as provided in NRS 78.470, including also, in the case of a merger in which shares of the surviving corporation without par value outstanding immediately before the effective date of the merger are, by the terms of the agreement, thereafter to remain outstanding, the amount of capital represented by such shares.
2. The agreement may provide than any given portion of the surplus appearing on the books of the constituent corporations, whatever their nature or origin may be, must to the extent to which the surplus is not capitalized by the issue of shares of the surviving or consolidated corporation or otherwise, be entered as surplus on the books of the surviving or consolidated corporation and all such surplus must thereafter be dealt with as surplus available for dividends and for other corporate purposes. If the agreement so provides, any portion of the surplus so entered on the books of the surviving or consolidated corporation must be of the same character as it was on the books of the constituent corporations.
3. The agreement may also provide that any given portion of the deficit appearing on the books of the constituent corporations, to the extent to which the deficit is not eliminated, must be entered as a deficit on the books of the surviving or consolidated corporations and thereafter be treated as such.
Sec. 19. NRS 78.470 is hereby amended to read as follows:
78.470 1. Except as otherwise provided in subsection 3, the agreement must be submitted to the stockholders of each constituent corporation at a meeting thereof, called for the purpose of considering and taking action upon the agreement. Notice of the time, place and object of each meeting must be given in the manner required by NRS 78.370 to each stockholder of each of the constituent corporations.
2. Except as otherwise provided in subsection 3, at each meeting the agreement must be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the agreement. The agreement must be approved by the votes of stockholders representing a majority of the shares entitled to vote thereon of each constituent corporation unless stockholders of a class of shares of a constituent corporation are entitled to vote thereon as a class. If stockholders of a class of shares of a constituent are so entitled, the agreement must be approved by the votes of stockholders representing a majority of the shares of each class entitled to vote thereon as a class and representing the total shares entitled to be voted.
κ1989 Statutes of Nevada, Page 882 (CHAPTER 410, AB 659)κ
agreement must be approved by the votes of stockholders representing a majority of the shares of each class entitled to vote thereon as a class and representing the total shares entitled to be voted. Stockholders of a class of shares of any constituent corporation are entitled to vote as a class if the agreement contains a provision that, if contained in a proposed amendment to its articles of incorporation, would entitle those stockholders to vote as a class. The secretary or assistant secretary of each constituent corporation must certify the approval of the agreement and attach the certification to the agreement.
3. Unless required by its certificate or articles of incorporation, no vote of stockholders of a constituent corporation surviving a merger is necessary to authorize a merger if:
(a) The agreement does not amend in any respect the certificate or articles of incorporation of the constituent corporation;
(b) Each treasury share or share of stock of the constituent corporation outstanding immediately before the effective date of the merger is to be an identical outstanding or treasury share of the surviving corporation after the effective date of the merger; and
(c) Either no shares of common stock of the surviving corporation and no shares, securities or obligations convertible into such stock are to be issued or delivered under the plan of merger, or the authorized unissued shares or the treasury shares of common stock of the surviving corporation to be issued or delivered under the plan of merger plus those initially issuable upon conversion of any other shares, securities or obligations to be issued or delivered under such plan do not exceed 20 percent of the shares of common stock of the constituent corporation outstanding immediately before the effective date of the merger.
If an agreement is adopted by the constituent corporation surviving the merger, by action of its board of directors and without any vote of its stockholders pursuant to this subsection, the president or vice president, and the secretary or assistant secretary of that corporation, shall certify on the agreement that the agreement has been adopted pursuant to this subsection and that, as of the date of the certification, the outstanding shares of the corporation were such as to render this subsection applicable.
4. Any constituent corporation organized under this chapter which has not issued shares of stock may merge or consolidate by the adoption by its board of directors of a resolution approving the agreement.
5. The agreement so adopted and certified must be signed by the president or vice president, and the secretary or assistant secretary or assistant secretary, of each constituent corporation, and acknowledged in the manner prescribed by NRS 111.270 by the president or vice president of each constituent corporation, before a person authorized by the laws of this state to take acknowledgments of deeds . [, to be the respective act, deed and agreement of each constituent corporation.]
6. The agreement so certified and acknowledged must be filed in the office of the secretary of state, and [then] shall be deemed to be the agreement and act of merger or consolidation of the constituent corporations. Unless a later effective date is specified in the agreement, the merger or consolidation shall be deemed to be effective when the agreement is filed.
κ1989 Statutes of Nevada, Page 883 (CHAPTER 410, AB 659)κ
be deemed to be effective when the agreement is filed. The effective date must not be more than 90 days after the agreement is filed.
7. A certified copy [thereof] of the agreement is prima facie evidence of the performance of all conditions precedent to the merger or consolidation and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.
8. It is lawful to make provision in the certificate or articles of incorporation of any corporation, organized under the laws of this state, requiring a larger vote of stockholders for the approval of a merger or consolidation agreement than the vote required by the provisions of this section.
9. Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes.
Sec. 20. NRS 78.480 is hereby amended to read as follows:
78.480 1. All the constituent corporations must enter into an agreement in writing which must prescribe:
(a) The terms and conditions of the merger or consolidation.
(b) The mode of carrying the merger or consolidation into effect.
(c) The manner of converting the shares of each of the constituent corporations into shares or other securities of the corporation surviving or resulting from the merger or consolidation and the other consideration which the holders of shares in the constituent corporations may receive in exchange for, or upon the conversion of, those shares, or the certificates evidencing them which may be in addition to or in lieu of shares or other securities of the surviving or consolidated corporation.
(d) Such other details and provisions as are deemed necessary or proper, including, [but] without limitation, any of the provisions permitted by NRS 78.455, 78.460 and 78.465.
2. The agreement must also set forth such other facts as are required in certificates of incorporation by the laws of the state or foreign county, which are stated in the agreement to be the laws that govern the surviving or consolidated corporation and that can be stated in the case of a consolidation or merger.
3. If the agreement is for a merger and the surviving corporation is a corporation organized under the laws of this state, the agreement must state any matters with respect to which the certificate or articles of incorporation of the surviving corporation are to be amended, and the certificate or articles of incorporation shall be deemed to be amended accordingly upon the [filing of the agreement in the office of the secretary of state.] effective date of the merger.
4. If the agreement is for a consolidation and the consolidated corporation is to be governed by the laws of this state, the agreement must state the matters required or permitted by NRS 78.035 to be set forth in a certificate or articles of incorporation, and such statements shall be deemed to be the certificate or articles of incorporation of the consolidated corporation upon the [filing of the agreement in the office of the secretary of state.] effective date of the consolidation.
Sec. 21. NRS 78.485 is hereby amended to read as follows:
78.485 1. The agreement [shall] must be authorized, adopted, approved, signed and acknowledged by each of the constituent corporations in accordance with the laws under which it is formed and, in the case of a corporation organized under the laws of this state, in the manner provided in NRS 78.455, 78.460, 78.465 and 78.470.
κ1989 Statutes of Nevada, Page 884 (CHAPTER 410, AB 659)κ
in accordance with the laws under which it is formed and, in the case of a corporation organized under the laws of this state, in the manner provided in NRS 78.455, 78.460, 78.465 and 78.470.
2. The agreement so authorized, adopted, approved, signed and acknowledged [shall] must be filed in the office of the secretary of state and [the agreement shall thenceforth be taken and] shall be deemed to be the agreement and act of merger or consolidation of the constituent corporations for all purposes of the laws of this state. Unless a later effective date is specified in the agreement, the merger or consolidation shall be deemed to be effective when the agreement is filed. The effective date must not be more than 90 days after the agreement is filed.
3. A certified copy [thereof shall be] of the agreement is prima facie evidence of the performance of all conditions precedent to [such] the merger or consolidation, and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.
Sec. 22. NRS 78.486 is hereby amended to read as follows:
78.486 1. If at least 90 percent of the outstanding shares of each class of the stock of a corporation or corporations is owned by another corporation, and one of [such] the corporations is a corporation of this state and the other or others are corporations of this state or are organized under the laws of a jurisdiction whose laws permit such a merger, whether or not the jurisdiction is one of the United States, the corporation having such stock ownership may either merge the other corporation or corporations into itself and assume all of its or their obligations, or merge itself, or itself and one or more of the other corporations, into one of the other corporations by filing with the secretary of state a certificate of such ownership and merger, setting forth a copy of the resolution of its board of directors to merge and the date of the adoption thereof. Unless a later effective date is specified in the certificate, the merger or consolidation shall be deemed to be effective when the certificate is filed. The effective date must not be more than 90 days after the certificate is filed. The certificate must be signed by its president or a vice president and its secretary or treasurer, and acknowledged [by its president or a vice president before a person, authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, to be the act and deed of the parent corporation.] in the manner prescribed by NRS 111.270.
2. If any of the corporations is organized under the laws of a jurisdiction other than one of the United States or the District of Columbia, it is a further condition of merger under this section that the surviving corporation be a corporation of this state.
3. If the parent corporation does not own all the outstanding stock of all the subsidiary corporations which are parties to a merger pursuant to this section, the resolution of the board of directors of the parent corporation must state the terms and conditions of the merger, including the securities, cash or other property to be issued, paid or delivered by the surviving corporation upon surrender of each share of the subsidiary corporation or corporations not owned by the parent corporation.
4. If the parent corporation is not the surviving corporation, the resolution must include provision for the pro rata issuance of stock of the surviving corporation to the holders of the stock of the parent corporation on surrender of any certificates therefor, and the certificate of ownership and merger must state that the proposed merger has been approved by the holders of a majority of the stock of the parent corporation at a meeting of its stockholders called and held after 20 days notice of the purpose of the meeting mailed to each of its stockholders at his address as it appears on the records of the corporation.
κ1989 Statutes of Nevada, Page 885 (CHAPTER 410, AB 659)κ
corporation to the holders of the stock of the parent corporation on surrender of any certificates therefor, and the certificate of ownership and merger must state that the proposed merger has been approved by the holders of a majority of the stock of the parent corporation at a meeting of its stockholders called and held after 20 days notice of the purpose of the meeting mailed to each of its stockholders at his address as it appears on the records of the corporation.
Sec. 23. NRS 78.495 is hereby amended to read as follows:
78.495 1. When an agreement of merger or consolidation, or a certificate of ownership and merger, has been signed, acknowledged and filed, as required by this chapter, and the merger or consolidation has become effective, for all purposes of the laws of this state the separate existence of all the constituent corporations, except that of the surviving corporation in case of merger, [shall cease,] ceases, and the constituent corporations [shall thereupon be merged] thereupon merge into the surviving corporation, in the case of merger, or [shall become] become the consolidated corporation, in the case of consolidation, and [shall possess] possess all the rights, privileges, powers and franchises as well of a public as of a private nature, and [be] are subject to all the restrictions, disabilities and duties of each of the constituent corporations so merged or consolidated, and all and singular, the rights, privileges, powers and franchises of each of the constituent corporations, and all property, real, personal and mixed, and all debts due to any of the constituent corporations on whatever account, as well for stock subscriptions as all other things in action or belonging to each of the constituent corporations, [shall be] are vested in the surviving or consolidated corporation.
2. All property, rights, privileges, powers and franchises, and [all and] every other interest [shall be] is thereafter as effectually the property of the surviving or consolidated corporation as they were of the several and respective constituent corporations, and the title to any real or personal property, whether by deed or otherwise, vested in any of the respective constituent corporations, and the title to any real or personal property, whether by deed or otherwise, vested in any of the constituent corporations, [shall] does not revert or [be] is in any way impaired by reason [hereof; provided:] of the merger or consolidation, except:
(a) That all rights of creditors and all liens upon any property of any of the constituent corporations [shall be] are preserved unimpaired, limited in lien to the property affected by such liens immediately [prior to] before the time of the merger or consolidation, and all debts, liabilities and duties of the respective constituent corporations [shall] thenceforth attach to the surviving or consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it; and
(b) That the directors of any or all of the constituent corporations may, in their discretion, abandon [such] the merger or consolidation subject to the right of third parties under any contracts relating thereto, without further action or approval by the stockholders of their respective corporation or corporations, at any time before the merger or consolidation becomes effective as provided by the laws of the states governing the respective constituent corporations and the surviving or consolidated corporation.
κ1989 Statutes of Nevada, Page 886 (CHAPTER 410, AB 659)κ
Sec. 24. NRS 78.505 is hereby amended to read as follows:
78.505 In the case of a merger or consolidation pursuant to the provisions of this chapter, if any stockholder of any constituent corporation [shall vote] votes against the agreement and [shall, at or prior to] , at or before the taking of the vote thereon, [object] objects thereto in writing, and [if such stockholder shall] the stockholder also, within 20 days after the date on which the agreement is filed as provided in this chapter, [demand] demands in writing from the surviving or consolidated corporation payment of his shares, the surviving or consolidated corporation shall, within 30 days [thereafter, pay to such] after the demand, or upon the effective date of the merger or consolidation, whichever is later, pay to the stockholder the fair cash value of his shares as of the day before the vote on the agreement of merger or consolidation was taken exclusive of any element of value arising from the expectation or accomplishment of the merger or consolidation.
Sec. 25. NRS 78.507 is hereby amended to read as follows:
78.507 [If all of the stock of a subsidiary Nevada corporation party to a merger effected under NRS 78.486] In the case of:
1. A merger or consolidation, if no meeting of the stockholders is held; or
2. A merger effected under NRS 78.486, if all of the stock of the subsidiary Nevada corporation is not owned by the parent corporation immediately [prior to] before the merger,
the surviving corporation shall, within 10 days after the effective date of the merger [,] or consolidation, notify each stockholder of [such Nevada] each constituent corporation that the merger or consolidation has become effective. The notice [shall] must be sent by certified or registered mail, return receipt requested, addressed to the stockholder at his address as it appears on the records of the corporation. Any such stockholder may, within 20 days after the date of mailing of the notice, demand in writing from the surviving or consolidated corporation payment of the value of his stock and the surviving or consolidated corporation shall, within 30 days after receiving the demand, pay to such stockholder the fair cash value of his stock exclusive of any element of value arising from the expectation or accomplishment of the merger [.] or consolidation.
Sec. 26. NRS 78.565 is hereby amended to read as follows:
78.565 Every corporation may, by action taken at any meeting of its board of directors, sell, lease or exchange all of its property and assets, including its good will and its corporate franchises, upon such terms and conditions as its board of directors may deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power given at a stockholders meeting called for that purpose in the manner provided in NRS 78.370, [or when authorized by the written consent of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power;] provided:
1. That the certificate or articles of incorporation may require the vote [or written consent] of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders; and
2. That unless the certificate or articles of incorporation, or an amendment thereof, [shall] provide otherwise, no vote [or consent] of stockholders [shall be] is necessary for a transfer of assets by way of mortgage, or in trust or in pledge to secure indebtedness of the corporation.
κ1989 Statutes of Nevada, Page 887 (CHAPTER 410, AB 659)κ
be] is necessary for a transfer of assets by way of mortgage, or in trust or in pledge to secure indebtedness of the corporation.
________
Assembly Bill No. 320Committee on Ways and Means
CHAPTER 411
AN ACT relating to real property; specifying the manner of distribution of the proceeds of a foreclosure sale; and providing other matters properly relating thereto.
[Approved June 21, 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. Except as otherwise provided by specific statute, this section governs the distribution of the proceeds of a foreclosure sale. The provisions of NRS 40.455, 40.457 and 40.459 do not affect the right to receive those proceeds, which vests at the time of the foreclosure sale. The purchase of any interest in the property at the foreclosure sale, and the subsequent disposition of the property, does not affect the right of the purchaser to the distribution of proceeds pursuant to paragraph (c) of subsection 2 of this section, or to obtain a deficiency judgment pursuant to NRS 40.455, 40.457 and 40.459.
2. The proceeds of a foreclosure sale must be distributed in the following order of priority:
(a) Payment of the reasonable expenses of taking possession, maintaining, protecting and leasing the property, the costs and fees of the foreclosure sale, including reasonable trustees fees, applicable taxes and the cost of title insurance and, to the extent provided in the legally enforceable terms of the mortgage or lien, any advances, reasonable attorneys fees and other legal expenses incurred by the foreclosing creditor and the person conducting the foreclosure sale.
(b) Satisfaction of the obligation being enforced by the foreclosure sale.
(c) Satisfaction of obligations secured by any junior mortgages or liens on the property, in their order of priority.
(d) Payment of the balance of the proceeds, if any, to the debtor or his successor in interest.
If there are conflicting claims to any portion of the proceeds, the person conducting the foreclosure sale is not required to distribute that portion of the proceeds until the validity of the conflicting claims is determined through interpleader or otherwise to his satisfaction.
3. A person who claims a right to receive the proceeds of a foreclosure sale pursuant to paragraph (c) of subsection 2 must, upon the written demand of the person conducting the foreclosure sale, provide:
(a) Proof of the obligation upon which he claims his right to the proceeds; and
κ1989 Statutes of Nevada, Page 888 (CHAPTER 411, AB 320)κ
(b) Proof of his interest in the mortgage or lien, unless that proof appears in the official records of a county in which the property is located.
Such a demand is effective upon personal delivery or upon mailing by registered or certified mail, return receipt requested, to the last known address of the claimant. Failure of a claimant to provide the required proof within 15 days after the effective date of the demand waives his right to receive those proceeds.
4. As used in this section, foreclosure sale means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustees power of sale pursuant to NRS 107.080.
Sec. 2. NRS 40.430 is hereby amended to read as follows:
40.430 1. Except as otherwise provided in chapter 104 of NRS, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage, deed of trust or lien upon real estate. That action must be in accordance with the provisions of this section and NRS 40.440 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court may, by its decree or judgment, direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale [to the payment of the costs and the expenses of the sale, the costs of the suit, and the amount due the plaintiff.] as provided in section 1 of this act. An action or proceeding in another jurisdiction which is necessary or appropriate under the laws of that jurisdiction for a creditor to collect upon collateral of real or personal property located outside this state is not an action within the meaning of this section.
2. A sale directed by the court pursuant to subsection 1 must be conducted by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sale to be conducted in one of the counties by the sheriff of that county with like proceedings and effect as if the whole of the encumbered land were situated in that county.
Sec. 3. NRS 40.440 is hereby amended to read as follows:
40.440 If there [be] is surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it [,] pursuant to section 1 of this act, and in the meantime may direct it to be deposited in court.
________
κ1989 Statutes of Nevada, Page 889κ
Assembly Bill No. 336Committee on Judiciary
CHAPTER 412
AN ACT relating to peace officers; expanding the time within which certain personnel of the Nevada highway patrol may exercise police powers; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables and their deputies when carrying out their official duties;
4. Personnel of the Nevada highway patrol [when exercising] appointed to exercise the police powers specified in NRS 481.150 and 481.180;
5. Marshals and policemen of cities and towns; and
6. Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.
Sec. 2. 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] appointed to exercise the police powers specified in NRS 481.150 and 481.180;
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 and 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;
κ1989 Statutes of Nevada, Page 890 (CHAPTER 412, AB 336)κ
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. 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
28. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
Sec. 3. NRS 481.150 is hereby amended to read as follows:
481.150 1. The chief of the Nevada highway patrol is the chief officer of the Nevada highway patrol and has the powers and duties provided in NRS 481.180, which must be performed under the direction and supervision of the director.
2. When requested by the governor to preserve order, protect life or property and enforce the laws of this state, the chief may [use] appoint such personnel of the Nevada highway patrol as may be necessary for that purpose. When so [acting,] appointed, the personnel have the powers of peace officers [.] specified in NRS 481.150 and 481.180. Their salaries and expenses incidental to those operations must be paid out of appropriations for the department from the state general fund.
κ1989 Statutes of Nevada, Page 891 (CHAPTER 412, AB 336)κ
Sec. 4. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol are:
1. To police the public highways of this state, [and] to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada [. They have the powers of peace officers:
(a) When enforcing traffic laws; and
(b) With respect to] and to enforce all other laws of this state when:
[(1)] (a) In the apprehension or pursuit of an offender or suspected offender;
[(2)] (b) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
[(3)] (c) Making arrests pursuant to a warrant in the officers possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.
3. To enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 485, 486, 487 and 706 of NRS.
4. To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
5. To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment and their transportation of hazardous materials and other cargo.
6. To maintain the repository for information concerning hazardous materials in Nevada and to carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.
7. To perform such other duties in connection with those specified in this section, as may be imposed by the director.
Sec. 5. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 892κ
Assembly Bill No. 514Assemblymen Evans, Sedway, Spinello, Dini, Swain, Humke, Carpenter, Myrna Williams, Freeman, Wisdom, Diamond and Adler
CHAPTER 413
AN ACT relating to victims of domestic violence; increasing the basic allocation of money to counties for assistance of those victims; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.450 is hereby amended to read as follows:
217.450 1. The commission on mental health and mental retardation shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.
2. The administrator of the division shall give priority to those applications from organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing such an application.
4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A [base] basic allocation of [$5,000] $7,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the [base] basic allocation is [$25,000.] $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.
(b) Any additional [revenues] revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population exceeds 14,000.
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 893κ
Assembly Bill No. 547Committee on Labor and Management
CHAPTER 414
AN ACT relating to the state industrial insurance system; clarifying the role of the state treasurer with regard to the state insurance fund; requiring that certain administrative fines be deposited in the fund for workers compensation and safety; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.425 is hereby amended to read as follows:
616.425 1. Except as otherwise provided in subsection [4,] 3, all premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the system pursuant to the terms of this chapter:
(a) Must be credited on the records of the system to the state insurance fund.
(b) Constitute, for the purpose of custody thereof, the state insurance fund, which must be held by the manager as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. The manager is liable on his official bond for the faithful performance of his custodial duty.
2. [The manager shall deliver from the state insurance fund to the custody of the state treasurer such money as is deemed by the system necessary to maintain an adequate balance in the state insurance fund deposit account, which is hereby created for the transaction of the ordinary business and functions of the system, including compensation.
3.] The commissioner or the administrator may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to NRS 616.294, 616.2945 or 616.647, impose and collect administrative fines [therefor] pursuant to those sections and deposit the money [therefrom] in the [state insurance fund.] fund for workers compensation and safety.
[4.] 3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [3] 2 and the commissioner or the administrator deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, he may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 2. NRS 616.435 is hereby amended to read as follows:
616.435 1. All disbursements from the state insurance fund must be paid by [the state treasurer upon warrants or vouchers of the system] checks authorized and executed by the manager pursuant to chapter 351 of NRS . [(Uniform Facsimile Signatures of Public Officials Act). The state treasurer is liable on his official bond for the faithful performance of his duty as custodian of the state insurance fund deposit account.] The State of Nevada is not liable for the payment of any compensation or any salaries or expenses in the administration of this chapter, [except from the state insurance fund deposit account,] but is responsible for the safety and preservation of the state insurance fund.
κ1989 Statutes of Nevada, Page 894 (CHAPTER 414, AB 547)κ
account,] but is responsible for the safety and preservation of the state insurance fund.
2. A sum of $200,000 in the aggregate may be regularly maintained on deposit by the system in all the collection depositary banks. An account kept currently on deposit must be used for the transaction of the ordinary business and functions of the system, including compensation. The account must be a trust account, and must not be removed or drawn upon except on checks or drafts of the system authorized and executed by the manager pursuant to chapter 351 of NRS . [(Uniform Facsimile Signatures of Public Officials Act), and must be made payable to the state treasurer for the state insurance fund deposit account.]
3. The system shall authorize disbursements from the state insurance fund to provide all benefits provided for in this chapter.
Sec. 3. The state controller shall transfer all money remaining in the state insurance fund deposit account on July 1, 1989, to the state insurance fund.
Sec. 4. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 569Committee on Commerce
CHAPTER 415
AN ACT relating to pharmacy; making various changes to the fees charged by the state board of pharmacy; revising the educational requirements for registered pharmacists; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.125 is hereby amended to read as follows:
639.125 1. For the purpose of subsection 4 of NRS 639.120, a year of practical pharmaceutical experience [shall] must consist of not less than 1,500 hours, of which not more than 500 hours may be obtained in a structured clinical program of an accredited college of pharmacy and not less than 1,000 hours are performed in a pharmacy under the direct and immediate supervision of a pharmacist.
2. Such experience [shall] may not be accepted unless the applicant [had previously successfully completed at least 1 year in a college or department of pharmacy approved by the American Council on Pharmaceutical Education.] has completed sufficient educational requirements as established by the board.
3. Such experience [shall] must relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.
4. The board may, in its discretion, accept evidence of compliance with the requirements of subsection 4 of NRS 639.120 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this state.
κ1989 Statutes of Nevada, Page 895 (CHAPTER 415, AB 569)κ
of other states in which the experience requirement is equivalent to the requirements in this state.
Sec. 2. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
Actual cost
For the examination of an applicant for registration as a pharmacist of the
examination
For the investigation [and examination] or registration of an applicant [for certificate] as a registered pharmacist......................................... $200
For the investigation , [and] examination or registration of an applicant [for certificate] as a registered pharmacist by reciprocity............... [150] 300
For the investigation or issuance of an original license to conduct a retail pharmacy......................................................................................... [400] 600
For the biennial renewal of a license to conduct a retail pharmacy [300]............................................................................................................ 500
For the investigation or issuance of an original license to conduct an institutional pharmacy................................................................... [400] 600
For the biennial renewal of a license to conduct an institutional pharmacy ............................................................................................................ [300] 500
For the issuance of an original or duplicate certificate of registration as a registered pharmacist..................................................................... 50
For the biennial renewal of [certificate of] registration as a registered pharmacist....................................................................................... [100] 200
For the reinstatement of a lapsed [certificate of] registration (in addition to the fees for renewal for the period of lapse)..................................... [50
For issuance of duplicate certificate of registration........................ 25] 100
For the initial registration of a hospital pharmaceutical technician ............................................................................................................ 50
For the biennial renewal of registration of a hospital pharmaceutical technician......................................................................................... [10] 50
For the investigation or registration of an intern pharmacist..... 50
For the biennial renewal of registration as an intern pharmacist ............................................................................................................ 40
For investigation or issuance of [manufacturers or wholesalers permit] an original license to a manufacturer or wholesaler................... [100] 500
For the biennial renewal of [permit] a license for a manufacturer or wholesaler ............................................................................................................ [200] 400
For the investigation or issuance of [permit] a license to vend, sell, offer to sell or furnish any hypodermic device............................................... [25] 150
For biennial renewal of [permit] a license to vend, sell, offer to sell or furnish any hypodermic device................................................................. [50] 100 For the reissuance of a license issued to [retail] a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon..................................................... [25] 100
κ1989 Statutes of Nevada, Page 896 (CHAPTER 415, AB 569)κ
For the reissuance of a license issued to [retail] a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon............................... [25] 100
For the biennial renewal of [a certificate of] registration issued to a registered pharmacist placed on inactive status.......................................... [50] 100
For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both............................................................... 300
For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both................... 300
2. If a person requests a special service from the board or requests the board to convene a special meeting, he [shall] must pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.
3. All fees are payable in advance and [must not be refunded.] are not refundable.
4. The board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.
Sec. 3. NRS 639.180 is hereby amended to read as follows:
639.180 1. A certificate as a registered pharmacist must be issued to each person who the board determines is qualified under the provisions of NRS 639.120, 639.133 and 639.134. The certificate entitles the person to whom it is issued to practice pharmacy in this state.
2. Each person to whom this certificate has been issued may, if his certificate has not been revoked, renew his certificate biennially upon making application and paying the renewal fee and complying with the requirement of continuing professional education if applicable.
3. The application for the renewal of this certificate, together with the fee for renewal must be delivered to the secretary of the board on or before the [1st] first Monday in September next preceding the expiration date of any existing valid certificate or receipt.
4. If a certificate is renewed, it must be dated as of November 1, and delivered to the applicant on or before that date.
5. The board may refuse to renew a certificate if the applicant has committed any act proscribed by NRS 639.210.
6. The board may prorate the required fee for periods of partial biennial registration.
________
κ1989 Statutes of Nevada, Page 897κ
Assembly Bill No. 629Assemblymen Brookman, Sedway, Sader, Bergevin, Myrna Williams, Jeffrey, Callister, Thompson, Gibbons, Marvel and Bogaert
CHAPTER 416
AN ACT relating to crimes; prohibiting harassment; prohibiting a person from damaging or defacing certain property; providing penalties; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. A person who is guilty of harassment:
(a) For the first offense is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
Sec. 3. Harassment shall be deemed to have been committed where the conduct occurred or at the place from which the threat was made or at the place where the threat was received.
Sec. 4. 1. If a defendant charged with a crime involving harassment is released from custody before trial or is found guilty at the trial, the court may issue an order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged offense and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged offense and any other person, including a member of the family or the household of the victim, specifically named by the court.
2. Any person who intentionally violates a court order issued pursuant to subsection 1 is guilty of a gross misdemeanor.
κ1989 Statutes of Nevada, Page 898 (CHAPTER 416, AB 629)κ
3. A court order issued pursuant to this section must:
(a) Be in writing; and
(b) Contain the warning that violation of the order is a gross misdemeanor.
4. Any law enforcement agency in this state may enforce a court order issued pursuant to this section.
Sec. 5. 1. The prosecuting attorney in any trial brought against a person on a charge of harassment shall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order or provides a condition of his sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.
Sec. 6. Chapter 206 of NRS is hereby amended by adding thereto a new section to read as follows:
Unless a greater penalty is provided by law, a person who knowingly vandalizes, defaces or otherwise damages:
1. Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;
2. Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;
3. Any school, educational facility or community center;
4. The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subsection 1, 2 or 3; or
5. Any personal property contained in any institution, facility, building, structure or place described in subsection 1, 2 or 3,
is guilty of a gross misdemeanor.
Sec. 7. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
Unless a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin or sexual orientation of another person or group of persons, violates any provisions of NRS 200.471, 200.481, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200, 207.210 or section 2 of this act is guilty of a gross misdemeanor.
Sec. 8. NRS 83.130 is hereby amended to read as follows:
83.130 1. [Any person shall be guilty of a misdemeanor
who shall:] Unless a greater penalty is provided by section 6 of this act, a person who:
(a) Willfully [destroy, mutilate, deface, injure or remove] destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone, building or other structure placed in any cemetery of any association incorporated under this chapter ; [.]
(b) Willfully [destroy, mutilate, deface, injure or remove] destroys, mutilates, defaces, injures or removes any fence, railing or other work for the protection or ornament of any cemetery of any association incorporated under this chapter, or any tomb, monument, gravestone, or any structure, plat or lot within [such cemetery.]
κ1989 Statutes of Nevada, Page 899 (CHAPTER 416, AB 629)κ
this chapter, or any tomb, monument, gravestone, or any structure, plat or lot within [such cemetery.] the cemetery; or
(c) Willfully [destroy, cut, break or injure] destroys, cuts, breaks or injures any tree, shrub or plant within the limits of any cemetery of any association incorporated under this chapter [.] ,
is guilty of a misdemeanor.
2. An offender [shall also be] is also liable in an action of trespass to be brought in all [such] cases in the name of the association, to pay all damages [as shall have been] which are occasioned by his unlawful act or acts. Any money recovered [shall] must by applied by the trustees to the reparation or restoration of the property [so] which was destroyed or injured.
Sec. 9. NRS 381.225 is hereby amended to read as follows:
381.225 1. It is unlawful for any person [or persons] to commit vandalism upon any historic or prehistoric sites, natural monuments, speleological sites and objects of antiquity, or to write or paint or carve initials or words, or in any other way deface, any [of] such objects, Indian paintings or historic buildings.
2. Unless a greater penalty is provided in section 6 of this act, a person violating the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 10. NRS 394.180 is hereby amended to read as follows:
394.180 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any private schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any private schoolhouse;
(c) To loiter on or near the school grounds;
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a private schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same; or
(e) In any manner maliciously and purposely to interfere with or disturb any persons peaceably assembled within a private schoolhouse for school purposes.
2. [Any] Unless a greater penalty is provided by section 6 of this act, any person violating any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
________
κ1989 Statutes of Nevada, Page 900κ
Assembly Bill No. 684Committee on Government Affairs
CHAPTER 417
AN ACT relating to liens upon real property; requiring the furnishing of a copy of a recorded notice of completion to a general contractor; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.228 is hereby amended to read as follows:
108.228 1. The owner may record a notice of completion as follows:
(a) Within 15 days after the completion of any work of improvement; or
(b) Within 15 days after there has been a cessation from labor thereon for a period of 30 days.
2. The notice of completion [shall] must be recorded in the office of the county recorder of the county where the property is situated and [the notice shall] must set forth:
(a) The date when the work of improvement was completed, or the date on which cessation from labor occurred first and the period of its duration.
(b) The owners name or owners names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.
(c) A description of the property sufficient for identification.
(d) The name of the contractor, if any.
3. The notice [shall] must be verified by the owner himself or by some other person on his behalf. The notice need not be acknowledged to be recorded.
4. Upon recording the notice pursuant to this section, the owner shall immediately deliver a copy of the notice, either in person or by certified mail, to any general contractor with whom the owner contracted for the work of improvement.
________
κ1989 Statutes of Nevada, Page 901κ
Assembly Bill No. 687Assemblymen Wendell Williams, Garner, Lambert, Kissam, Adler, McGinness, Triggs, Humke, Arberry, Spinello, Nevin, Gaston, Porter, Chowning, Callister, Freeman, Swain, Carpenter, Gibbons and Kerns
CHAPTER 418
AN ACT relating to education; prohibiting the termination of employment of a person who appears at a parent conference requested by a school administrator; prohibiting the termination of employment of a person for receiving certain notice of an emergency regarding his child; providing a penalty; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for an employer or his agent to:
(a) Terminate the employment of a person who, as the parent, guardian or custodian of a child:
(1) Appears at a conference requested by an administrator of the school attended by the child; or
(2) Is notified during his work by a school employee of an emergency regarding the child; or
(b) Assert to the person that his appearance or prospective appearance at such a conference or the receipt of such a notification during his work will result in the termination of his employment.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorneys fees fixed by the court.
________
κ1989 Statutes of Nevada, Page 902κ
Assembly Bill No. 735Assemblyman Callister (by request)
CHAPTER 419
AN ACT relating to the enforcement of judgments; authorizing the examination of a judgment debtor outside of court; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 18.160 is hereby amended to read as follows:
18.160 1. A judgment creditor may claim costs for one or more of the following items:
(a) Statutory fees for preparing or issuing an abstract of judgment.
(b) Statutory fees for recording, receiving or filing an abstract of judgment.
(c) Statutory fees for issuing a writ of execution, or any writ for the enforcement of any order or judgment.
(d) Statutory fees for issuing an order of sale.
(e) Statutory fees of sheriffs or constables in connection with serving, executing or levying any writ or making any return, or for keeping or caring for property held by virtue of such a writ.
(f) Costs or disbursements incurred in connection with any proceeding supplementary to execution which have been approved as to necessity, propriety and amount by the judge ordering or conducting the [same in his order upon such] proceeding.
2. A judgment creditor shall serve upon the adverse party either personally or by mail, and file at any time or times not more than 6 months after the items have been incurred and [prior to] before the time the judgment is fully satisfied, a memorandum of the items of his costs and necessary disbursements, verified by him or his attorney, stating that to the best of his knowledge and belief the items are correct, and that they have been necessarily or reasonably incurred in the action or proceeding.
3. Any party dissatisfied with the costs claimed may, within 5 days after the service of a copy of the bill of costs, file a motion to have the same taxed by the court in which the judgment was rendered, or by the judge thereof at chambers.
Sec. 2. NRS 21.270 is hereby amended to read as follows:
21.270 1. A judgment creditor, at any time after the judgment is entered , is entitled to an order from the judge of the court requiring the judgment debtor to appear and answer upon oath or affirmation concerning his property, before [the] :
(a) The judge or a master appointed by him ; or
(b) An attorney representing the judgment creditor,
at a time and place specified in the order . [, but no] No judgment debtor may be required to appear [before a judge or master] outside the county in which he resides.
2. If the judgment debtor is required to appear before any person other than a judge or master:
κ1989 Statutes of Nevada, Page 903 (CHAPTER 419, AB 735)κ
(a) His oath or affirmation must be administered by a notary public; and
(b) The proceedings must be transcribed by a court reporter or recorded electronically. The transcript or recording must be preserved for 2 years.
3. A judgment debtor who is regularly served with an order issued pursuant to this section, and who fails to appear at the time and place specified in the order, may be punished for contempt by the judge issuing the order.
Sec. 3. NRS 21.310 is hereby amended to read as follows:
21.310 Witnesses may be required to appear and testify before the judge or master [upon] conducting any proceeding under this chapter in the same manner as upon the trial of an issue.
________
Assembly Bill No. 855Committee on Judiciary
CHAPTER 420
AN ACT relating to municipal courts; clarifying that an appeal to district court from a municipal court is for a new trial; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:
The practice and proceedings in the municipal court must conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases, except than an appeal perfected transfers the action to the district court for trial anew. The municipal court must be treated and considered as a justices court whenever the proceedings thereof are called into question.
Sec. 2. NRS 5.090 is hereby amended to read as follows:
5.090 1. When an appeal of a civil or criminal case from a municipal court to a district court has been perfected and the district court has rendered a judgment on [such] appeal, the district court shall, within 10 days from the date of such judgment, give written notice to the municipal court of the district courts disposition of the appealed action.
2. When a conviction for a violation of a municipal ordinance is sustained and the fine imposed is sustained in whole or part, or a greater fine is imposed, the district court shall direct that the defendant pay the amount of the fine sustained or imposed by the district court to the city treasurer of the city [wherein] in which the municipal court from which the appeal was taken is located.
Sec. 3. The legislature hereby finds and declares that this act constitutes a clarification of existing law.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 904κ
Assembly Bill No. 862Committee on Judiciary
CHAPTER 421
AN ACT relating to crimes; requiring all employees of the department of human resources to report suspected abuse, neglect or exploitation of an older person; clarifying the time within which persons must report an instance of such abuse, neglect or exploitation; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person, he shall immediately , but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited, report his suspicion to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) Any police department or sheriffs office; or
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession, or a social worker.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
κ1989 Statutes of Nevada, Page 905 (CHAPTER 421, AB 862)κ
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee [of the welfare or aging services division] of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
3. Every physician who, as a member of the staff of a hospital or similar institution, has reason to believe that an older person has been abused, neglected or exploited shall notify the superintendent, manager or other person in charge of the institution. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
4. A report may be filed by any other person.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
________
Senate Bill No. 225Committee on Government Affairs
CHAPTER 422
AN ACT relating to taxation; clarifying the authority for the collection of the tax on transient lodging from paying guests and the responsibility for payment of the tax; clarifying the basis of the tax; requiring cities and counties to submit certain annual reports to the department of taxation; and providing other matters properly relating thereto.
[Approved June 21, 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:
On or before August 15 of each year, the board of county commissioners in each county shall submit a report to the department of taxation which states:
1. The rate of all taxes imposed on the revenues from the rental of transient lodging pursuant to NRS 244.335 and 244.3352 and any special act in the preceding fiscal year;
κ1989 Statutes of Nevada, Page 906 (CHAPTER 422, SB 225)κ
2. The total amount of revenue collected from all taxes imposed on the revenues from the rental of transient lodging pursuant to NRS 244.335 and 244.3352 and any special act in the preceding fiscal year; and
3. The manner in which the revenue was used in the previous fiscal year.
Sec. 2. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsections 2 and 3, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. The board of county commissioners may regulate all industries, occupations, professions and business in its county which involve high-level nuclear waste, including without limitation, the act of transporting the waste into or through the county by motor vehicle, railroad car or any other means, and may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state or an agency of the Federal Government has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
κ1989 Statutes of Nevada, Page 907 (CHAPTER 422, SB 225)κ
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. [All] Except as otherwise provided in section 1 of this act, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 3. NRS 244.3352 is hereby amended to read as follows:
244.3352 1. The board of county commissioners in each county shall impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging in that county upon all persons in the business of providing lodging. This tax must be imposed by the board of county commissioners in each county, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection [3.] 4.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 244.335.
3. The tax imposed pursuant to subsection 1 may be collected from the paying guests and may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the county for the tax whether or not it is actually collected from the paying guest.
4. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the county shall charge and collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the board of county commissioners, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
5. As used in this section, gross receipts from the rental of transient lodging does not include the tax imposed and collected from paying guests pursuant to this section or NRS 268.096.
Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
On or before August 15 of each year, the governing body of each city shall submit a report to the department of taxation which states:
κ1989 Statutes of Nevada, Page 908 (CHAPTER 422, SB 225)κ
1. The rate of all taxes imposed on the revenues from the rental of transient lodging pursuant to NRS 268.095 and 269.096 and any special act in the preceding fiscal year;
2. The total amount of revenue collected from all taxes imposed on the revenues from the rental of transient lodging pursuant to NRS 268.095 and 268.096 and any special act in the preceding fiscal year; and
3. The manner in which the revenue was used in the previous fiscal year.
Sec. 5. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city in the State of Nevada, whether organized under general law or special charter, may:
(a) Fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
κ1989 Statutes of Nevada, Page 909 (CHAPTER 422, SB 225)κ
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. [All] Except as otherwise provided in section 4 of this act, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any license obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
5. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 6. NRS 268.096 is hereby amended to read as follows:
268.096 1. The city council or other governing body of each incorporated city shall impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging in that city upon all persons in the business of providing lodging. This tax must be imposed by the city council or other governing body of each incorporated city, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection [3.] 4.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.
3. The tax imposed pursuant to subsection 1 may be collected from the paying guests and may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the county for the tax whether or not it is actually collected from the paying guest.
4. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and
κ1989 Statutes of Nevada, Page 910 (CHAPTER 422, SB 225)κ
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
5. As used in this section, gross receipts from the rental of transient lodging does not include the tax imposed or collected from paying guests pursuant to this section or NRS 244.3352.
Sec. 7. This act becomes effective on July 1, 1989.
________
Senate Bill No. 242Committee on Government Affairs
CHAPTER 423
AN ACT relating to campaign practices; requiring that any information or printed material relating to a campaign identify each person paying for its publication or dissemination; providing a penalty; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, it is unlawful for any person to publish any material or information relating to an election, candidate or any question on a ballot unless that material or information contains:
(a) The name and mailing or street address of each person who has paid for or who is responsible for paying for the publication; and
(b) A statement that each such person has paid for or is responsible for paying for the publication.
2. The provisions of subsection 1 do not apply:
(a) To any candidate or to the political party of that candidate which pays for or is responsible for paying for any billboard, sign or other form of advertisement which refers only to that candidate and in which the candidates name is prominently displayed.
(b) If the material is expressly approved and paid for by the candidate and the cost of preparation and publishing has been reported by the candidate as a campaign contribution pursuant to NRS 294A.010.
3. Any identification that complies with the requirements of the Communications Act of 1934 and the regulations adopted pursuant to the act shall be deemed to comply with the requirements of this section.
4. Any person who willfully violates any provision of this section is guilty of a misdemeanor.
5. As used in this section:
(a) Material means any printed or written matter or any photograph.
(b) Publish means the act of:
(1) Printing, posting, broadcasting, mailing or otherwise disseminating; or
κ1989 Statutes of Nevada, Page 911 (CHAPTER 423, SB 242)κ
(2) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated,
any material or information to the public.
________
Senate Bill No. 318Committee on Commerce and Labor
CHAPTER 424
AN ACT relating to dispensing opticians; revising certain requirements for licensing; increasing certain fees charged by board of dispensing opticians; increasing the salary of members of the board; expanding the grounds for disciplinary action; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 637.045 is hereby amended to read as follows:
637.045 Each member of the board is entitled to receive a salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board.
Sec. 2. NRS 637.100 is hereby amended to read as follows:
637.100 A candidate, in order to qualify for examination and licensing as a dispensing optician, must furnish proof that he:
1. Is at least 18 years of age.
2. Is of good moral character.
3. Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
4. Is a graduate of an accredited high school or its equivalent.
5. Has [:] passed the examination of the American Board of Opticianry and has:
(a) Served as an apprentice for not less than 3 years full-time employment in an optical establishment where prescriptions for spectacles or contact lenses from given formulae are filled, [and] has acquired experience in optical technology and has had 1 year of experience in ophthalmic dispensing under the direct supervision of a licensed dispensing optician or licensed optometrist [; or] , and has passed the career progression program of the National Academy of Opticianry or an equivalent program accepted by the board; or
(b) Successfully completed a course of study in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and has had 1 year of ophthalmic experience under the supervision of a licensed dispensing optician or licensed optometrist.
Sec. 3. NRS 637.110 is hereby amended to read as follows:
637.110 1. An application must be accompanied by a fee of not more than $250 to cover the cost of the examination by the board and the initial licensing.
κ1989 Statutes of Nevada, Page 912 (CHAPTER 424, SB 318)κ
2. The board shall, if it approves an application, examine the applicant in ophthalmic dispensing, except that the board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.
3. To pass the examination, an applicant must achieve a score of at least 70 percent . [on the written portion and 70 percent on the practical portion of the examination.]
Sec. 4. NRS 637.120 is hereby amended to read as follows:
637.120 1. An applicant successfully completing the examination must be issued a license as a dispensing optician by the board. The license authorizes the applicant to engage in the practice of ophthalmic dispensing, and must at all times be conspicuously displayed at the holders place of practice. The license is not transferable by the holder. A separate license is required before the dispensing optician may fit contact lenses.
2. The board may, upon application and the payment of a fee not to exceed $100, issue one duplicate license.
Sec. 5. NRS 637.122 is hereby amended to read as follows:
637.122 1. A dispensing optician shall not fit contact lenses unless he is licensed to do so pursuant to this section.
2. The board shall issue a license containing an authorization for its holder to fit contact lenses to any licensed dispensing optician whose license has been issued by this board and:
(a) Who has successfully completed a course of instruction on the fitting of contact lenses at a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and who has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; or
(b) Who has completed at least 1 year of training and experience in the fitting of contact lenses under the supervision of a licensed dispensing optician licensed to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners [.] and the contact lens practical examination of the board.
A license to fit contact lenses is effective for 1 year but may be renewed.
3. The board may charge a fee of not more than $250 for its initial issuance of a license to fit contact lenses and $250 for an annual renewal of such a license.
4. An applicant who desires to qualify by obtaining 1 year of training and experience must first apply to the board for a training license. The board shall fix a fee of not more than $150 for the training license. The license must be conspicuously displayed at the place of training. The year of training and experience must consist of not less than 1,000 hours of experience in fitting and adapting contact lenses, verification and interpretation of prescriptions for contact lenses, and in other aspects of the practice and theory of fitting contact lenses.
5. The board may issue a training license for the fitting of contact lenses to a licensed apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
κ1989 Statutes of Nevada, Page 913 (CHAPTER 424, SB 318)κ
6. The board may issue a training license, to be effective for not more than 2 years, to a licensed dispensing optician who is not licensed to fit contact lenses in order that he may train in the fitting of such lenses.
7. A dispensing optician:
(a) May fit contact lenses only pursuant to a written prescription specifying contact lenses.
(b) Shall direct the patient to return to the prescriber for checking the fit and accuracy of the lenses.
Sec. 6. NRS 637.123 is hereby amended to read as follows:
637.123 1. The license of each apprentice dispensing optician must expire on January 31 of each year. A license may be renewed before expiration upon payment of the annual renewal fee set by the board, not to exceed [$100.] $200.
2. The license of an apprentice dispensing optician that is not renewed before January 31 is delinquent. A delinquent license may be reinstated at the discretion of the board upon payment of each applicable annual renewal fee and an annual delinquency fee established by the board, not to exceed $100.
3. The board may by regulation require continuing education as a prerequisite to the renewal of the license of an apprentice dispensing optician.
Sec. 7. NRS 637.125 is hereby amended to read as follows:
637.125 1. A licensed dispensing optician may employ any person to perform the services of a dispensing optician if the person is licensed by the board as an apprentice dispensing optician.
2. A licensed dispensing optician shall:
(a) Supervise all work done by an apprentice dispensing optician.
(b) Be in attendance whenever an apprentice dispensing optician is engaged in ophthalmic dispensing.
(c) Post the license of the apprentice dispensing optician in a conspicuous place where the apprentice works.
3. A licensed dispensing optician may not have under his supervision more than two licensed apprentice dispensing opticians at any one time.
4. The board may require a fee of not more than [$150] $250 for the licensure of an apprentice dispensing optician.
5. A licensed dispensing optician may employ persons to assist in consulting on optical fashions and in making optical repairs, and these persons need not be licensed as apprentices.
Sec. 8. NRS 637.140 is hereby amended to read as follows:
637.140 1. A license issued under the provisions of this chapter expires on January 31 of each year.
2. A license may be renewed before its expiration upon presentation of proof of completion of the continuing education required by NRS 637.135 and payment of a renewal fee set by the board of not more than $200. Except as otherwise provided in subsection 3, any license which is not renewed before January 31 of each year shall be deemed delinquent. A delinquent license may be reinstated, at the discretion of the board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the board of not more than [$100.] $500.
3. Upon written request to the board, and payment of a fee not to exceed $150, a licensee in good standing may have his name and license transferred to an inactive list.
κ1989 Statutes of Nevada, Page 914 (CHAPTER 424, SB 318)κ
to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the license is inactive. If an inactive licensee desires to resume the practice of ophthalmic dispensing, the board shall reactivate the license upon the:
(a) Demonstration if deemed necessary by the board that the licensee is then qualified and competent to practice;
(b) Completion of an application; and
(c) Payment of the current fee for renewal of the license.
Payment of the delinquency fee and the renewal fee for any year while the license was inactive is not required.
Sec. 9. NRS 637.150 is hereby amended to read as follows:
637.150 Upon proof to the satisfaction of the board than an applicant or holder of a license;
1. Has been adjudicated insane;
2. Habitually uses any controlled substance or intoxicant;
3. Has been convicted of a crime involving moral turpitude;
4. Has advertised in any manner which would tend to deceive, defraud or mislead the public;
5. Has presented to the board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the state through fraud of any kind;
6. Has been convicted of a violation of any federal or state law relating to a controlled substance;
7. Has violated any regulation of the board;
8. Has violated any provision of this chapter;
9. Is incompetent;
10. Is guilty of unethical or unprofessional conduct as determined by the board; [or]
11. Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner [,] ; or
12. Is guilty of a fraudulent or deceptive practice as determined by the board,
the board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him privately or publicly, require him to pay an administrative fine of not more than [$2,500,] $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.
Sec. 10. NRS 637.170 is hereby amended to read as follows:
637.170 Any licensee whose license was revoked by the board may apply for a new license as provided in NRS 637.100 to 637.122, inclusive, any time after the date of revocation. The board may consider such an application for licensure and may grant it upon the applicants payment of a fee set by the board to cover the administrative costs of [issuing a new license.] any investigation and hearing.
________
κ1989 Statutes of Nevada, Page 915κ
Senate Bill No. 364Senator Jacobsen
CHAPTER 425
AN ACT relating to prisoners; making permanent the laws that authorize a physicians assistant to give orders for the treatment of a prisoner and that authorize a nurse to treat a prisoner; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 660, Statutes of Nevada 1987, at page 1585, is hereby amended to read as follows:
Sec. 5. [This] Section 4 of this act expires by limitation on June 30, 1989.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 237Senators Wagner, Coffin, Horn, Malone, Mello, Neal, ODonnell, Rawson, Titus, Townsend and Vergiels
CHAPTER 426
AN ACT relating to displaced homemakers; creating a board; requiring the establishment of centers in certain counties to provide various services to displaced homemakers; imposing an additional fee to be charged upon the commencement in certain counties of an action for divorce for the support of the centers; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:
1. Board means the board for the education and counseling of displaced homemakers.
2. Director means the director of the state job training office or, if the office is abolished by executive order, a person appointed by the governor who has experience in training persons to obtain and maintain employment.
3. Displaced homemaker means any person who:
(a) Is not gainfully employed or has less than full-time or adequate employment;
(b) Has worked at home for a substantial number of years providing household services to members of his family without compensation;
(c) Has difficulty in securing employment adequate for economic independence; and
κ1989 Statutes of Nevada, Page 916 (CHAPTER 426, SB 237)κ
(d) Has been dependent:
(1) On the income of another member of his family but is no longer supported by that income;
(2) Upon public assistance but is no longer eligible; or
(3) On another member of his family for the management of his personal finances but that person is no longer available to provide that assistance.
Sec. 3. 1. The board for the education and counseling of displaced homemakers is hereby created. The board consists of five members appointed by the governor, one of whom must a displaced homemaker and one of whom must be representative of business in the state.
2. The board shall:
(a) At its first meeting and annually thereafter elect a chairman from among its members.
(b) Meet regularly at least once each calendar quarter and at other times upon the call of the chairman.
3. The members of the board serve without compensation, except that each member of the board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid from the account established pursuant to subsection 2 of NRS 19.033.
Sec. 4. 1. The board shall, to the extent that money is available, establish in a county whose population is 250,000 or more, a center to provide services for displaced homemakers and may, with the approval of the director, enter into contracts with public or nonprofit private organizations to provide the various services.
2. All gifts and grants of money received for the purposes of sections 2 to 7, inclusive, of this act, must be deposited in the same account in the state general fund as money deposited pursuant to subsection 2 of NRS 19.033.
3. All claims must be approved by the director before they are paid.
Sec. 5. Each center shall provide:
1. Counseling services specifically designed for the counseling of a displaced homemaker with respect to appropriate employment, including:
(a) Assessment of his skills;
(b) Clarification of his employment goals and information regarding the availability of various types of employment;
(c) The development of a personal plan for a career; and
(d) Referrals to public and private programs of training and placement.
2. Courses of instruction to assist a displaced homemaker in seeking and retaining employment, including instruction in:
(a) The initial steps in seeking employment;
(b) Skills for contacting employers;
(c) The proper completion of applications for employment;
(d) Writing resumes;
(e) Skills for effective interviewing;
(f) The importance of a positive attitude and appropriate work habits;
(g) Skills for effective communication;
(h) Appropriate conduct in an office; and
(i) Resolving conflicts involving work and family.
κ1989 Statutes of Nevada, Page 917 (CHAPTER 426, SB 237)κ
3. Weekly meetings to allow the displaced homemakers it serves to share information regarding employment and to discuss their concerns regarding seeking and retaining employment.
4. Educational and counseling services relating to health and health care, including education about obtaining and paying for health care and related services, particularly about selecting physicians and others who provide the services, including health maintenance organizations and health insurance.
5. Services relating to financial management, including information about insurance, taxes, estates and probate, mortgages, loans and other related financial matters.
6. Referrals of displaced homemakers to appropriate agencies in the community which provide:
(a) Assistance to persons addicted to alcohol or drugs;
(b) Personal counseling;
(c) Legal assistance;
(d) Child care; and
(e) Programs of secondary and postsecondary education, including programs for occupational education, English as a second language and improving reading ability.
Sec. 6. 1. The board shall select a public or nonprofit private organization, if possible, to administer each center. In selecting the organization, the board shall consider the experience and capability of the organization in administering services similar to those to be provided by the center.
2. The chairman of the board shall consult and cooperate with such agencies of the federal and state governments as the board considers appropriate to facilitate the establishment of a center which utilizes or is coordinated with existing state and federal programs of a similar nature.
Sec. 7. 1. To the extent that money is available, each center must have a part-time executive director.
2. The executive director of each center shall maintain records of its activities and shall report quarterly to the board the number of displaced homemakers who have, during the previous quarter:
(a) Obtained employment; and
(b) Enrolled in educational programs.
The report must include the hourly wage received and the number of hours worked per week by each displaced homemaker.
Sec. 8. NRS 19.033 is hereby amended to read as follows:
19.033 1. In a county whose population is 250,000 or more, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $15. The fee must be paid by the party commencing the action.
2. On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the state job training office or, if the office is abolished by executive order, a person appointed by the governor who has experience in training persons to obtain and maintain employment, to administer the provisions of sections 2 to 7, inclusive, of this act.
κ1989 Statutes of Nevada, Page 918 (CHAPTER 426, SB 237)κ
and maintain employment, to administer the provisions of sections 2 to 7, inclusive, of this act.
3. The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $5 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:
[1.] (a) On the appearance of a defendant in [such an] the action in the district court, the county clerk , [of each county,] in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.
[2.] (b) On or before the [5th] fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to [subsection 1.] paragraph (a).
Sec. 9. NRS 380.110 is hereby amended to read as follows:
380.110 1. Except as otherwise provided in subsection 5, any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter must require that, from the fees received by the county clerk pursuant to [chapter 19 of NRS,] NRS 19.013, a sum established by the ordinance, not exceeding $30 in any case, must be allocated by the county clerk to a fund designated as the law library fund. These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of these sources as may be determined by the ordinance.
2. All money so set aside must be paid by the county clerk to the county treasurer, who shall keep it separate in the law library fund.
3. The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.
4. Money in the law library fund must be:
(a) Expended for the purchase of law books, journals, periodicals and other publications.
(b) Expended for the establishment and maintenance of the law library.
(c) Drawn therefrom and used and applied only as provided in this chapter.
5. In a county whose population is 250,000 or more, the sum established by the ordinance must be no less than $15 nor more than $30 in any case.
Sec. 10. As soon as practicable after July 1, 1989, the governor shall appoint to the board for the education and counseling of displaced homemakers:
1. Two members to terms which expire on June 30, 1992.
2. Two members to terms which expire on June 30, 1991.
3. One member to a term which expires on June 30, 1990.
Sec. 11. The board for the education and counseling of displaced homemakers shall:
κ1989 Statutes of Nevada, Page 919 (CHAPTER 426, SB 237)κ
1. Report to the 1993 session of the Nevada legislature the number of displaced homemakers who have:
(a) Obtained employment; or
(b) Enrolled in educational programs,
through a center established by the board. The report must include the hourly wage received and the number of hours worked per week by each displaced homemaker.
2. Recommend to the 1993 Nevada legislature any revisions in the law relating to displaced homemakers that it finds necessary.
Sec. 12. 1. This section and sections 8, 9 and 10 of this act become effective upon passage and approval.
2. Sections 1 to 7, inclusive, and 11 of this act become effective on October 1, 1989.
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Senate Bill No. 382Committee on Commerce and Labor
CHAPTER 427
AN ACT relating to the division of financial institutions of the department of commerce; making various changes concerning the accounting, auditing and licensing procedures of the division; providing a penalty; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 658.055 is hereby amended to read as follows:
658.055 1. The commission may appoint deputy commissioners of financial institutions, examiners, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties under this Title, Title 56 of NRS or under any other law. These employees shall perform such duties as may be assigned to them by the commissioner.
2. The commissioner shall employ a certified public accountant to review and conduct independent audits and examinations of financial institutions. The commissioner shall levy an assessment upon each licensed financial institution to cover all of the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
3. Assessments collected by the commissioner pursuant to subsection 2 must be deposited in the state treasury for credit to the fund for auditing financial institutions, which is hereby created as a special revenue fund. The commissioner shall use the money in the fund, and may advance money from the fund, for the purposes specified in subsection 2.
Sec. 2. NRS 670.240 is hereby amended to read as follows:
670.240 1. [Every corporation organized and engaged in business under the provisions of this chapter shall pay, on or before] A license issued pursuant to this chapter expires on December 31 of each year [, an annual state license fee of $250.] unless renewed by the corporation through the payment, on or before that date, of an annual fee of $250.
κ1989 Statutes of Nevada, Page 920 (CHAPTER 427, SB 382)κ
payment, on or before that date, of an annual fee of $250. The commissioner may reinstate an expired license upon receipt of the annual fee and a fee of $200 for reinstatement.
2. The county and city wherein the corporation maintains a place of business may also levy a [license] licensing fee which does not exceed $50.
Sec. 3. NRS 670.250 is hereby amended to read as follows:
670.250 1. The commissioner shall examine the corporation as often as he deems necessary.
2. The corporation shall [make reports of its condition at least annually to the commissioner and more frequently upon the order of the commissioner.] report upon its condition annually to the commissioner:
(a) Within 60 days after the close of its fiscal year, unless the commissioner determines that there is good cause to extend that period; and
(b) At any other time ordered by the commissioner.
The commissioner may impose and collect a penalty of $5 for each day the annual report is overdue, up to a maximum of $500. The commissioner shall furnish copies of these reports to the commissioner of insurance and the governor. The corporation shall also furnish [such] any other information [as may be] required by the commissioner or the secretary of state.
3. The corporation shall pay a fee for conducting the examination and preparing the report of the examination at the rate established pursuant to NRS 658.101.
4. The commissioner shall exercise the same supervisory authority over corporations organized under this chapter as he exercises over banks and trust companies chartered by the state.
Sec. 4. NRS 671.070 is hereby amended to read as follows:
671.070 1. A license issued pursuant to this chapter expires on June 30 of the year following its issuance and thereafter expires on June 30 of each year, unless it is earlier surrendered, suspended or revoked.
2. The license may be renewed from year to year upon the approval of the commissioner if the licensee files an application conforming to the requirements for an initial application at least 60 days before the expiration of his current license.
3. An application for the renewal of the license must be accompanied by a fee of $200. No investigation fee may be charged for the renewal of the license. If the application or fee for renewal is not filed within the required time, the commissioner may renew the expired license upon receipt of the application and fee for renewal, and a fee of $200 for late renewal.
4. All fees collected pursuant to this section must be deposited in the state treasury for credit to the state general fund.
Sec. 5. NRS 671.180 is hereby amended to read as follows:
671.180 1. If the commissioner has reason to believe that grounds exist for the suspension, revocation or denial of renewal of a license, he shall give 10 days written notice to the licensee, stating the grounds therefor, and shall set a date for a hearing, if a hearing is requested by the licensee. If the protection of the public so requires, the commissioner may suspend the license at any time before the hearing.
2. At the conclusion of the hearing, the commissioner shall enter a written order either dismissing the charges or suspending, revoking or denying the renewal of the license.
κ1989 Statutes of Nevada, Page 921 (CHAPTER 427, SB 382)κ
renewal of the license. The order must include a statement of the grounds for the action taken by the commissioner and becomes effective 10 days after receipt of a copy of the order by the licensee at his principal place of business. The commissioner may immediately suspend, revoke or deny the renewal of the license in a case where the licensee has failed to maintain in effect the required surety bond or insurance policy.
3. The grounds for suspension, revocation or denial of renewal of a license are:
(a) Failure to pay the annual [license fee;] fee for renewal or the fee for late renewal;
(b) Failure to maintain in effect the required bond or securities;
(c) Fraud, misrepresentation or omission of any material fact in any application, statement or report;
(d) Failure to pay any judgment arising from the licensees business within 30 days after the judgment becomes final or within 30 days after the expiration of a stay of execution on the judgment; or
(e) Violation of any provision of this chapter or any regulation adopted or order issued by the commissioner pursuant to this chapter.
4. Any action taken by the commissioner pursuant to this section is subject to judicial review in the first judicial district court.
Sec. 6. NRS 649.345 is hereby amended to read as follows:
649.345 1. Each licensed collection agency shall file with the commissioner [an annual] a written report , [in January,] signed and sworn to by its manager [. Such] , no later than January 31 of each year, unless the commissioner determines that there is good cause for later filing of the report. The report must include:
(a) The total sum of money due to all creditors as of the close of the last business day of the preceding month.
(b) The total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the bank or banks where the money is deposited.
(c) The total amount of creditors or forwarders share of money collected more than 60 days before the last business day of the preceding month and not remitted by that date.
(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in that sum.
(e) Such other information, audit or reports as the commissioner may require.
2. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agencys license or the managers certificate, or both.
Sec. 7. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each association doing business in this state shall file annually with the commissioner , on or before March 1, a sworn statement in two sections.
2. One section of the annual report must contain, in such form and detail as the commissioner may prescribe, the following:
κ1989 Statutes of Nevada, Page 922 (CHAPTER 427, SB 382)κ
(a) The amount of authorized capital by classes and the par value of each class of stock.
(b) A statement of its assets, liabilities and capital accounts as of the immediately preceding December 31.
(c) Any other facts which the commissioner [may require.] requires.
This section must be furnished in duplicate, one certified copy to be returned [,] for publication at least two times in a newspaper having a general circulation in each county in which the association maintains an office. Publication must be completed on or before May 1, and proof of publication must be filed in the office of the commissioner.
3. One section of the annual report must contain such other information as the commissioner may require to be furnished. This section need not be published and must be treated as confidential by the commissioner.
4. The commissioner may impose and collect a penalty of $5 for each day the annual report is overdue, up to a maximum of $500. Every association shall pay to the commissioner for supervision and examination a fee based on the rate established pursuant to NRS 658.101.
5. All sums so received by the commissioner must be delivered to the state treasurer and paid into the state general fund.
Sec. 8. NRS 673.840 is hereby amended to read as follows:
673.840 Any person [, firm, copartnership or corporation] doing business in this state, as described in NRS 673.070, [selling or offering] who:
1. Sells or offers for sale within this state any securities of any company, association or corporation which has not received the license provided for in NRS 673.080 and 673.250 [, or who shall not himself have secured] ;
2. Fails to secure the license provided for in NRS 673.270 [, or who shall not have paid the fees and obtained the license] ; or
3. Fails to pay a fee or penalty as provided in NRS 673.430,
[shall be] is guilty of a misdemeanor for each such violation.
Sec. 9. NRS 675.140 is hereby amended to read as follows:
675.140 [On or before December 20 of each year, each licensee shall pay to the commissioner] A license expires on December 31 of each year unless renewed by the licensee through the payment, on or before that date, of an annual fee of $500 for each license held by him . [as a license fee for the succeeding calendar year.] The commissioner may reinstate an expired license upon receipt of the annual fee and a fee of $200 for reinstatement.
Sec. 10. NRS 675.370 is hereby amended to read as follows:
675.370 Each license shall remain in full force and effect until it expires or is surrendered, revoked or suspended as provided in this chapter.
Sec. 11. NRS 675.450 is hereby amended to read as follows:
675.450 No revocation, suspension , expiration or surrender of any license [shall impair or affect] impairs or affects the obligation of any preexisting lawful contract between the licensee and any obligors. Such a contract and all lawful charges thereon may be collected by the licensee, its successors or assigns.
Sec. 12. NRS 676.160 is hereby amended to read as follows:
676.160 1. A license expires on December 31 of each year. On or before [December 1 of each year,] that date, each licensee may apply to the commissioner for a renewal of its license.
κ1989 Statutes of Nevada, Page 923 (CHAPTER 427, SB 382)κ
2. The application must be on the form prescribed by the commissioner and must be accompanied by a fee of $200 and a bond, as in the case of the original application.
3. If the application, fee for renewal or bond is filed after December 31, the commissioner may renew the expired license upon receipt of the application, fee for renewal and bond, and a fee of $200 for reinstatement.
4. Each license, as renewed, remains in force until it expires or is surrendered, suspended or revoked as provided in this chapter.
Sec. 13. NRS 676.290 is hereby amended to read as follows:
676.290 1. The commissioner may, pursuant to the procedure provided in this chapter, deny, suspend or revoke any license for which application has been made or which has been issued under the provisions of this chapter if he finds, as to the licensee, its associates, directors or officers, grounds for action.
2. Any one of the following grounds may provide the requisite grounds for denial, suspension or revocation:
(a) Conviction of a felony or of a misdemeanor involving moral turpitude.
(b) Violation of any of the provisions of this chapter or regulations of the commissioner.
(c) Fraud or deceit in procuring the issuance of the license.
(d) Continuous course of unfair conduct.
(e) Insolvency, filing in bankruptcy, receivership or assigning for the benefit of creditors by any licensee or applicant for a license under this chapter.
(f) Failure to pay the fee for renewal or reinstatement of a license.
Sec. 14. NRS 676.310 is hereby amended to read as follows:
676.310 1. The commissioner may, after notice and hearing, enter an order:
(a) Denying a license to any applicant who fails to establish, at the hearing, its financial responsibility, experience, character and general fitness to engage in debt adjusting; or
(b) Revoking the license of a licensee who fails to overcome, at the hearing, the probable cause for the revocation found by the commissioner.
2. The denial, expiration, suspension or revocation of a license, as provided in this chapter, does not impair nor affect the obligation under any lawful [debt-adjusting contract.] contract for debt adjustment.
Sec. 15. NRS 677.360 is hereby amended to read as follows:
677.360 A license expires on December 31 of each year. On or before [December 20 of each year,] that date, each licensee [shall] must pay to the commissioner the sum of $500 for the renewal of each license held by him . [as a license fee for the succeeding calendar year.] The commissioner may reinstate an expired license upon receipt of the fee for renewal and a fee of $200 for reinstatement.
Sec. 16. NRS 677.520 is hereby amended to read as follows:
677.520 The revocation, suspension , expiration or surrender of any license does not impair or affect the obligation of any preexisting lawful contract between the licensee and any obligors. Such a contract and all lawful charges thereon may be collected by the licensee, its successors or assigns.
κ1989 Statutes of Nevada, Page 924 (CHAPTER 427, SB 382)κ
Sec. 17. NRS 678.260 is hereby amended to read as follows:
678.260 The commissioner shall:
1. Adopt a regulation establishing the minimum surety bond required of credit unions in relation to the amount of property under their control.
2. Maintain the original application of every credit union in a permanent file.
3. Maintain , for at least 6 years, every report filed by a credit union with the division of financial institutions.
4. Except as otherwise provided in NRS 678.800 and 678.810, deposit all fees, charges for expenses, assessments and other money which is collected pursuant to the provisions of this chapter or any regulation adopted thereunder, in the state treasury [.] for credit to the state general fund.
5. Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.
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Assembly Bill No. 273Assemblyman DuBois
CHAPTER 428
AN ACT relating to acquired immune deficiency syndrome; providing for the transmission to a person arrested for prostitution of the results of the test to determine his exposure to the human immunodeficiency virus; and providing other matters properly relating thereto.
[Approved June 21, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.356 is hereby amended to read as follows:
201.356 1. Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the state board of health, to detect exposure to the human immunodeficiency virus. The state board of health shall not approve a test for use that does not provide the arresting law enforcement agency with the results of the test within 30 days after a person submits to the test. If the person is convicted of a violation of NRS 201.354, he shall pay the sum of $100 for the cost of the test.
2. [If the results of the test are positive, the] The person performing the test shall immediately transmit the results of the test to the arresting law enforcement agency. [That] If the results of the test are negative, the agency shall inform the court of that fact. If the results of the test are positive, the agency shall [:] upon receipt:
(a) Mail the results by certified mail , return receipt requested, to the person arrested at his last known address [;] and place the returned receipt in the agencys file; or
(b) If the person arrested is in the custody of the agency, personally deliver the results to him [.] and place an affidavit of service in the agencys file.
κ1989 Statutes of Nevada, Page 925 (CHAPTER 428, AB 273)κ
If before receiving the results pursuant to this subsection, the person arrested requests the agency to inform him of the results and the agency has received those results, the agency shall deliver the results to him, whether positive or negative, and place an affidavit of service in the agencys file.
3. The court shall, when the person arrested is arraigned, order the person to reappear before the court 45 days after the arraignment to determine whether the person has received the results of the test. The court shall inform the person that his failure to appear at the appointed time will result in the issuance of a bench warrant, unless the order is rescinded pursuant to this subsection. If the court is informed by the agency that the results of the persons test were negative, the court clerk shall rescind the order for his reappearance and so notify the person. If, upon receiving notice from the agency that the results of the test were positive, the person notifies the court clerk in writing that he has received the results, the clerk shall inform the court and rescind the order for his reappearance for that determination.
4. The court shall, upon the persons reappearance ordered pursuant to subsection 3, ask him whether he has received the results of the test. If the person answers that he has received them, the court shall note his answer in the court records. If the person answers that he has not received them, the court shall have the results delivered to him and direct that an affidavit of service be placed in the agencys file.
5. If the person does not reappear as ordered and has not notified the court clerk of his receipt of the results of the test in the manner set forth in subsection 3, the court shall cause a bench warrant to be issued and that person arrested and brought before the court as upon contempt. The court shall also proceed in the manner set forth in subsection 4 to ensure that the person received the results of the test.
Sec. 2. NRS 201.358 is hereby amended to read as follows:
201.358 1. Any person who:
[1.] (a) Violates NRS 201.354; or
[2.] (b) Works as a prostitute in a licensed house of prostitution,
after testing positive in a test approved by the state board of health for exposure to the human immunodeficiency virus and receiving [written] notice of that fact is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, or by fine of not more than $10,000, or by both fine and imprisonment.
2. As used in this section, notice means:
(a) Actual notice; or
(b) Notice received pursuant to NRS 201.356.
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κ1989 Statutes of Nevada, Page 926κ
Senate Bill No. 344Committee on Government Affairs
CHAPTER 429
AN ACT relating to the interstate commissions; limiting the requirement that the governor approve contracts of the Colorado River commission; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 538.251 is hereby amended to read as follows:
538.251 1. Except as provided in subsection 2, all contracts entered into by the commission pertaining to the sale or purchase of water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to the sale or purchase of power or water, or both, belonging, allotted to or contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation [and] or transmission of electricity are not binding upon the State of Nevada until approved by the governor.
2. Any contract or agreement by the commission for the transmission of electrical power or to sell:
(a) Supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available, does not [need] require the approval of the governor to be binding upon the state.
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Senate Bill No. 345Committee on Government Affairs
CHAPTER 430
AN ACT relating to the Colorado River commission; clarifying the authority of the commission to acquire facilities for the transmission of electricity; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 538.161 is hereby amended to read as follows:
538.161 The commission shall:
1. Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to this state.
κ1989 Statutes of Nevada, Page 927 (CHAPTER 430, SB 345)κ
2. Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation [and] or transmission of electricity, both within and outside Nevada, for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of this state that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.
3. Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.
4. Render the friendly cooperation of the State of Nevada to constructive enterprises concerned with the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.
5. Render friendly cooperation to industries located in other states, negotiate with them and invite them to locate within Nevada.
6. Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.
7. Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. The agreements, compacts or treaties are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
8. Report to the governor such measures and legislative action as it deems necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.
9. Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.
Sec. 2. NRS 538.251 is hereby amended to read as follows:
538.251 1. Except as provided in subsection 2, all contracts entered into by the commission pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to power or water, or both, belonging, allotted to or contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation [and] or transmission of electricity are not binding upon the State of Nevada until approved by the governor.
κ1989 Statutes of Nevada, Page 928 (CHAPTER 430, SB 345)κ
contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation [and] or transmission of electricity are not binding upon the State of Nevada until approved by the governor.
2. Any contract or agreement by the commission for the transmission of electrical power or to sell:
(a) Supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available,
does not need the approval of the governor to be binding upon the state.
________
Senate Bill No. 346Committee on Government Affairs
CHAPTER 431
AN ACT relating to the Colorado River commission; granting the commission the authority to adopt necessary regulations; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 538.201 is hereby amended to read as follows:
538.201 The commission may adopt such regulations [governing the procedure described in NRS 538.131 to 538.191, inclusive, as may be just and reasonable.] as are necessary to carry out the purposes of NRS 538.041 to 538.251, inclusive.
________
κ1989 Statutes of Nevada, Page 929κ
Senate Bill No. 342Committee on Finance
CHAPTER 432
AN ACT relating to the Colorado River commission; authorizing the issuance of additional bonds; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 482, Statutes of Nevada 1975, as last amended by chapter 231, Statutes of Nevada 1985, at page 727, is hereby amended to read as follows:
Sec. 7. 1. The commission, on the behalf and in the name of the state may:
(a) Acquire, hold, improve and equip the facilities;
(b) Acquire, hold, improve, equip and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire, improve and equip the facilities and electric properties, wholly or in part, directly by construction contract or indirectly by contract with the Federal Government, or otherwise, or any combination thereof, as the commission may from time to time determine; and
(d) Borrow money and otherwise become obligated in a total principal amount:
(1) Not exceeding $63,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the state facilities, and issue state securities to evidence such obligations;
(2) Not exceeding $192,500,000 to defray wholly or in part the cost of acquiring, improving and equipping the federal facilities, and issue state securities to evidence such obligations;
(3) Not exceeding 5,000,000 to provide funds to defray wholly or in part the cost of acquiring, reconductoring and otherwise improving and equipping electric properties to complement the facilities, and issue state securities to evidence such obligations;
(4) Not exceeding $11,000,000 to defray wholly or in part the cost of improving a section of the Las Vegas Valley Lateral, a conduit of the Robert B. Griffith Water Project supplying water for industrial and municipal use, in order to protect it from erosion, and issue state securities to evidence such obligations; [and]
(5) Not exceeding $10,000,000 to defray wholly or in part the cost of emergency replacement or repair of the facilities or any properties appertaining to the facilities, and issue state securities to evidence such obligations [.] ;
(6) Not exceeding $8,910,000 to defray wholly or in part the cost of acquiring, improving and equipping additional and existing laboratory, maintenance, operations and administrative facilities at the state facility;
κ1989 Statutes of Nevada, Page 930 (CHAPTER 432, SB 342)κ
(7) Not exceeding $3,930,000 to defray wholly or in part the cost of restoring and replacing the communications network of the Southern Nevada Water System; and
(8) Not exceeding $100,000,000 to repay in full to the Federal Government at a discount the remaining unpaid reimbursable costs of the federal facilities.
2. The power to issue securities hereunder in a total principal amount not more than $192,500,000 under subparagraph (2) of paragraph (d) of subsection 1 decreases to the extent, for the acquisition of the federal facilities, Congress by federal act appropriates funds, the Office of Management and Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to these earnings and any incidental expenses due under that contract; but the power to issue securities is not decreased because of any money due under that contract from the state to the Federal Government in the nature of interest charges to compensate it for money advanced by it until their repayment by the state.
3. The power to issue securities in a principal amount not more than $11,000,000 under subparagraph (4) of paragraph (d) , [and] $10,000,000 under subparagraph (5) of paragraph (d), $8,910,000 under subparagraph (6) of paragraph (d) and $3,930,000 under subparagraph (7) of paragraph (d) respectively, of subsection 1 increases or decreases to the extent justified by reason of changes in procurement costs between December 31, 1984, for the purposes of subparagraphs (4) and (5) of paragraph (d) of subsection 1 and December 31, 1988, for the purposes of subparagraphs (6) and (7) of paragraph (d) of subsection 1 and the date of procurement as indicated by engineering cost indexes applicable to this type of procurement. The power to issue such securities for the purposes of subparagraphs (4) , [and] (5) , (6) and (7) of paragraph (d) of subsection 1 decreases to the extent that the Congress by federal act appropriates [funds,] money, the Bureau of Reclamation allots [funds] money and the Federal Government is obligated to pay earnings under contract for the purposes specified in those subparagraphs of any part thereof.
Sec. 2. The title of chapter 482, Statutes of Nevada 1975, as last amended by chapter 231, Statutes of Nevada 1985, at page 729, is hereby amended to read as follows:
An Act relating to water; providing for certain services and facilities and electric properties complementary thereto; providing for improvements to facilities and properties appertaining thereto for the control of erosion; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition, improvement, replacement and repair of certain facilities, properties appurtenant thereto and electric works, properties and appurtenances complementary thereto and the issuance of bonds and other securities by the State of Nevada, acting by and through the Colorado River commission; providing for the construction, other acquisition, equipment, operation, maintenance, improvement and disposal of properties appertaining to such facilities and properties; otherwise concerning such securities, facilities and properties, and revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; authorizing the repayment to the Federal Government, at a discount, of the remaining unpaid reimbursable costs of the facilities; and providing other matters properly relating thereto.
κ1989 Statutes of Nevada, Page 931 (CHAPTER 432, SB 342)κ
acquisition, equipment, operation, maintenance, improvement and disposal of properties appertaining to such facilities and properties; otherwise concerning such securities, facilities and properties, and revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; authorizing the repayment to the Federal Government, at a discount, of the remaining unpaid reimbursable costs of the facilities; and providing other matters properly relating thereto.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 683Committee on Government Affairs
CHAPTER 433
AN ACT relating to state employees; extending the period for payment of excess annual leave; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in subsections 2 and 3, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay 1 1/4 working days each month of continuous public service. The annual leave may be cumulative from year to year not to exceed 30 working days. The department may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. Any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date except that if an employee:
(a) On or before October 15, requests permission to take annual leave; and
(b) His request for leave is denied in writing for any reason,
he is entitled to payment for any annual leave in excess of 30 working days which he requested to take and which he would otherwise forfeit as the result of the denial of his request. The payment for the employees unused annual leave must be made to him [with his first compensation after January 1.] not later than January 31.
3. Officers and members of the faculty of the University of Nevada System are entitled to annual leave as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.
4. No elected state officer may be paid for accumulated annual leave upon termination of his service.
5. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
κ1989 Statutes of Nevada, Page 932 (CHAPTER 433, AB 683)κ
6. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
________
Assembly Bill No. 583Assemblymen Jeffrey, Thompson, Myrna Williams, Garner, McGaughey, Nevin, Price, Humke, Freeman, Arberry, Evans, Wisdom, Spinello, Sedway, Regan, Triggs, Bogaert and Chowning
CHAPTER 434
AN ACT relating to public work; revising the law relating to the preference for certain contractors in awarding contracts for public work; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.147 is hereby amended to read as follows:
338.147 1. [Except as otherwise provided in subsection 2, if a bidder on any contract for public work to be let by a public body has his principal place of business in another state, he may not be awarded the contract unless he submits a bid which is lower than the lowest bid of a domestic contractor by the same percentage that would be required by the state in which his principal place of business is located of a bidder who has his principal place of business in this state and who is seeking the award of a similar contract in that other state, as compared to a bidder domiciled in that state.
2.] A public body shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided by subsection 3, for the purposes of this section, a contractor who has:
(a) Been found to be a responsible contractor by the public body; and
(b) Paid the state and local taxes within this state for 5 successive years before submitting the bid,
shall be deemed to have submitted a better bid than a competing contractor who has not paid the taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor and the bid does not exceed the amount budgeted for the work or the engineers estimate of the cost of the work, whichever is less.
3. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection [1,] 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
[3. As used in this section, domestic contractor means a contractor who has been doing business in this state continuously for at least 3 years.]
________
κ1989 Statutes of Nevada, Page 933κ
Assembly Bill No. 571Committee on Government Affairs
CHAPTER 435
AN ACT relating to planned development; expanding the definition of common open space; repealing the provision requiring a minimum number of units for a planned unit residential development; limiting the requirement of submission of a final map at the time of approval of a planned unit development; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278A.040 is hereby amended to read as follows:
278A.040 Common open space means a parcel or parcels of land or an area of water or a combination of land and water or easements, licenses or equitable servitudes within the site designated for a planned unit development which is designed and intended for the use or enjoyment of the residents or owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents or owners of the development.
Sec. 2. NRS 278A.065 is hereby amended to read as follows:
278A.065 1. Planned unit development means an area of land controlled by a landowner, which is to be developed as a single entity for one or more planned unit residential developments, one or more public, quasi-public, commercial or industrial areas, or both . [, within proportions of nonresidential uses to residential uses specified in the zoning ordinance.]
2. Unless otherwise stated, planned unit development includes the term planned unit residential development.
Sec. 3. NRS 278A.110 is hereby amended to read as follows:
278A.110 1. An ordinance enacted pursuant to the provisions of this chapter must establish standards governing the density or intensity of land use in a planned unit development.
2. The standards must take into account the possibility that the density or intensity of land use otherwise allowable on the site under the provisions of a zoning ordinance previously enacted may not be appropriate for a planned unit development. The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit development in consideration of:
(a) The amount, location and proposed use of common open space.
(b) The location and physical characteristics of the site of the proposed planned development.
(c) The location, design and type of dwelling units.
(d) The criteria for approval of a tentative map of a subdivision [.] pursuant to subsection 3 of NRS 278.349.
3. In the case of a planned unit development which is proposed to be developed over a period of years, the standards may, to encourage the flexibility of density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit development in the case of each section to be developed.
κ1989 Statutes of Nevada, Page 934 (CHAPTER 435, AB 571)κ
developed. The ordinance may authorize the city or county to allow for a greater concentration of density or intensity of land use within [some section or sections] a section of development whether [or not it be] it is earlier or later in the development than [with regard to the others.] the other sections. The ordinance may require that the approval by the city or county of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the city or county, but the reservation must, as far as practicable, defer the precise location of the common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.
Sec. 4. NRS 278A.530 is hereby amended to read as follows:
278A.530 1. An application for final approval may be for all the land included in a plan or to the extent set forth in the tentative approval for a section thereof. The application must be made to the city or county within the time specified by the minutes granting tentative approval.
2. The application must include such maps, drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth in the minutes at the time of the tentative approval and a final map [.] if required by the provisions of NRS 278.010 to 278.630, inclusive.
3. A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval.
Sec. 5. NRS 278A.570 is hereby amended to read as follows:
278A.570 1. A plan, or any part thereof, which has been given final approval by the city or county, must be certified without delay by the city or county and filed of record in the office of the appropriate county recorder before any development occurs in accordance therewith. A county recorder shall not file for record any final plan unless it includes a final map , if required by the provisions of NRS 278.010 to 278.630, inclusive, and:
(a) The same certificates of approval as are required under NRS 278.377; or
(b) Evidence that the approvals were requested more than 30 days before the date on which the request for filing is made, and that the agency has not refused its approval.
2. [After] Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, the zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.
3. Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.
κ1989 Statutes of Nevada, Page 935 (CHAPTER 435, AB 571)κ
4. The county recorder shall collect a fee of $50, plus 50 cents per lot or unit mapped, for the recording or filing of any final map, plat or plan. The fee must be deposited in the general fund of the county where it is collected.
Sec. 6. NRS 278A.200 is hereby repealed.
________
Assembly Bill No. 471Assemblymen Carpenter and Diamond
CHAPTER 436
AN ACT relating to debt adjusting; excluding debt adjusters from the provisions regulating credit service organizations; providing a schedule to determine the amount of security required of certain debt adjusters; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.281 is hereby amended to read as follows:
598.281 As used in NRS 598.281 to 598.289, inclusive, unless the context otherwise requires:
1. Buyer means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.
2. Commissioner means the commissioner of consumer affairs.
3. Division means the consumer affairs division of the department of commerce.
4. Extension of credit means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.
5. Organization:
(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:
(1) Improving a buyers credit record, history or rating.
(2) Obtaining an extension of credit for a buyer.
(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness [.] , unless such counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.
(4) Providing advice or assistance to a buyer with regard to either subparagraph (1) or (2).
(b) Does not include any of the following:
(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.
κ1989 Statutes of Nevada, Page 936 (CHAPTER 436, AB 471)κ
(2) A bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
(3) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
(4) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license.
(5) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law.
(6) A broker-dealer registered with the Securities and Exchange Commission of the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.
(7) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.
Sec. 2. NRS 676.130 is hereby amended to read as follows:
676.130 1. At the time of making the application, the applicant shall:
[1.] (a) Pay to the commissioner a nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the application. All money received by the commissioner pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
[2. Furnish and maintain in effect]
(b) Furnish a satisfactory bond to the State of Nevada, executed by an admitted surety company approved by the commissioner, in the amount of $10,000, or an appropriate substitute pursuant to NRS 676.135, conditioned upon the faithful accounting of all money collected upon accounts and entrusted to the licensee, or its employees or agents.
[3.] (c) Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.
2. Not later than 3 months after the issuance of the license and thereafter semiannually the commissioner shall determine the appropriate amount of bond or appropriate substitute which must be maintained by the licensee in accordance with the licensees average monthly balance in the trust account maintained pursuant to NRS 676.220:
AVERAGE MONTHLY BALANCE AMOUNT OF BOND
REQUIRED
Less than $50,000 $10,000
$50,000 or more but less than $100,000 25,000
$100,000 or more but less than $150,000 30,000
$150,000 or more but less than $200,000 40,000
$200,000 or more 50,000
κ1989 Statutes of Nevada, Page 937 (CHAPTER 436, AB 471)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 491Committee on Government Affairs
CHAPTER 437
AN ACT relating to state employees; authorizing the reduction of the taxable compensation of a state employee for the payment for certain benefits; and providing other matters properly relating thereto.
[Approved June 22, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state may agree with any of its employees, and the board of regents of the University of Nevada System may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by:
(a) His employee organization or labor organization; or
(b) The director of the department of personnel.
2. The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.
3. An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.
4. The director of the department of personnel may establish and administer a program pursuant to 26 U.S.C. § 125. He may:
(a) Create an appropriate fund for administration of money and other assets resulting from the money deducted under the program.
(b) Delegate to one or more state agencies or institutions of the University of the Nevada System the responsibility for administering the program for their respective employees, including:
(1) Collection of money deducted;
(2) Transmittal of money collected to depositories within the state designated by the director; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the University of Nevada System, for services necessary to the administration of the plan, including:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
κ1989 Statutes of Nevada, Page 938 (CHAPTER 437, AB 491)κ
(5) The administration and coordination of the program.
5. Each employee who participates in a program established by the director of personnel pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the director.
6. The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 514Senator Jacobsen
CHAPTER 438
AN ACT relating to criminal procedure; requiring courts to make reference in judgments of conviction and imprisonment to any statutory limits upon when a person becomes eligible for parole; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.105 is hereby amended to read as follows:
176.105 1. If a defendant is found guilty and is:
(a) To be committed to the custody of the director of the department of prisons for an evaluation by the department, the judgment of conviction must set forth the plea, the verdict or finding and the adjudication.
(b) Sentenced as provided by law, the judgment of conviction must set forth [the plea, the] :
(1) The plea;
(2) The verdict or finding [, the] ;
(3) The adjudication and sentence, [and the] including the date of the sentence, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
(4) The exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the clerk.
Sec. 2. NRS 176.325 is hereby amended to read as follows:
176.325 1. When a judgment of imprisonment to be served in the state prison has been pronounced, triplicate certified copies of the entry thereof in the minutes, [duly] attested by the clerk under the seal of the court, [shall] must forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when a judgment of death is rendered.
2. The judgment of imprisonment must include:
κ1989 Statutes of Nevada, Page 939 (CHAPTER 438, SB 514)κ
(a) The plea;
(b) The verdict or finding;
(c) The adjudication and sentence, including the date of the sentence, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
(d) The exact amount of credit gained for time spent in confinement before conviction, if any.
________
Assembly Bill No. 23Committee on Government Affairs
CHAPTER 439
AN ACT relating to local governmental finances; authorizing any local government or combination of local governments to take over the functions and resources of any local government which no longer exists; revising the procedure for such takeovers; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the respective limits imposed by NRS 354.59805, 354.59811 and 354.59816 upon combined amounts received and upon calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
2. To the maximum combined revenue otherwise allowable under NRS 354.59805, 354.59811 and 354.59816 to a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
3. [If a county takes] Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government [other than a city] which no longer exists, the [executive director of the department of taxation] Nevada tax commission shall add to the maximum allowable revenue from taxes ad valorem, the maximum combined allowable revenue and the basic ad valorem revenue, respectively, otherwise allowable to [that county] the local government or local governments pursuant to NRS 354.59805, 354.59811, 354.59816 and 377.057, an amount equal to the maximum allowable revenue from taxes ad valorem, the maximum combined allowable revenue and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed.
κ1989 Statutes of Nevada, Page 940 (CHAPTER 439, AB 23)κ
maximum combined allowable revenue and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the maximum allowable revenue, maximum combined allowable revenue or basic ad valorem revenue if the increase would result in a decrease in revenue of any local government in the county which does not assume those functions.
4. Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received from taxes ad valorem, excluding revenue attributable to the net proceeds of minerals and delinquent payments of taxes, in excess of the maximum allowable combined revenue must not be expended during the fiscal year in which collected, and must be subtracted from the result obtained under subsection 2 of NRS 354.59805 to reduce the maximum amount of revenue which may be derived from taxes ad valorem in the next fiscal year for which the tax rates are certified. On or before January 1 of each year, each county treasurer shall submit a report of the excess ad valorem receipts for the prior year to the department of taxation, in the manner prescribed by the department. The executive director of the department of taxation shall withhold all revenue from the supplemental city-county relief tax otherwise payable to the county until an accurate and complete report is submitted.
5. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
________
Senate Bill No. 389Committee on Judiciary
CHAPTER 440
AN ACT relating to corporations; providing for the formation of close corporations; requiring a corporation to file the certificate of acceptance of its resident agent contemporaneously with its articles of incorporation or any resolution changing the resident agent; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. The provisions of this chapter apply to all close corporations formed pursuant to section 3 of this act. Unless otherwise provided by this chapter, the provisions of chapter 78 of NRS are applicable to all close corporations.
κ1989 Statutes of Nevada, Page 941 (CHAPTER 440, SB 389)κ
Sec. 3. 1. A close corporation must be formed in accordance with NRS 78.030 to 78.055, inclusive, subject to the following requirements:
(a) All of the issued stock of the corporation of all classes, exclusive of treasury shares, must be represented by certificates and must be held of record by a specified number of persons, not to exceed 30.
(b) All of the issued stock of all classes must be subject to one or more of the restrictions on transfer pursuant to section 7 of this act.
(c) The corporation shall not offer any of its stock of any class that would constitute a public offering within the meaning of the Securities Act of 1933, 15 U.S.C. §§ 77 et seq.
2. The certificate or articles of incorporation of a close corporation must:
(a) Set forth the matters required by NRS 78.035.
(b) Set forth the qualifications of stockholders by specifying the classes of persons who are entitled to be holders of record of stock of any class, the classes of persons who are not entitled to be holders of record of stock of any class, or both.
(c) Contain a heading stating the name of the corporation and that it is a close corporation.
3. To determine the number of holders of record of the stock of a close corporation, stock that is held in joint or common tenancy or by community property must be treated as held by one stockholder.
Sec. 4. 1. Any corporation organized under chapter 78 of NRS may become a close corporation pursuant to this chapter by executing, acknowledging, filing and recording, in accordance with NRS 78.390, a certificate of amendment of the certificate of incorporation which must:
(a) Contain a statement that the corporation elects to become a close corporation; and
(b) Meet the requirements of subsection 2 of section 3 of this act.
2. Except as otherwise provided in subsection 3, the amendment must be adopted in accordance with the requirements of NRS 78.390.
3. The amendment must be approved by a vote of the holders of record of at least two-thirds of the shares of each class of stock of the corporation that are outstanding and entitled to vote, unless the articles of incorporation or bylaws require approval by a greater proportion.
Sec. 5. A close corporation is subject to the provisions of this chapter until:
1. The corporation files with the secretary of state a certificate of amendment deleting from the certificate of incorporation the provisions required or permitted by section 3 of this act, to be stated in the certificate of incorporation; or
2. A provision or condition required or permitted by section 3 of this act to be stated in a certificate of incorporation has been breached and the corporation or any stockholder has not acted pursuant to section 10 of this act to prevent the loss of status or remedy the breach.
Sec. 6. 1. The following statement must appear conspicuously on each share certificate issued by a close corporation:
The rights of stockholders in a close corporation may differ materially from the rights of shareholders in other corporations. Copies of the certificate of incorporation, bylaws, shareholders agreements and other documents, any of which may restrict transfers of stock and affect voting and other rights, may be obtained by a shareholder on written request to the corporation.
κ1989 Statutes of Nevada, Page 942 (CHAPTER 440, SB 389)κ
certificate of incorporation, bylaws, shareholders agreements and other documents, any of which may restrict transfers of stock and affect voting and other rights, may be obtained by a shareholder on written request to the corporation.
2. A person claiming an interest in the shares of a close corporation that has complied with the requirement of subsection 1 is bound by the documents referred to in the notice. A person claiming an interest in the shares of a close corporation that has not complied with the requirement of subsection 1 is bound by any document that he or a person through whom he claims has knowledge or notice.
3. A close corporation shall provide to any shareholder upon his written request and without charge, copies of the provisions that restrict transfer or affect voting or other rights of shareholders appearing in the articles of incorporation, bylaws, shareholders agreements or voting trust agreements filed with the corporations.
4. Except as otherwise provided in subsection 5, the close corporation may refuse to register the transfer of stock into the name of a person to whom the stock of a close corporation has been transferred if the person has, or is presumed to have, notice that the transfer of the stock is in violation of a restriction on the transfer of stock. If the close corporation refuses to register the transfer of stock into the name of the transferee, the close corporation must notify the transferee of its refusal and state the reasons therefor.
5. Subsection 4 does not apply if:
(a) The transfer of stock, even if contrary to the restrictions on transfer of stock, has been consented to by all the stockholders of the close corporation; or
(b) The close corporation has amended its certificate of incorporation in accordance with section 8 of this act.
6. The provisions of this section do not impair any rights of a transferee to:
(a) Rescind the transaction by which he acquired the stock; or
(b) Recover under any applicable warranty.
7. As used in this section, transfer is not limited to a transfer for value.
Sec. 7. 1. An interest in the shares of a close corporation may not be transferred, except to the extent permitted by the certificate of incorporation, the bylaws, a shareholders agreement or a voting trust agreement.
2. Except as otherwise provided by the certificate of incorporation, the provisions of this section do not apply to a transfer:
(a) To the corporation or to any other shareholder of the same class or series of shares.
(b) To heirs at law.
(c) That has been approved in writing by all of the holders of the shares of the corporation having voting rights.
(d) To an executor or administrator upon the death of a shareholder or to a trustee or receiver as a result of a bankruptcy, insolvency, dissolution or similar proceeding brought by or against a shareholder.
(e) By merger or share exchange or an exchange of existing shares for other shares of a different class or series in the corporation.
κ1989 Statutes of Nevada, Page 943 (CHAPTER 440, SB 389)κ
(f) By a pledge as collateral for a loan that does not grant the pledgee any voting rights possessed by the pledgor.
(g) Made after the termination of the status of the corporation as a close corporation.
Sec. 8. 1. An attempt to transfer shares in a close corporation in violation of a prohibition against such a transfer is ineffective.
2. An attempt to transfer shares in a close corporation in violation of a prohibition against transfer that is not binding on the transferee because:
(a) The notice required by section 6 of this act was not given; or
(b) The prohibition is held unenforceable by a court of competent jurisdiction,
gives the corporation an option to purchase the shares from the transferee for the same price and on the same terms that he purchased them. To exercise the option, the corporation must give the transferee written notice within 30 days after they receive a share certificate for registration in the name of the transferee.
Sec. 9. 1. A corporation may voluntarily terminate its status as a close corporation, and cease to be subject to the provisions of this chapter, by amending the certificate of incorporation to delete therefrom the additional provisions required or permitted by section 3 of this act to be stated in the certificate of incorporation of a close corporation. An amendment must be adopted and become effective in accordance with NRS 78.390, except that it must be approved by a vote of the holders of record of at least two-thirds of the voting shares of each class of stock of the corporation that are outstanding.
2. The certificate of incorporation of a close corporation may provide that on any amendment to terminate the status as a close corporation, a vote greater than two-thirds or a vote of all shares of any class may be required. If the certificate of incorporation contains such a provision, that provision may not be amended, repealed or modified by any vote less than that required to terminate the status of the corporation as a close corporation.
Sec. 10. 1. The status of a corporation as a close corporation terminates if one or more of the provisions or conditions of this chapter cease to exist or be fulfilled unless:
(a) Within 30 days after the occurrence of the event, or within 30 days after the event has been discovered by the corporation, whichever is later, the corporation files with the secretary of state a certificate, executed and acknowledged, stating that a specified provision or condition included in the certificate of incorporation to qualify the corporation as a close corporation has ceased to be applicable and furnishes a copy of the certificate to each stockholder; and
(b) The corporation, concurrently with the filing of a certificate, takes such steps as are necessary to correct the situation that threatens the status as a close corporation, including the refusal to register the transfer of stock which has been wrongfully transferred as provided by section 7 of this act or commencing a proceeding under subsection 2.
2. Upon the suit of the close corporation or any stockholder, the court has jurisdiction to:
κ1989 Statutes of Nevada, Page 944 (CHAPTER 440, SB 389)κ
(a) Issue all orders necessary to prevent the corporation from losing its status as a close corporation.
(b) Restore the status of the corporation as a close corporation by enjoining or setting aside any act or threatened act on the part of the corporation or a stockholder that would be inconsistent with any of the provisions or conditions required or permitted by this chapter to be stated in the certificate of incorporation of a close corporation, unless it is an act approved in accordance with section 7 of this act.
(c) Enjoin or set aside any transfer or threatened transfer of stock of a close corporation that is contrary to the terms of the certificate of incorporation or of any permitted restriction on transfer.
(d) Enjoin any public offering or threatened public offering of stock of the close corporation.
Sec. 11. 1. All shareholders of a close corporation who are entitled to vote may agree in writing to regulate the exercise of the corporate powers and the management of the business and affairs of the corporation or the relationship among the shareholders of the corporation.
2. An agreement authorized by this section is effective even if the agreement:
(a) Eliminates a board of directors.
(b) Restricts the discretion or powers of the board of directors or authorizes director proxies or weighted voting rights.
(c) Treats the corporation as a partnership.
(d) Creates a relationship among the shareholders or between the shareholders and the corporation that would otherwise be appropriate among partners.
3. If the corporation has a board of directors, an agreement authorized by this section that restricts the discretion or powers of the board of directors:
(a) Relieves directors of liability imposed by law; and
(b) Imposes that liability on each person in whom the discretion or power of the board is vested,
to the extent that the discretion or power of the board of directors is governed by the agreement.
4. A provision eliminating a board of directors in an agreement authorized by this section is not effective unless the articles of incorporation contain a statement to that effect.
5. A provision entitling one or more shareholders to dissolve the corporation under section 21 of this act is effective if a statement of this right is contained in the articles of incorporation.
6. To amend an agreement authorized by this section, all shareholders entitled to vote must approve the amendment in writing, unless the agreement provides otherwise.
7. Subscribers for shares may act as shareholders with respect to an agreement authorized by this section if shares are not issued when the agreement was made.
8. This section does not prohibit any other agreement between or among shareholders in a close corporation.
Sec. 12. 1. A close corporation may operate without a board of directors if the certificate of incorporation contains a statement to that effect.
κ1989 Statutes of Nevada, Page 945 (CHAPTER 440, SB 389)κ
2. An amendment to the certificate of incorporation eliminating a board of directors must be approved:
(a) By all the shareholders of the corporation, whether or not otherwise entitled to vote on amendments; or
(b) If no shares have been issued, by all subscribers for shares, if any, or if none, by the incorporators.
3. While a corporation is operating without a board of directors as authorized by subsection 1:
(a) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, the shareholders.
(b) Unless the articles of incorporation provide otherwise:
(1) Action requiring the approval of the board of directors or of both the board of directors and the shareholders is authorized if approved by the shareholders; and
(2) Action requiring a majority or greater percentage vote of the board of directors is authorized if approved by the majority or greater percentage of votes of the shareholders entitled to vote on the action.
(c) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of directors is satisfied by a statement that the corporation is a close corporation without a board of directors and that the action was approved by the shareholders.
(d) The shareholders by resolution may appoint one or more shareholders to sign documents as designated directors.
4. An amendment to the articles of incorporation that deletes the provision which eliminates a board of directors must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. The amendment must specify the number, names and mailing addresses of the directors of the corporation or describe who will perform the duties of the board of directors.
Sec. 13. A close corporation shall hold an annual meeting if one or more shareholders delivers a written notice to the corporation requesting a meeting. Upon receipt of a notice, the close corporation must hold a meeting within 30 days.
Sec. 14. Notwithstanding any law to the contrary, a person who holds more than one office in a close corporation may execute, acknowledge or verify in more than one capacity any document required to be executed, acknowledged or verified by the holders of two or more offices.
Sec. 15. Personal liability may not be imposed upon shareholders of a close corporation solely as a result of the failure of the close corporation to observe the usual corporate formalities or requirements relating to the exercise of corporate powers or management of its business and affairs, where such failure results from the distinct nature and permissible functioning of a close corporation.
Sec. 16. 1. A plan of merger or share exchange that if effected would:
(a) Terminate the close corporation status must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the close corporation, voting as separate voting groups, whether or not the holders are entitled to vote on the plan.
κ1989 Statutes of Nevada, Page 946 (CHAPTER 440, SB 389)κ
corporation, voting as separate voting groups, whether or not the holders are entitled to vote on the plan.
(b) Create the surviving corporation as a close corporation must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the surviving corporation, voting as separate voting groups, whether or not the holders are entitled to vote on the plan.
2. If not made in the usual and regular course of business, a sale, lease, exchange or other disposition of all or substantially all of the property of a close corporation must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not the holders are entitled to vote on the transaction.
Sec. 17. 1. A corporation that terminates its status as a close corporation is subject to the provisions of chapter 78 of NRS.
2. Termination of the status of a close corporation does not affect any right of a shareholder or of the corporation under an agreement or the articles of incorporation unless invalidated by law.
Sec. 18. 1. Upon application of a stockholder, the court may appoint one or more persons to be custodians and, if the corporation is insolvent, to be receivers of any close corporation when:
(a) The business and affairs of the close corporation are managed by the stockholders who are so divided that the business of the corporation is suffering or is threatened with irreparable injury and any remedy with respect to such a deadlock provided in the certificate of incorporation or bylaws or in any written agreement of the stockholders has failed; or
(b) The petitioning stockholder has the right to dissolution of the corporation under a provision of the certificate of incorporation permitted by section 21 of this act.
2. If the court determines that it would be in the best interest of the corporation, the court may appoint a provisional director in lieu of appointing a custodian or receiver for a close corporation. Such an appointment does not preclude any subsequent order of the court appointing a custodian or receiver for the corporation.
Sec. 19. 1. Notwithstanding any contrary provision of the certificate of incorporation, the bylaws or an agreement of the stockholders, the court may appoint a provisional director for a close corporation if the shareholders or directors, if any, are so divided concerning the management of the business and affairs of the corporation that the votes required for action by the board of directors cannot be obtained, with the consequence that the business and affairs of the corporation cannot be conducted to the advantage of the stockholders generally.
2. An application for relief pursuant to this section must be filed:
(a) By at least one-half of the number of directors then in office;
(b) By the holders of at least one-third of all stock then entitled to elect directors; or
(c) If there is more than one class of stock then entitled to elect one or more directors, by the holders of two-thirds of the stock of each class.
κ1989 Statutes of Nevada, Page 947 (CHAPTER 440, SB 389)κ
The certificate of incorporation of a close corporation may provide that a lesser proportion of the directors, the stockholders or a class of stockholders may apply for relief under this section.
3. A provisional director:
(a) Must be an impartial person who is not a stockholder or a creditor of the corporation or of any subsidiary or affiliate of the corporation and whose further qualifications, if any, may be determined by the court.
(b) Is not a custodian or receiver of the corporation and does not have the title and powers of a custodian or receiver appointed under section 18 of this act.
(c) Has the rights and powers of an elected director of the corporation, including the right to notice of and to vote at meetings of directors, until such time as he may be removed by order of the court.
4. The compensation of a provisional director must be determined by agreement between the provisional director and the corporation subject to the approval of the court, which may fix his compensation in the absence of agreement or in the event of disagreement between the provisional director and the corporation.
Sec. 20. A written agreement among stockholders of a close corporation or any provision of the certificate of incorporation or of the bylaws of the corporation that relates to any phase of the affairs of the corporation, including, but not limited to, the management of its business, the declaration and payment of dividends or other division of profits, the election of directors or officers, the employment of stockholders by the corporation or the arbitration of disputes is not invalid on the ground that it is an attempt by the parties to the agreement or by the stockholders of the corporation to treat the corporation as if it were a partnership or to arrange relations among the stockholders or between the stockholders and the corporation in a manner that would be appropriate only among partners.
Sec. 21. 1. The certificate of incorporation of any close corporation may include a provision granting to any stockholder or to the holder of any specified number or percentage of shares of any class of stock an option to have the corporation dissolved at will or upon the occurrence of any specified event or contingency. Whenever any option to dissolve is exercised, the stockholders who exercise the option shall give written notice thereof to all other stockholders. Thirty days after the notice is sent, the dissolution of the corporation must proceed as if the required number of stockholders having voting power consented in writing to dissolution of the corporation as provided by NRS 78.320.
2. If the certificate of incorporation as originally filed does not contain a provision authorized by subsection 1, the certificate may be amended to include such a provision if adopted by the affirmative vote of the holders of all the outstanding stock, whether or not otherwise entitled to vote, unless the certificate of incorporation specifically authorizes such an amendment by a vote which is not less than two-thirds of all the outstanding stock, whether or not otherwise entitled to vote.
3. Each stock certificate in any corporation whose certificate of incorporation authorizes dissolution as permitted by this section must conspicuously note on the face of the certificate the existence of the provision or the provision is ineffective.
κ1989 Statutes of Nevada, Page 948 (CHAPTER 440, SB 389)κ
note on the face of the certificate the existence of the provision or the provision is ineffective.
Sec. 22. NRS 78.015 is hereby amended to read as follows:
78.015 1. The provisions of this chapter [shall] apply to:
(a) Corporations hereafter organized in this state except such corporations as are expressly excluded by the provisions of this chapter.
(b) Corporations whose charters are renewed or revived in the manner provided in NRS 78.730.
(c) Corporations organized and still existing under any prior act or any amendment thereto.
(d) Close corporations, unless otherwise provided in sections 2 to 21, inclusive of this act.
(e) All insurance companies, mutual fire insurance companies, surety companies, express companies, railroad companies, and public utility companies now existing and heretofore formed under any other act or law of this state [; subject , however,] , subject to special provisions concerning any class of corporations inconsistent with the provisions of this chapter, in which case such special provisions [shall] continue to apply.
2. Neither the existence of corporations formed or existing [prior to] before April 1, 1925, nor any liability, cause of action, right, privilege or immunity validly existing in favor of or against any such corporation on April 1, 1925, [shall be in any way] are affected, abridged, taken away or impaired by this chapter, or by any change in the requirements for the formation of corporations provided by this chapter, nor by the amendment or repeal of any laws under which such prior existing corporations were formed or created.
Sec. 23. NRS 78.030 is hereby amended to read as follows:
78.030 1. One or more natural persons may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, [under] pursuant and subject to the requirements of this chapter, by:
(a) Executing, acknowledging and filing in the office of the secretary of state articles of incorporation, or a certificate of incorporation; [and]
(b) Filing a [copy thereof,] certificate of acceptance of appointment, executed by the resident agent of the corporation, in the office of the secretary of state; and
(c) Filing copies of the articles or certificate of incorporation and the certificate of acceptance, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is to be located. The county clerk may microfilm [this copy] these copies for filing in his records rather than filing the [copy.] copies.
2. The articles of incorporation, or certificate of incorporation, must be as provided in NRS 78.035, and the secretary of state shall require it to be in the form [so] prescribed. If any articles or certificates are defective in this respect, the secretary of state shall return them for correction.
Sec. 24. NRS 78.050 is hereby amended to read as follows:
78.050 Upon [making] the filing of the certificate or articles of incorporation [, and causing the same to be filed, and paying the fees therefor,] and the certificate of acceptance pursuant to NRS 78.030, and the payment of the filing fees, the secretary of state shall issue to the corporation a certificate that the articles, containing the required statement of facts, have been filed in his office.
κ1989 Statutes of Nevada, Page 949 (CHAPTER 440, SB 389)κ
filing fees, the secretary of state shall issue to the corporation a certificate that the articles, containing the required statement of facts, have been filed in his office. [Thereupon,] From the date of the certificate, the persons so associating, their successors and assigns, [shall, from the date of the certificate, be and constitute] are a body corporate, by the name set forth in the certificate or articles, subject to dissolution as provided in this chapter.
Sec. 25. NRS 78.090 is hereby amended to read as follows:
78.090 1. [Every] Except during any period of vacancy described in NRS 78.097, every corporation shall have a resident agent, who may be either a natural person or a corporation, resident or located in this state, in charge of its principal office.
2. [Every resident agent shall, within 10 days after acceptance of an initial appointment as such, file a certificate thereof in the office of the secretary of state, and a copy of that certificate in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
3.] The resident agent may be any bank or banking corporation, or other corporation, located and doing business in this state, and [any such] the bank or corporation acting as resident agent may:
(a) Act as the fiscal or transfer agent of any state, municipality, body politic [,] or corporation and in that capacity may receive and disburse money.
(b) Transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness and act as agent of any corporation, foreign or domestic, for any purpose required by statute, or otherwise.
(c) Act as trustee under any mortgage or bond issued by any municipality, body politic [,] or corporation , and accept and execute any other municipal or corporate trust not inconsistent with the laws of this state.
(d) Receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between the corporation and those dealing with it.
[4.] 3. Every corporation organized [under] pursuant to this chapter that fails or refuses to comply with the requirements of this section [, for a period of 30 days,] is subject to a fine of not less than $100 nor more than $500, to be recovered with costs by the state, before any court of competent jurisdiction, by action at law [to be] prosecuted by the attorney general or by the district attorney of the county in which the action or proceeding to recover the fine is prosecuted.
[5.] 4. All legal process and any demand or notice authorized by law to be served upon a corporation may be served upon the resident agent of the corporation in the manner provided in subsection 2 of NRS 14.020. If any demand, notice or legal process, other than a summons and complaint, cannot be served upon the resident agent, it may be served in the manner provided in NRS 14.030. These manners and modes of service are in addition to any other service authorized by law.
Sec. 26. NRS 78.097 is hereby amended to read as follows:
78.097 1. Any [person who has been designated by a corporation as resident agent and who thereafter] resident agent who desires to resign [shall] must file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement [shall be duly] must be acknowledged.
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execution of the statement [shall be duly] must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.
2. Upon the filing of the statement with the secretary of state the capacity of the person as resident agent [shall terminate,] terminates, and the secretary of state [forthwith] shall forthwith give written notice, by mail, to the corporation of the filing of the statement and [the effect thereof.] its effect. The notice [shall] must be addressed to any officer of the corporation other than the resident agent.
3. If a [designated] resident agent dies, resigns or removes from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate [setting] of acceptance executed by the new resident agent. The certificate must set forth the name and complete address of [a newly designated] the new resident agent.
Sec. 27. NRS 78.110 is hereby amended to read as follows:
78.110 Whenever any corporation created [under the terms and provisions of] pursuant to this chapter desires to change the location within this state of its principal office, or change its resident agent, or both, [such] the change may be effected in the following manner:
1. The board of directors shall adopt a resolution reciting the change in the location of the principal office of the corporation within this state, or the change of the resident agent, or both.
2. The board of directors shall file a certificate containing a copy of the resolution, certified by the president and secretary, or vice president and assistant secretary, of the corporation, in the office of the secretary of state and in the office of the county clerk of the county [wherein] where the principal office of the corporation is located.
3. If the corporation changes its resident agent, the board of directors shall also file, in the manner required by subsection 2, a certificate of acceptance executed by the new resident agent.
4. From and after the time of the filing of copies of the resolution [, the change shall be effected.] and, if required, the certificate of acceptance, the change is effective.
Sec. 28. NRS 78.160 is hereby amended to read as follows:
78.160 Each corporation organized [under] pursuant to the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
1. File a list of its officers and directors [,] and a designation of its resident agent . [, and a certificate of acceptance signed by the resident agent.] The address of the resident agent must be the same as that of the principal office.
2. Pay to the secretary of state a fee of $30.
3. File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
Sec. 29. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, [which] that enters this state [for the purpose of doing] to do business must file:
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of Columbia, a dependency of the United States or a foreign country, [which] that enters this state [for the purpose of doing] to do business must file:
(a) In the office of the secretary of state of Nevada:
(1) A certificate of corporate existence issued not more than 90 days before the date of the filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached [thereto.] to the certificate.
(2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in, or another corporation with its principal office located in this state. The certificate must set forth the name and complete address of the resident agent.
(3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgements of deeds, setting forth:
(I) [The name and address of its resident agent in this state, who must be a natural person residing in, or another corporation with its principal office located in this state;
(II)] As of a date not earlier than 6 months before the date of filing, the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares, as set forth in the articles of incorporation as last amended; and
[(III)] (II) A general description of the purposes of the corporation.
(b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence and the certificate of acceptance, certified by the secretary of state.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose 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 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 that other corporation, 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 documents.
Sec. 30. NRS 80.070 is hereby amended to read as follows:
80.070 1. A foreign corporation may change its resident agent by filing with the secretary of state [a] :
(a) A certificate revoking the appointment of [such] the agent and designating a new resident agent, setting forth the name and complete address of [such agent.] that agent; and
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(b) A certificate of acceptance executed by the new agent.
2. Any person who has been designated by a foreign corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement [shall be duly] must be acknowledged.
3. Upon the filing of the statement provided for in subsection 2 with the secretary of state , the capacity of the person as resident agent [shall terminate,] terminates, and the secretary of state [forthwith] shall forthwith give written notice, by mail, to the corporation, of the filing of the statement and the effect thereof. The notice [shall] must be addressed to any officer of the corporation other than the resident agent.
4. If a designated resident agent dies, resigns or moves from the state, the corporation within 30 days thereafter, shall file with the secretary of state a certificate [setting] of acceptance executed by the new resident agent. The certificate must set forth the name and complete address of [a newly designated] the new resident agent.
Sec. 31. NRS 80.130 is hereby amended to read as follows:
80.130 Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:
1. File a list of officers and directors and a designation of its resident agent . [, and a certificate of acceptance signed by the resident agent.] The address of the resident agent must be the same as that of the principal office.
2. Pay to the secretary of state a fee therefor of $30.
Sec. 32. NRS 14.020 is hereby amended to read as follows:
14.020 1. Every incorporated company or association and every municipal corporation created and existing under the laws of any other state, territory, or foreign government, or the Government of the United States, owning property or doing business in this state, shall appoint and keep in this state an agent, who may be either an individual or a domestic corporation, upon whom all legal process may be served for [such] the corporation, association or municipal corporation as provided in subsection 2. [Such] The corporation, association or municipal corporation shall file a certificate [, properly authenticated by the proper officers of the company, association or municipal corporation, with the secretary of state, specifying the resident agents] of acceptance of appointment executed by its resident agent. The certificate must set forth the full name and address [, which address shall] of the resident agent, which must be the same as that of the principal office. The certificate [shall] must be renewed [by such municipal corporation as often as a change may be] in the manner required by NRS 80.070 whenever a change is made in [such] the appointment or a vacancy [shall occur in such] occurs in the agency . [, and by such incorporated company or association in the manner required by NRS 80.070.]
2. All legal process and any demand or notice authorized by law to be served upon [such] the foreign corporation may be served upon the resident agent personally or by leaving a true copy thereof with a person of suitable age and discretion at the address shown on the current certificate of acceptance filed with the secretary of state .
κ1989 Statutes of Nevada, Page 953 (CHAPTER 440, SB 389)κ
age and discretion at the address shown on the current certificate of acceptance filed with the secretary of state . [designating the resident agent of such corporation, association or municipal corporation.]
3. Subsection 2 provides an additional mode and manner of serving [such] process, demand or notice and does not affect the validity of any other service authorized by law.
Sec. 33. NRS 273.010 is hereby amended to read as follows:
273.010 1. Every municipal corporation organized in another state, [which shall hereafter enter this state for the purpose of doing business herein,] that enters this state to do business, shall, before commencing work or doing any business in this state, file in the office of the secretary of state [a] :
(a) A certified copy of its charter, or of the statute or statutes, or legislative, executive or governmental acts, or other instruments of authority by which it was created [.] ; and
(b) A certificate of acceptance of appointment executed by the resident agent of the corporation.
2. A certified copy [thereof, duly] of the charter, papers or other instruments and the certificate of acceptance, certified by the secretary of state of this state, [shall] must also be filed in the office of the county clerk of the county where the principal place of business of the municipality in this state is located.
Sec. 34. NRS 273.030 is hereby amended to read as follows:
273.030 On filing certified copies of charters, papers or other instruments [,] and the certificate of acceptance as required by NRS 273.010, and paying the fees required by NRS 273.020, the secretary of state shall issue to any such municipal corporation a certificate certifying that [such] the filings have been made and fees paid, and that the municipal corporation is authorized under the laws of the State of Nevada to do business within this state.
________
Senate Bill No. 170Senators Mello, Raggio, Hickey, Jacobsen, Beyer, Rawson, Rhoads, Wagner, Vergiels, Neal, Horn, Townsend and OConnell
CHAPTER 441
AN ACT making an appropriation to the division of archives and records of the state library and archives for the payment of certain relocation and moving expenses; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of archives and records of the state library and archives the sum of $112,000 for the payment of certain relocation and moving expenses.
κ1989 Statutes of Nevada, Page 954 (CHAPTER 441, SB 170)κ
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. 872Committee on Ways and Means
CHAPTER 442
AN ACT relating to the department of prisons; requiring the director of the department of prisons to notify the legislature of certain actions; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
The director of the department of prisons shall notify the senate standing committee on finance and the assembly standing committee on ways and means during a regular or special session of the legislature and the interim finance committee when the legislature is not in session of any:
1. Negotiations entered into by the department to resolve any potential or existing litigation which could have a fiscal effect that exceeds the amount budgeted for that purpose by the legislature; and
2. Plans regarding the location of any prison facility or institution.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 955κ
Assembly Bill No. 826Committee on Natural Resources, Agriculture and Mining
CHAPTER 443
AN ACT relating to the state department of agriculture; authorizing an officer or employee of the department to mail a check to the department in lieu of any money he collects in currency in a remote area of the state; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section to read as follows:
Any field agent, inspector, or other officer or employee of the department, who collects currency in payment of any taxes, assessments, proceeds of sale, fee or other charges imposed pursuant to this Title in an area of this state so remote that the currency can only be transmitted to the department by mail, may mail a check in lieu of the amount collected in currency.
________
Assembly Bill No. 636Committee on Judiciary
CHAPTER 444
AN ACT relating to district courts; requiring an additional district judge in the second judicial district; making an appropriation; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.012 is hereby amended to read as follows:
3.012 For the second judicial district there [shall be nine] must be 10 district judges.
Sec. 2. The additional district judge required for the second judicial district pursuant to section 1 of this act must be selected at the general election held on November 6, 1990, and shall take office on the first Monday of January 1991.
Sec. 3. 1. There is hereby appropriated from the state general fund to the district judges salary and the board of law library trustees budget accounts the sum of $41,522 for compensation during the fiscal year 1990-91 of the additional judge provided for in section 2 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 956 (CHAPTER 444, AB 636)κ
Sec. 4. 1. This section and sections 1 and 2 of this act become effective on July 1, 1989.
2. Section 3 of this act becomes effective July 1, 1990.
________
Assembly Bill No. 508Committee on Judiciary
CHAPTER 445
AN ACT relating to actions for the support of children; requiring the issuance of a temporary order for support in certain cases; prohibiting an employer from refusing to hire a person because his wages are to be withheld to pay support; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.405 is hereby amended to read as follows:
3.405 1. In an action to establish paternity the court may appoint a master to take testimony and recommend orders.
2. The court shall appoint a master to hear all cases in a county to establish or enforce an obligation for the support of a child unless the district attorney obtains an exemption pursuant to subsection 5.
3. The master must be an attorney licensed to practice in this state. The master:
(a) Shall take testimony and establish a record;
(b) In complex cases [may] shall issue temporary orders for support pending resolution of the case;
(c) Shall make findings of fact, conclusions of law and recommendations for the establishment and enforcement of an order;
(d) May accept voluntary acknowledgments of paternity or liability for support and stipulated agreements setting the amount of support;
(e) May, subject to confirmation by the district court, enter default orders against a responsible parent who does not respond to a notice or service within the required time; and
(f) Has any other power or duty contained in the order of reference issued by the court.
If the temporary order for support is issued in an action to establish paternity, the master shall order that the support be paid to the clerk of the court pending resolution of the case.
4. The findings of fact, conclusions of law and recommendations of the master must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the findings of fact, conclusions of law and recommendations, either party may file with the court and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter upon notice and motion.
κ1989 Statutes of Nevada, Page 957 (CHAPTER 445, AB 508)κ
objection is filed within the 10-day period, the court shall review the matter upon notice and motion.
5. The welfare division may exempt any county from the requirements of subsection 2 upon application to the welfare division by the district attorney of that county. The exemption must comply with the requirements of the Federal Government concerning proceedings for the collection of an obligation of support.
Sec. 2. NRS 31A.120 is hereby amended to read as follows:
31A.120 1. It is unlawful for an employer to use the withholding of wages and commissions to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or for taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action [for reinstatement] based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employees costs and attorneys fees incurred in that action.
2. If an employer wrongfully refuses to withhold from the wages and commissions of a responsible parent as required in the notice of withholding from the enforcing authority or knowingly misrepresents the income of the employee, he shall pay the amount he refused to withhold to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to honor the order of withholding or knowingly misrepresented the income of the employee.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 812Committee on Ways and Means
CHAPTER 446
AN ACT relating to pollution; authorizing the department of motor vehicles and public safety to establish a program to award grants from excess money in the pollution control fund; establishing criteria for the review and approval of applications for grants; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control fund which is hereby created as a special revenue fund:
(a) For the issuance and annual renewal of a license for an authorized station or a fleet station..................................................................................................................... $25
κ1989 Statutes of Nevada, Page 958 (CHAPTER 446, AB 812)κ
(b) For each set of 25 forms certifying emission control compliance.......... 75
(c) For each form issued to a fleet station......................................................... 3
2. [All] Except as otherwise provided in subsections, 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at the authorized station.
4. The department of motor vehicles and public safety may by regulation establish a program to award grants of excess money in the pollution control fund to air pollution control agencies established pursuant to NRS 445.456 or 445.546. As used in this subsection, excess money means the money in excess of $500,000 remaining in the pollution control fund at the end of the fiscal year.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445.630.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
Sec. 2. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
κ1989 Statutes of Nevada, Page 959 (CHAPTER 446, AB 812)κ
be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as otherwise provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by subsections 4 and 6 of NRS 284.115, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145, and NRS 353.220, 353.224, 352.335 and 428.375 [.] and subsection 6 of NRS 445.700. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 960κ
Assembly Bill No. 757Committee on Judiciary
CHAPTER 447
AN ACT relating to taxes on retail sales; creating a presumption that sales and use taxes have been paid on any used manufactured home or used mobile home for which a certificate of ownership has been issued in this state; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a certificate of ownership has been issued for a used manufactured home or used mobile home by the department of motor vehicles and public safety or the manufactured housing division of the department of commerce, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.
2. As used in this section, manufactures home and mobile home have the meanings ascribed to them in NRS 372.316.
Sec. 2. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a certificate of ownership has been issued for a used manufactured home or used mobile home by the department of motor vehicles and public safety or the manufactured housing division of the department of commerce, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.
2. As used in this section, manufactured home and mobile home have the meanings ascribed to them in NRS 374.321.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 690Committee on Elections
CHAPTER 448
AN ACT relating to campaign practices; prohibiting the use of the term reelect during an election campaign unless the candidate was previously elected to the office; prohibiting a person from indicating that he is an incumbent if he is not; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1989 Statutes of Nevada, Page 961 (CHAPTER 448, AB 690)κ
Sec. 2. A person shall not use the term reelect in any material, statement or publication supporting the election of a candidate unless the candidate:
1. Was elected to the identical office with the same district number, if any, in the most recent election to fill that office; and
2. Is serving and has served continuously in that office from the beginning of the term to which the candidate was elected.
Sec. 3. A person shall not use the name of a candidate in a way that implies that the candidate is the incumbent in office in any material, statement or publication supporting the election of a candidate unless:
1. The candidate is qualified to use the term reelect pursuant to section 2 of this act; or
2. The candidate:
(a) Was appointed to the identical office with the same district number, if any, after the most recent election to fill that office; and
(b) Is serving and has served continuously in that office since the date of appointment.
________
Assembly Bill No. 206Assemblymen Porter, Myrna Williams, Garner, Spinello, Sedway, Price, Brookman, Chowning, Wendell Williams, Arberry, Callister, Sader, Adler and Wisdom
CHAPTER 449
AN ACT relating to mobile homes; requiring the landlord of a mobile home park to disclose information concerning zoning to the tenant when a lot is initially rented; requiring the governing bodies of cities and counties to give notice to each tenant in a mobile home park of certain proposed changes in zoning; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:
Before a tenant signs an initial rental agreement for a mobile home lot, the landlord shall, by separate written document, disclose to him the zoning designations adopted pursuant to chapter 278 of NRS for the mobile home lot to be rented and for each parcel of land adjoining the mobile home park.
Sec. 2. NRS 268.270 is hereby amended to read as follows:
268.270 1. The city council [of the city] shall provide by ordinance the manner in which [such] the regulations and restrictions adopted pursuant to NRS 268.230 to 268.300, inclusive, and the boundary of [such district shall] the district must be determined, estimated and enforced and from time to time amended, supplemented or changed. [However, no]
2. No such regulation or restriction of boundary [shall] may become effective until a public hearing in relation thereto at which parties in interest and [citizens shall] other persons have an opportunity to be heard is held, the time for hearing to be fixed by the city council and notice to be given by [posting] :
κ1989 Statutes of Nevada, Page 962 (CHAPTER 449, AB 206)κ
and [citizens shall] other persons have an opportunity to be heard is held, the time for hearing to be fixed by the city council and notice to be given by [posting] :
(a) Posting and publication for a period of 30 days [.] ; and
(b) Mailing at least 10 days before the hearing notice to each tenant of a mobile home park if the park is located within 300 feet of the property in question.
Sec. 3. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts [shall] must be determined, established and enforced, and from time to time amended. [However, a]
2. A zoning regulation, restriction or boundary [shall] must not become effective until after a public hearing at which parties in interest and [citizens shall] other persons have an opportunity to be heard. At least 10 days notice of the time and place of the hearing [shall be published] must be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county, or region [.] ; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question.
Sec. 4. Chapter 497 of NRS is hereby amended by adding thereto a new section to read as follows:
Airport zoning regulations adopted pursuant to this chapter must provide that if a mobile home park is located within 300 feet of property for which a zoning change is proposed, notice of the proposed change must be mailed to each tenant of the park. The notice must be mailed 10 days before any hearing on the proposed change or, if no hearing is required, 30 days before the change is to become effective.
________
Assembly Bill No. 493Assemblymen Thompson, Garner, Bergevin, Price, Kerns, Fay, Myrna Williams, Adler, Humke, Jeffrey, Dini, McGaughey, Nevin, Swain, Freeman, Lambert, Kissam, Porter, Chowning, Diamond, Triggs, McGinness, Gaston and Wisdom
CHAPTER 450
AN ACT relating to law enforcement officers; directing the legislative commission to authorize the construction and maintenance of a memorial to Nevada law enforcement officers on the capitol complex; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative commission shall, upon compliance with the provisions of this section, permit the Nevada Conference of Police and Sheriffs to construct or install a memorial to the law enforcement officers of this state.
κ1989 Statutes of Nevada, Page 963 (CHAPTER 450, AB 493)κ
this state. The memorial must be constructed or installed at an appropriate location on the capitol complex as determined by the legislative commission.
2. The Nevada Conference of Police and Sheriffs shall submit to the legislative commission three alternative designs for the memorial. The legislative commission shall review the designs and select the one it considers most appropriate.
3. No public money may be spent for the design, construction or installation of the memorial.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 390Assemblymen Thompson, Porter, Regan, Swain, McGinness, Bogaert and Gaston
CHAPTER 451
AN ACT relating to insurance; prohibiting insurers from canceling agreements with agents because insureds submit claims; and providing other matters properly relating thereto.
[Approved June 23, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer shall not, without the written consent of the agent, cancel a written agreement with an agent or reduce or restrict the agents authority to transact property or casualty insurance based solely on the loss ratio experience on insurance transacted by that agent, if the agent was required to submit the applications for that insurance for underwriting approval, all material information on those applications was fully completed and the agent did not omit or alter any information provided by the applicants for that insurance.
2. As used in this section, loss ratio experience means the amount of money received by the insurer in payment of premiums divided by the amount of money expended by the insurer in payment of claims for a specified period.
Sec. 2. The provisions of section 1 of this act operate retroactively to apply to cancellations, reductions or restrictions begun on or after January 1, 1989.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 964κ
Assembly Bill No. 771Assemblyman Callister (by request)
CHAPTER 452
AN ACT relating to arson; expanding the crime of arson in the third degree to include the burning of certain unoccupied personal property in which another person has a legal interest; authorizing the imposition of certain costs related to the crime of arson; and providing other matters properly relating thereto.
[Approved June 24, 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 a new section to read as follows:
The court may, in addition to imposing the penalties set forth in NRS 205.010, 205.015, 205.020, 205.025 or 205.030, order the person to pay:
1. Court costs;
2. The costs of providing police and fire services related to the crime; or
3. The costs of the investigation and prosecution of the crime,
or any combination of subsections 1, 2 and 3.
Sec. 2. NRS 205.020 is hereby amended to read as follows:
205.020 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of:
1. Any unoccupied personal property of another which has the value of $25 of more; [or]
2. Any unoccupied personal property owned by him in which another person has a legal interest; or
3. Any timber, forest, shrubbery, crops, grass, vegetation or other flammable material not his own,
is guilty of arson in the third degree and shall be sentenced to imprisonment 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.
________
κ1989 Statutes of Nevada, Page 965κ
Assembly Bill No. 754Committee on Commerce
CHAPTER 453
AN ACT relating to mortgage companies; authorizing the commissioner of financial institutions to exempt certain persons from the provisions governing the making of a loan; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may apply to the commissioner for an exemption from the provisions of this chapter governing the making of a loan of money.
2. The commissioner may grant the exemption if he finds that:
(a) The making of the loan would not be detrimental to the financial condition of the lender, borrower or person who is providing the money for the loan;
(b) The lender, borrower or person who is providing the money for the loan has established a record of sound performance, efficient management, financial responsibility and integrity;
(c) The making of the loan is likely to increase the availability of capital for a sector of the state economy; and
(d) The making of the loan is not detrimental to the public interest.
3. The commissioner:
(a) May revoke an exemption unless the loan for which the exemption was granted has been made; and
(b) Shall issue a written statement setting forth the reasons for his decision to grant, deny or revoke an exemption.
Sec. 2. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. Commissioner means the commissioner of financial institutions.
2. Depository financial institution means a bank, savings and loan association, thrift company or credit union.
3. Mortgage company means any person who, directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property, unless the loans are made pursuant to subsection [6 or] 8 or 10 of NRS 645B.015;
(d) Holds himself out as being able to buy or sell notes secured by liens on real property; or
(e) Offers for sale in this state any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property.
κ1989 Statutes of Nevada, Page 966 (CHAPTER 453, AB 754)κ
Sec. 3. NRS 645B.015 is hereby amended to read as follows:
645B.015 The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state, any other state or the United States relating to banks, [mutual] savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies [,] or insurance companies . [or]
2. A real estate investment [trusts] trust as defined in 26 U.S.C. § 856.
[2.] 3. An employee benefit plan as defined in 29 U.S.C. § 1002(3) if the loan is made directly from money in the plan by the plans trustee.
4. An attorney at law rendering services in the performance of his duties as attorney at law.
[3.] 5. A real estate broker rendering services in the performance of his duties as a real estate broker.
[4.] 6. Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by [means of] a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the Department of Housing and Urban Development and the Veterans Administration.
A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 of NRS 645B.175 or offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 and subsection 3 of NRS 645B.175.
[5.] 7. Any person doing any act under order of any court.
[6.] 8. Any one natural person, or husband and wife, who provides [funds] money for investment in loans secured by a lien on real property, on his own account.
[7.] 9. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
[8.] 10. A seller of real property who offers a credit secured by a mortgage of the property sold.
Sec. 4. NRS 645B.191 is hereby amended to read as follows:
645B.191 [No] Except pursuant to a contract for the collection or servicing of a loan which is governed by the requirements established by the Government National Mortgage Association, Federal Home Loan Mortgage Corporation or Federal National Mortgage Association, no mortgage company may advance payments to an investor on behalf of a person who has obtained a loan secured by a lien on real property and who has defaulted in his payments.
κ1989 Statutes of Nevada, Page 967 (CHAPTER 453, AB 754)κ
obtained a loan secured by a lien on real property and who has defaulted in his payments.
________
Assembly Bill No. 753Committee on Government Affairs
CHAPTER 454
AN ACT relating to municipal courts; extending certain provisions concerning municipal courts to the City of Las Vegas; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.005 is hereby amended to read as follows:
266.005 [The] Except as otherwise provided in a citys charter, the provisions of this chapter shall not be applicable to incorporated cities in the State of Nevada organized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article VIII of the constitution of the State of Nevada.
Sec. 2. Section 4.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 208, Statutes of Nevada 1985, at page 674, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
1. There is a municipal court of the city which consists of at least two departments [.] , each of which must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapters 5 and 266 of NRS which relate to municipal courts.
2. The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.
3. At the first general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of 2 or 4 years, as determined by the city council, in order to effectuate the intent of this provision that, as nearly as practicable, one-half of the number of municipal judges be elected every 2 years.
4. The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.
________
κ1989 Statutes of Nevada, Page 968κ
Assembly Bill No. 742Assemblyman Arberry
CHAPTER 455
AN ACT relating to public works; raising the estimated cost threshold requiring the advertisement for sealed bids on construction projects for the state; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 341.148 is hereby amended to read as follows:
341.148 1. Except as provided in subsection 2, the board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The board may accept bids on either the whole or a part of the construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result to the lowest bidder.
2. The board is not required to advertise for sealed bids for construction projects if the estimated cost is less than [$10,000,] $25,000, but the board may solicit firm written bids from not less than two licensed contractors doing business in the area and may award the contract to the lowest bidder or reject all bids.
________
Assembly Bill No. 739Committee on Government Affairs
CHAPTER 456
AN ACT relating to peace officers; expanding the definition of peace officer to include investigators of arson; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables and their deputies when carrying out their official duties;
4. Investigators of arson for fire departments who are full-time, paid employees of the fire departments when carrying out their official duties;
κ1989 Statutes of Nevada, Page 969 (CHAPTER 456, AB 739)κ
5. Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;
[5.] 6. Marshals and policemen of cities and towns; and
[6.] 7. Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 733Committee on Judiciary
CHAPTER 457
AN ACT relating to gaming; allowing a person to own or lease slot machines for home use without obtaining a gaming license; allowing owners of slot machines for home use to sell machines in accordance with the regulations of the Nevada gaming commission; requiring the licensing of a person who manufactures, sells or distributes any gaming device for distribution outside of Nevada; and providing other matters properly relating thereto.
[Approved June 24, 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] Except as otherwise provided in subsection 3, 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, gaming device, slot machine, 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,
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] Except as otherwise provided in subsection 3, it is unlawful for any person knowingly to permit any gambling game, slot machine, 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 pursuant to this chapter, or his employee.
3. The commission may, by regulation, authorize a person to own or lease slot machines for the limited purpose of display or use in the persons private residence without procuring a state gaming license.
κ1989 Statutes of Nevada, Page 970 (CHAPTER 457, AB 733)κ
Sec. 2. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 [and 3,] , 3 and 4, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license or the holding company of a corporate licensee may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributors license.
4. The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.
5. Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
[5.] 6. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
[6.] 7. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
[7.] 8. As used in this section, holding company has the meaning ascribed to it in NRS 463.485.
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 971κ
Assembly Bill No. 731Committee on Judiciary
CHAPTER 458
AN ACT relating to crimes concerning gaming; adding various prohibitions relating to cheating in gaming; requiring the Nevada gaming control board to destroy devices for cheating in accordance with regulations adopted by the Nevada gaming commission; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 465.080 is hereby amended to read as follows:
465.080 1. It is unlawful for any licensee, employee or other person to use counterfeit chips in a gambling game.
2. It is unlawful for any person, in playing or using any gambling game designed to be played with, receive or be operated by chips or tokens approved by the state gaming control board or by lawful coin of the United States of America:
(a) Knowingly to use other than chips or tokens approved by the state gaming control board or lawful coin, legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in that gambling game; or
(b) To use any device or means to violate the provisions of this chapter.
3. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within [such] an establishment, to have on his person or in his possession any device intended to be used to violate the provisions of this chapter.
4. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within [such] an establishment, to have on his person or in his possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, drop box or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.
5. It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, paraphernalia for manufacturing slugs means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips or tokens approved by the state gaming control board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 2. The term includes, but is not limited to:
(a) Lead or lead alloys;
(b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;
(c) Melting pots or other receptacles;
(d) Torches; and
(e) Tongs, trimming tools or other similar equipment.
κ1989 Statutes of Nevada, Page 972 (CHAPTER 458, AB 731)κ
6. Possession of more than one of the devices , equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.
Sec. 2. NRS 465.085 is hereby amended to read as follows:
465.085 1. It is unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of this chapter.
2. It is unlawful to mark, alter or otherwise modify any associated equipment or gaming device, as defined in chapter 463 of NRS, in a manner that:
(a) Affects the result of a wager by determining win or loss; or
(b) Alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game.
3. It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of this chapter.
Sec. 3. NRS 465.110 is hereby amended to read as follows:
465.110 1. After the final adjudication of a complaint involving a violation of this chapter or chapters 462 to 464, inclusive, of NRS, or of any other complaint involving the seizure of evidence by an agent of the board, the court shall enter an appropriate order disposing of all physical evidence pertaining to the complaint, whether or not the evidence was introduced as an exhibit.
2. Except as otherwise provided in subsection 3, evidence seized by an agent of the board which does not result in a complaint charging a violation of the law must be disposed of as follows:
(a) The board shall notify by certified mail each potential claimant of the evidence that he has 30 days after receipt of the notice within which to file a written claim with the board for return of the evidence.
(b) If more than one person files a claim for the evidence, the board may file an action as an interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant.
(c) A person who receives property from the board pursuant to this section shall execute such documents as are required by the board to defend, hold harmless, indemnify and release the board from any liability arising from the delivery of the property to the claimant.
(d) If no claim is submitted, the board shall deposit all money in the state treasury for credit to the state general fund and may use all other property for any lawful purpose. The board may dispose of any property which cannot be used for any lawful purpose in the manner provided in NRS 179.165.
3. Evidence which constitutes a device for cheating may not be returned to a claimant and must be retained by the board. The board [may] shall periodically destroy such devices in the manner provided [in NRS 179.165.] by regulations adopted by the commission.
________
κ1989 Statutes of Nevada, Page 973κ
Assembly Bill No. 722Committee on Government Affairs
CHAPTER 459
AN ACT relating to counties; revising the provisions governing the county travel revolving fund; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.350 is hereby amended to read as follows:
245.350 1. The board of county commissioners of any county may, by [order] resolution of the board [and for the purpose of providing advance money to county officers and employees for travel expenses and subsistence allowances, create a fund, designated the county travel revolving fund in amounts as follows:
(a) In counties having a population of 250,000 or more the fund shall not exceed $7,000.
(b) In counties having a population under 250,000, the fund shall not exceed $2,500.
2. The county treasurer shall deposit the money in the county travel revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS.
3. Notwithstanding the provisions of any other law, the county treasurer or his deputy shall sign all checks and warrants drawn upon the county travel revolving fund.] , create a county travel revolving fund to provide advances of money to county officers and employees for authorized subsistence allowances and travel expenses arising out of their official duties or employment, in the amounts provided in NRS 245.060.
2. The resolution must set forth:
(a) The maximum amount of money that may be held in the fund;
(b) The source of the money to be used to establish and maintain the fund; and
(c) The method of controlling advances from the fund and reimbursing the fund for amounts advanced.
3. The resolution may authorize certain officers or employees to disburse money from the fund without the approval of the board of county commissioners. The resolution must require reimbursement of the fund upon return of the officer or employee by proper documentation for the money advanced which must be approved by the board of county commissioners before the reimbursement is made.
4. All money advanced from the fund constitutes a lien in favor of the county upon the accrued wages of the officer or employee to whom the advance was made. The county may advance more money from the fund to an officer or employee than the amount of his currently accrued wages.
Sec. 2. NRS 245.360, 245.370 and 245.380 are hereby repealed.
________
κ1989 Statutes of Nevada, Page 974κ
Assembly Bill No. 689Committee on Government Affairs
CHAPTER 460
AN ACT relating to the City of Las Vegas; repealing the prohibition against mortgaging, hypothecating or pledging any property of the city; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Sec. 2.140 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 639, Statutes of Nevada 1985, at page 2086, is hereby amended to read as follows:
Sec. 2.140 [1.] The city council may:
[(a)] 1. Erect and maintain all buildings which are necessary for the use of the city.
[(b)] 2. Purchase, receive, hold, sell, lease, convey and dispose of property, real, personal or mixed and wherever situate, for the benefit of the city, improve and protect that property and do all other things in relation to that property which a natural person might or could do.
[(c)] 3. Acquire property within or without the corporate boundaries of the city for any city purpose, in fee simple or any lesser interest or estate, by purchase, exchange, gift, demise, lease or condemnation.
[(d)] 4. Sell, exchange, lease, hold, manage and control the property of the city as the interest of the city may require or as will result in the maximum benefit to the city from that action.
[(e)] 5. Purchase or sell property for economic development. Any property which is purchased or sold for economic development may be purchased or sold above, at or below its fair market value upon a finding by the city council that the purchase or sale of that property will have a favorable effect upon the economic development of the city.
[2. The city council may not, except as is otherwise specifically provided in this charter or in any other law, mortgage, hypothecate or pledge any property of the city for any purpose.]
________
κ1989 Statutes of Nevada, Page 975κ
Assembly Bill No. 686Committee on Judiciary
CHAPTER 461
AN ACT relating to governmental affairs; increasing certain fees required to be paid to the secretary of state by certain corporations and other persons; requiring the filing of certain documents with the secretary of state; specifying certain activities that do not constitute doing business in this state; limiting the duration of certain voting trusts and agreements; removing the restriction concerning the private activities of certain employees of the secretary of state; authorizing the secretary of state to establish a trust account with the state treasurer for the deposit of advance fees; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 78.090 is hereby amended to read as follows:
78.090 1. Every corporation shall have a resident agent, who may be either a natural person or a corporation, resident or located in this state . [, in charge of its principal office.]
2. Every resident agent shall, within 10 days after acceptance of an initial appointment as such, file a certificate thereof in the office of the secretary of state, and a copy of that certificate in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
3. The resident agent may be any bank or banking corporation, or other corporation, located and doing business in this state, and any such bank or corporation acting as resident agent may:
(a) Act as the fiscal or transfer agent of any state, municipality, body politic, or corporation and in that capacity may receive and disburse money.
(b) Transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness and act as agent of any corporation, foreign or domestic, for any purpose required by statute, or otherwise.
(c) Act as trustee under any mortgage or bond issued by any municipality, body politic, or corporation and accept and execute any other municipal or corporate trust not inconsistent with the laws of this state.
(d) Receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between the corporation and those dealing with it.
4. Every corporation organized under this chapter that fails or refuses to comply with the requirements of this section, for a period of 30 days, is subject to a fine of not less than $100 nor more than $500, to be recovered with costs by the state, before any court of competent jurisdiction, by action at law to be prosecuted by the attorney general or by the district attorney of the county in which the action or proceeding to recover the fine is prosecuted.
5. All legal process and any demand or notice authorized by law to be served upon a corporation may be served upon the resident agent of the corporation in the manner provided in subsection 2 of NRS 14.020. If any demand, notice or legal process, other than a summons and complaint, cannot be served upon the resident agent, it may be served in the manner provided in NRS 14.030.
κ1989 Statutes of Nevada, Page 976 (CHAPTER 461, AB 686)κ
NRS 14.030. These manners and modes of service are in addition to any other service authorized by law.
Sec. 2. NRS 78.150 is hereby amended to read as follows:
78.150 1. Each corporation organized under the laws of this state shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of [$30.] $50.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by law.
Sec. 3. NRS 78.160 is hereby amended to read as follows:
78.160 Each corporation organized under the laws of this shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
1. File a list of its officers and directors, a designation of its resident agent, and a certificate of acceptance signed by the resident agent. The address of the resident agent must be the same as that of the principal office.
2. Pay to the secretary of state a fee of [$30.] $50.
3. File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
Sec. 4. NRS 78.170 is hereby amended to read as follows:
78.170 1. Each corporation required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default there must be added to the amount of the fee a penalty of [$10,] $15, and unless the filing is made and the fee and penalty are paid on or before the [1st] first day of the [9th] ninth month following the month in which filing was required, the defaulting corporation, by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty must be collected as provided in this chapter.
Sec. 5. NRS 78.365 is hereby amended to read as follows:
78.365 1. A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote thereon for a period not exceeding [15] 10 years upon the terms and conditions therein stated. Any certificates of stock so transferred must be surrendered and canceled and new certificates therefor issued to the trustee or trustees in which it must appear that they are issued pursuant to the agreement, and in the entry of ownership in the proper books of the corporation that fact must also be noted, and thereupon the trustees may vote upon the stock so transferred during the terms of the agreement. A duplicate of every such agreement must be filed in the principal office of the corporation and at all times during its terms be open to inspection by any stockholder or his attorney.
κ1989 Statutes of Nevada, Page 977 (CHAPTER 461, AB 686)κ
of every such agreement must be filed in the principal office of the corporation and at all times during its terms be open to inspection by any stockholder or his attorney.
2. At any time within the 2 years next preceding the expiration of an agreement entered into pursuant to the provisions of subsection 1, or the expiration of an extension of that agreement, any beneficiary of the trust may, by written agreement with the trustee or trustees, extend the duration of the trust for a time not to exceed 10 years after the scheduled expiration date of the original agreement or the latest extension. An extension is not effective unless the trustee, before the expiration date of the original agreement or the latest extension, files a duplicate of the agreement providing for the extension in the principal office of the corporation. An agreement providing for an extension does not affect the rights or obligations of any person not a party to that agreement.
3. An agreement between two or more stockholders, if in writing and signed by them, may provide that in exercising any voting rights the stock held by them must be voted upon:
(a) Pursuant to the provisions of the agreement;
(b) As they may subsequently agree; or
(c) In accordance with a procedure agreed upon.
4. An agreement entered into pursuant to the provisions of subsection 3 is not effective for a term of more than 10 years, but at any time within the 2 years next preceding the expiration of the agreement the parties thereto may extend its duration for as many additional periods, each not to exceed 10 years, as they wish.
5. An agreement entered into pursuant to the provisions of subsection 1 or 3 is not invalidated by the fact that by its terms its duration is more than 10 years, but its duration shall be deemed amended to conform with the provisions of this section.
Sec. 6. NRS 78.403 is hereby amended to read as follows:
78.403 1. A corporation may restate, or amend and restate, in a single certificate the entire text of its articles of incorporation as amended by filing with the secretary of state a certificate entitled Restated Articles of Incorporation of ..........................., which must set forth the articles as amended to the date of the certificate. If the certificate alters or amends the articles in any manner, it must comply with the provisions of this chapter governing such amendments [.] and must be accompanied by:
(a) A resolution; or
(b) A form prescribed by the secretary of state,
setting forth which provisions of the articles of incorporation on file with the secretary of state are being altered or amended.
2. If the certificate does not alter or amend the articles, it must be signed by the president or vice president and the secretary or assistant secretary of the corporation and must be verified by their signed affidavits that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of articles of incorporation as amended to the date of the certificate.
3. The signatures and acknowledgments of the incorporators may be omitted from the restated articles.
κ1989 Statutes of Nevada, Page 978 (CHAPTER 461, AB 686)κ
4. Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed subsequent to the restated articles and certified copies of all certificates supplementary to the original articles.
Sec. 7. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation or agreements of consolidation providing for shares is prescribed in the following schedule:
If the amount represented by the total number of shares provided for in the articles or agreement is:
$25,000 or less..................................................................................... [$75] $125
Over $25,000 and not over $75,000................................................ [100] 175
Over $75,000 and not over $200,000............................................. [150] 225
Over $200,000 and not over $500,000........................................... [250] 325
Over $500,000 and not over $1,000,000........................................ [300] 425
Over $1,000,000:
For the first $1,000,000......................................................... [300] 425
For each additional $500,000 or fraction thereof............ [150] 225
2. The maximum fee which may be charged under this section is $25,000 for:
(a) The original filing of articles of incorporation or agreements of consolidation.
(b) A subsequent filing of any instrument which authorizes an increase in capital stock.
3. For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation is:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for;
(b) The product of the number of shares multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
The value of a corporate share must not be less than one-tenth of a cent.
Sec. 8. NRS 78.765 is hereby amended to read as follows:
78.765 1. The fee for filing a certificate of amendment to a certificate of incorporation in order to increase the corporations authorized capital stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized capital stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase.
κ1989 Statutes of Nevada, Page 979 (CHAPTER 461, AB 686)κ
2. In no case may the amount be less than [$50.] $75.
Sec. 9. NRS 78.767 is hereby amended to read as follows:
78.767 The fee for filing restated articles of incorporation is [$75.] $100.
Sec. 10. NRS 78.770 is hereby amended to read as follows:
78.770 1. The fee for filing a certificate of consolidation or merger of two or more domestic corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations.
2. The fee for filing a certificate of consolidation or merger of one or more domestic corporations with one or more foreign corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations which have paid fees as required by NRS 78.760 and 80.050.
3. In no case may the amount be paid be less than [$50,] $75, and in no case may the amount paid pursuant to subsection 2 exceed $25,000.
Sec. 11. NRS 78.775 is hereby amended to read as follows:
78.775 The fee for filing:
1. An amended certificate of incorporation before payment of capital and not involving an increase of authorized capital stock;
2. An amendment to the certificate of incorporation not involving an increase of authorized capital stock;
3. A certificate of reduction of capital; or
4. A certificate of retirement of preferred stock,
is [$50.] $75.
Sec. 12. NRS 78.780 is hereby amended to read as follows:
78.780 1. The fee for filing a certificate of extension in renewal of corporate existence of any corporation is an amount equal to one-fourth of the fee computed at the rates specified in NRS 78.760 for filing the original certificate of incorporation.
2. The fee for filing a certificate of dissolution whether it occurs before or after payment of capital and beginning of business is [$20.] $30.
Sec. 13. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of a corporations principal office or resident agent, or a new designation of resident agent [following a resignation, death or removal from the state of the resident agent previously designated, is $10.] is $15.
2. The fee for filing a designation of resident agent, other than as provided in NRS 78.160, is $25.
3. The fee for certifying articles of incorporation where a copy is provided is [$5.] $10.
4. The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, is $5.
5. The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $5.
6. The fee for clarifying the reservation of a corporate name is [$5.] $10.
κ1989 Statutes of Nevada, Page 980 (CHAPTER 461, AB 686)κ
7. The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is $10.
8. The fee for executing, certifying or filing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is $20.
9. The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.
10. The fee for copies made at the office of the secretary of state is $1 per page.
11. The fee for copying and providing the copy of the list of the corporate officers is the fee for copying the necessary pages.
12. The fee for filing a certificate of the change of address of a resident agent is [$10,] $15, plus $1 for each corporation which he represents.
13. The fee for filing articles of incorporation, agreements or certificates of consolidation, certificates of merger or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 78.770, on the basis of the amount of basic surplus of the insurer.
Sec. 14. Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of this chapter, except those provisions relating to civil actions against foreign corporations, the activities that do not constitute doing business in this state include:
1. Making sales through independent contractors;
2. Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state; and
3. Isolated transactions completed within 30 days and not a part of a series of similar transactions.
Sec. 15. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which enters this state for the purpose of doing business must file:
(a) In the office of the secretary of state of Nevada:
(1) A certificate of corporate existence issued not more than 90 days before the date of the filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached thereto.
(2) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:
κ1989 Statutes of Nevada, Page 981 (CHAPTER 461, AB 686)κ
(I) The name and address of its resident agent in this state, who must be a natural person residing in, or another corporation with its principal office located in this state; and
(II) [As of a date not earlier than 6 months before the date of filing, the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares, as set forth in the articles of incorporation as last amended; and
(III)] A general description of the purposes of the corporation.
(3) A copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.
(b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence certified by the secretary of state.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose 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 that other corporation, 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 documents.
Sec. 16. NRS 80.050 is hereby amended to read as follows:
80.050 1. Foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, but the amount of fees to be charged must not exceed:
(a) The sum of $25,000 for filing documents for initial qualification; or
(b) The sum of $25,000 for each subsequent filing of a certificate increasing authorized capital stock.
2. If the corporate documents required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be [considered] deemed to be without par value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.
3. The fee for filing notice of withdrawal from the State of Nevada by a foreign corporation is [$25.] $30.
Sec. 17. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
κ1989 Statutes of Nevada, Page 982 (CHAPTER 461, AB 686)κ
resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of [$30.] $50.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.
Sec. 18. NRS 80.130 is hereby amended to read as follows:
80.130 Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:
1. File a list of its officers and directors and a designation of its resident agent, and a certificate of acceptance signed by the resident agent. The address of the resident agent must be the same as that of the principal office.
2. Pay to the secretary of state a fee therefor of [$30.] $50.
Sec. 19. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, which refuses or neglects to do so within the time provided, shall be deemed in default.
2. For default there must be added to the amount of the fee a penalty of [$10,] $15, and unless the filing is made and the fee and penalty are paid on or before the [1st] first day of the [2nd] second month following the month in which filing was required, the defaulting corporation by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty must be collected as provided in this chapter.
Sec. 20. NRS 81.0075 is hereby amended to read as follows:
81.0075 1. Any nonprofit corporation formed under the laws of this state may be dissolved and its affairs wound up voluntarily by the written request of two-thirds of the members. The request must:
(a) Be addressed to the directors.
(b) Specify reasons why the winding up of the affairs of the corporation is deemed advisable.
(c) Name three persons who are members to act in liquidation and in winding up the affairs of the corporation, a majority of whom thereupon have full power to do all things necessary to liquidation.
2. Upon the filing of the request with the directors and a copy thereof in the [office of] offices of the secretary of state and the county clerk of the county where the principal business is transacted, all powers of the directors cease and the persons appointed shall:
(a) Wind up the corporation;
(b) Realize upon its assets;
(c) Pay its debts; and
(d) Distribute the residue of its money and property as follows:
κ1989 Statutes of Nevada, Page 983 (CHAPTER 461, AB 686)κ
(1) Assets held by the corporation on the condition that upon dissolution they be returned, transferred or conveyed must be returned, transferred or conveyed as required;
(2) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance upon dissolution, must be transferred or conveyed to one or more domestic or foreign corporations, societies or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution;
(3) Other assets, if any, must be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others; and
(4) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations, whether for profit or nonprofit, as may be specified in a plan of distribution,
within a time to be named in the written request, or such further time as may be granted them by two-thirds of the members in writing, filed in the office of the county clerk.
3. Upon the completion of the liquidation, the corporation shall be deemed dissolved.
Sec. 21. NRS 81.280 is hereby amended to read as follows:
81.280 1. Any association formed or consolidated under NRS 81.170 to 81.280, inclusive, may be dissolved and its affairs wound up voluntarily by the written request of two-thirds of the members. [Such request shall:] The request must:
(a) Be addressed to the directors.
(b) Specify reasons why the winding up of the affairs of the association is deemed advisable.
(c) Name three persons who are members to act in liquidation and in winding up the affairs of the association, a majority of whom [shall] thereupon have full power to do all things necessary to liquidation.
2. Upon the filing of the request with the directors and a copy thereof in the [office of] offices of the secretary of state and the county clerk of the county where the principal business is transacted, all powers of the directors [shall] cease and the persons appointed shall proceed:
(a) To wind up the association,
(b) To realize upon its assets,
(c) To pay its debts,
(d) To divide the residue of its money among the members, share and share alike,
within a time to be named in the written request, or such further time as may be granted them by two-thirds of the members in writing, filed in the office of the county clerk.
3. Upon the completion of [such] the liquidation the association shall be deemed dissolved.
κ1989 Statutes of Nevada, Page 984 (CHAPTER 461, AB 686)κ
4. No receiver of any such association, or of any property thereof, or of any right therein, can be appointed by any court, upon the application of any member, [save] except after due process of law.
Sec. 22. NRS 89.090 is hereby amended to read as follows:
89.090 1. Each professional corporation shall, on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in the corporation and shall certify that all stockholders, directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state. The statement must be made on a form prescribed by the secretary of state, but must not contain any fiscal or other information except that expressly called for by this section. The statement must be signed by the president or vice president of the corporation. The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.
2. Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of [$30.] $50. For default there must be added to the amount of the fee a penalty of $15.
Sec. 23. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. Except as provided in subsection 6, a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed before the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
3. A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse.
κ1989 Statutes of Nevada, Page 985 (CHAPTER 461, AB 686)κ
public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.
4. Except as provided in subsection 7, a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number.
5. The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement, for an amendment or for a continuation statement is [$5] $10 if the document is in the standard form prescribed by the secretary of state and otherwise is [$6,] $15, plus $1 for each additional debtor [.] or trade name. The secured party may at his option show a trade name for any person.
6. If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
7. When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
Sec. 24. NRS 104.9404 is hereby amended to read as follows:
104.9404 1. If a financing statement covering consumer goods is filed on or after July 1, 1975, then within 1 month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number.
κ1989 Statutes of Nevada, Page 986 (CHAPTER 461, AB 686)κ
identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with subsection 2 of NRS 104.9405, including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within 10 days after proper demand therefor he is liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.
2. On presentation to the filing officer of such a termination statement he shall note it in the index. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.
3. If the termination statement is in the standard form required by the secretary of state, the uniform fee for filing and indexing the termination statement is [$5,] $10, and otherwise is [$6,] $15, plus $1 for each additional debtor [.] or trade name.
4. If the filing officer has microfilmed the original documents, he shall make copies of the microfilmed documents, mark the copies terminated and send or deliver to the secured parties and to the debtor the copies marked terminated.
Sec. 25. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark it as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment is [$5] $10 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$6.] $15, plus $1 for each additional debtor or trade name.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned.
κ1989 Statutes of Nevada, Page 987 (CHAPTER 461, AB 686)κ
statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment is [$5] $10 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$6.] $15, plus $1 for each additional debtor or trade name. Notwithstanding the provisions of this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection 6 of NRS 104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
3. After the disclosure of filing of an assignment under this section, the assignee is the secured party of record.
4. Where the filing officer maintains a microfilm system he may, after microfilming the original document and making the appropriate notations, return it to the person who presented it for filing.
Sec. 26. NRS 104.9406 is hereby amended to read as follows:
104.9406 A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the hour and date upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release is [$5] $10 if the statement is in the standard form prescribed by the secretary of state and otherwise [$6.] $15, plus $1 for each additional debtor or trade name.
Sec. 26.5 Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The secretary of state may establish a trust account, designated the secretary of states trust account for advance fees, with the state treasurer in which persons who require the services of the secretary of state may deposit advance fees for payment of those services. Unless the appropriate fee accompanies the request for service, upon providing the service, the secretary of state shall cause the account to be debited.
κ1989 Statutes of Nevada, Page 988 (CHAPTER 461, AB 686)κ
2. The secretary of state shall prescribe, by regulation, the services for which advance fees may be deposited with the state treasurer and paid for upon providing the service. The state treasurer, upon consultation with the secretary of state and the state controller, shall prescribe the procedure for the deposit and withdrawal of money from the trust account.
3. The money in the trust account must be invested as other state funds are invested. Any interest earned on the deposits or investments of the money in the trust account must be credited to the state general fund.
Sec. 27. NRS 225.060 is hereby amended to read as follows:
225.060 1. The secretary of state may, under his hand and seal, appoint deputies in the unclassified service of the state, who may, during his absence from the office, perform all the duties of a ministerial nature belonging to the office.
2. For his own security, the secretary of state may require each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.
3. Such deputies [and other employees] shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.
Sec. 27.5 NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page.............................................................. $1.00
For a copy of any document required to be filed pursuant to Title 24 of NRS, per page....................................................................................................... .50
For certifying to any such copy and use of the state seal, for each impression 5.00
For registering a mark, insignia or name................................................ 25.00
For the delivery of an attested certificate of the record of the registration of a mark, insignia or name...................................................................... 5.00
For each passport or other document signed by the governor and attested by the secretary of state................................................................................. 10.00
For a negotiable instrument returned unpaid....................................... 10.00
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
κ1989 Statutes of Nevada, Page 989 (CHAPTER 461, AB 686)κ
(d) May charge a reasonable fee, not to exceed $50, for providing special services including, but not limited to, providing service on the day it is requested or within 24 hours.
3. All fees collected pursuant to paragraph (d) of subsection 2 must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year must be carried forward into the next fiscal year. Money in the account may be transferred to the secretary of states operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service [on] :
(a) On the day it is requested or within 24 hours [.] ; or
(b) Necessary to increase or maintain the efficiency of the office.
Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.
Sec. 28. NRS 225.155 is hereby amended to read as follows:
225.155 1. If any money is paid to the secretary of state which exceeds by less than [$5] $15 the amount required by law to be paid, the secretary of state shall deposit the excess payment with the state treasurer for credit to the state general fund.
2. If a payment exceeds the amount required by law to be paid by [$5] $15 or more, the secretary of state shall, if practicable, refund the excess. If the secretary of state cannot make the refund, he shall deposit the excess payment with the state treasurer for credit to the state general fund.
3. Any person who claims a refund of an excess payment which is not refunded pursuant to subsection 2 must, within 30 days after the date of the payment, make a claim for a refund to the state board of examiners.
Sec. 29. NRS 353.250 is hereby amended to read as follows:
353.250 1. Every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit with the state treasurer on Monday of each week, either at the state treasurers office or to the credit of the state treasurers bank account, all money received by such officer, department or commission during the previous week, together with a complete itemized statement covering all financial transactions during the week, except that on any day when the money accumulated for deposit is $10,000 or more, a deposit [shall] must be made [on that] not later than the next working day.
2. Every officer, department or commission making a deposit to the credit of the state treasurers bank account pursuant to subsection 1 shall notify the office of the state treasurer by telephone at the time of deposit.
3. Every officer, head of any department or commissioner who fails to comply with the provisions of this section is guilty of a misdemeanor in office.
Sec. 30. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 990κ
Assembly Bill No. 640Committee on Government Affairs
CHAPTER 462
AN ACT relating to metropolitan police departments; clarifying provisions relating to certain audits of claims against metropolitan police departments; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.250 is hereby amended to read as follows:
280.250 1. Every demand against a department, except a demand for the sheriffs salary, a contested claim or demand or a demand required by the committee to be submitted to it, after the demand is approved and signed by the sheriff or his designee, must be listed on a cumulative voucher sheet [.] and audited by the county auditor or comptroller.
2. [If the county auditor or comptroller allows the demand, he shall endorse upon the voucher the word allowed, the name of the departments fund and the date of the allowance and shall sign his name thereto and draw his warrant on the county treasurer for the amount allowed.] The county auditor or comptroller shall satisfy himself whether the money demanded is legally due and remains unpaid, and whether its payment from the treasury is authorized by law, and out of what fund.
3. The county auditor or comptroller and the county treasurer must sign the cumulative voucher sheets and the warrants. The county treasurer shall send a signed copy of the cumulative voucher sheets to the committee.
4. A majority of the members of the committee must approve a contested claim or a demand required to be submitted to the committee before such a demand is paid from the departments fund. A contested demand must be paid as provided in NRS 280.260.
________
κ1989 Statutes of Nevada, Page 991κ
Assembly Bill No. 580Committee on Transportation
CHAPTER 463
AN ACT relating to the Las Vegas Valley Water District; removing the exception for the district from the requirement to pay certain costs; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 19.2 of chapter 797, Statutes of Nevada 1973, as amended by chapter 368, Statutes of Nevada 1987, at page 845, is hereby amended to read as follows:
Sec. 19.2. The district may locate its facilities in roads, highways, subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts owned or maintained by [the state or] a county in the same manner that it may locate its facilities in such municipal structures. The district may, upon obtaining the required state permit, locate its facilities in roads, highways, subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts owned or maintained by the state in the same manner that it may locate its facilities in such municipal structures. Upon locating a facility pursuant to section 19 or this section, any subsequent cost of relocating the facility which is necessitated by realignment or change of grade of the structure must be borne by [the state of the] :
1. The municipality or county having jurisdiction over the structure [.] , if applicable;
2. The state, if appropriate under the provisions of NRS 408.407; or
3. In all other cases, the district.
________
Assembly Bill No. 584Committee on Judiciary
CHAPTER 464
AN ACT relating to records of criminal history; exempting volunteers from the provisions concerning the criminal history of sexual offenses of persons who work with children; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
κ1989 Statutes of Nevada, Page 992 (CHAPTER 464, AB 584)κ
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee , [or] prospective employee , volunteer or prospective volunteer who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) The private investigators licensing board to investigate an applicant for a license.
(e) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(f) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(g) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(h) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
κ1989 Statutes of Nevada, Page 993 (CHAPTER 464, AB 584)κ
(i) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(j) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it:
(k) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 2. NRS 179A.180 is hereby amended to read as follows:
179A.180 As used in NRS 179A.190 to 179A.240, inclusive, unless the context otherwise requires:
1. Employee means a person who renders time and services to an employer, and whose regular course of duties places that person in a position to:
(a) Exercise supervisory or disciplinary control over children;
(b) Have direct access to or contact with children served by the employer; or
(c) Have access to information or records maintained by the employer relating to identifiable children served by the employer,
and includes a [volunteer, prospective employee and prospective volunteer; and] prospective employee, but does not include a volunteer or prospective volunteer.
2. Employer means a person, or a governmental agency or political subdivision of this state that is not an agency of criminal justice, whose employees regularly render services to children, including without limitation care, treatment, transportation, instruction, companionship, entertainment and custody.
Sec. 3. NRS 179A.230 is hereby amended to read as follows:
179A.230 1. A person who is the subject of a request for notice of information relating to sexual offenses pursuant to NRS 179A.190 to 179A.240, inclusive, may recover his actual damages in a civil action against:
(a) The central repository for an intentional or grossly negligent:
(1) Dissemination of information relating to sexual offenses not authorized for dissemination; or
(2) Release of information relating to sexual offenses to a person not authorized to receive the information;
(b) The central repository for an intentional or grossly negligent failure to correct any notice of information relating to sexual offenses which was disseminated pursuant to NRS 179A.190 to 179A.240, inclusive; or
(c) An employer, representative of an employer or employee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may be awarded against an employer, representative of an employer or employee whose violation of NRS 179A.110 is malicious.
κ1989 Statutes of Nevada, Page 994 (CHAPTER 464, AB 584)κ
2. An employer [, except an employer who is a voluntary organization consisting primarily of persons who provide their services for no remuneration other than reimbursement for actual expenses incurred,] is liable to a child served by the employer for damages suffered by the child as a result of a sexual offense committed against the child by an employee hired on or after January 1, 1988, if, at the time the employer hired the employee, the employee was the subject of information relating to sexual offenses for which notice was available for dissemination to the employer and the employer:
(a) Failed without good cause, to request notice of the information pursuant to NRS 179A.190 to 179A.240, inclusive; or
(b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal.
The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of the sexual offense.
3. An action pursuant to this section must be brought within 3 years after:
(a) The occurrence upon which the action is based; or
(b) The date upon which the party bringing the action became aware or reasonably should have become aware of the occurrence, whichever was earlier, if he was not aware of the occurrence at the time of the occurrence.
4. This section does not limit or affect any other rights, claims or causes of action arising by statute or common law.
Sec. 4. Section 1 of this act becomes effective as 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 630Committee on Transportation
CHAPTER 465
AN ACT relating to local governments; permitting a board of county commissioners or the governing body of a city to grant a franchise for the provision of bus benches and shelters; exempting such benches and shelters from certain limitations on outdoor advertising; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.187 is hereby amended to read as follows:
244.187 A board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the county and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in that county by an agency of the state.
κ1989 Statutes of Nevada, Page 995 (CHAPTER 465, AB 630)κ
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including but not limited to the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that county by an agency of the state.
6. Concessions on, over or under property owned or leased by the county.
7. Operation of landfills.
8. Construction and maintenance of benches and shelters for passengers of public mass transportation.
Sec. 2. NRS 268.081 is hereby amended to read as follows:
268.081 The governing body of an incorporated city may, to provide adequate, economical and efficient services to the inhabitants of the city and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in that city by an agency of the state.
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including , but not limited to , the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that city by an agency of the state.
6. Concessions on, over or under property owned or leased by the city.
7. Operation of landfills.
8. Search and rescue
9. Inspection required by any city ordinance otherwise authorized by law.
10. Construction and maintenance of benches and shelters for passengers of public mass transportation.
11. Any other service demanded by the inhabitants of the city which the city itself is otherwise authorized by law to provide.
Sec. 3. NRS 405.030 is hereby amended to read as follows:
405.030 1. Except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure, or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:
(a) Within any right of way of any state highway or road which is owned or controlled by the department of transportation.
(b) Within 20 feet of the main traveled way of any unimproved highway.
(c) On the property of another within view of any such highway, without [such] the owners written consent.
2. Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public [when such highway] if the signs are approved by the department of transportation.
κ1989 Statutes of Nevada, Page 996 (CHAPTER 465, AB 630)κ
of the traveling public [when such highway] if the signs are approved by the department of transportation.
Sec. 4. NRS 405.110 is hereby amended to read as follows:
405.110 1. [No] Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) Be placed upon or over any state highway.
(b) Be placed within the highway right of way.
(c) Be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the department of transportation, counties, towns or cities of [the State of Nevada] this state may place at such points as [may be] are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.
3. If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or its employees.
4. Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.
Sec. 5. NRS 484.287 is hereby amended to read as follows:
484.287 1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and [no] a person shall not place or maintain nor [shall] may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising [.] except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083.
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
________
κ1989 Statutes of Nevada, Page 997κ
Assembly Bill No. 591Committee on Judiciary
CHAPTER 466
AN ACT relating to trespass; clarifying the distinction between burglary and trespass; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.200 is hereby amended to read as follows:
207.200 1. Any person who [:] , under circumstances not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,
is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.
2. A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:
(a) Painting, at intervals of not more than 200 feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.
(b) Fencing the area.
3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
5. As used in this section, fence means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.
________
κ1989 Statutes of Nevada, Page 998κ
Assembly Bill No. 639Committee on Government Affairs
CHAPTER 467
AN ACT relating to facsimile signatures; authorizing each county recorder and judicial officer to use a facsimile signature machine; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each county recorder may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity arises and upon approval of the board of county commissioners, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the county recorder whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
Sec. 2. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each justice of the supreme court may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity arises and upon approval of the supreme court, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the justice whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
Sec. 3. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each district judge may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity arises and upon approval of the supreme court, subject to the following conditions:
κ1989 Statutes of Nevada, Page 999 (CHAPTER 467, AB 639)κ
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the district judge whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
Sec. 4. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each justice of the peace may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity arises and upon approval of the supreme court, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the justice of the peace whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
Sec. 5. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each municipal judge may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity arises and upon approval of the supreme court, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the municipal judge whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
________
κ1989 Statutes of Nevada, Page 1000κ
Assembly Bill No. 637Committee on Government Affairs
CHAPTER 468
AN ACT relating to local improvements; requiring the treasurer of a municipality to apportion the uncollected amounts of a special assessment among the parts of land which has been divided under certain circumstances; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.425 is hereby amended to read as follows:
271.425 1. [Should] If any tract [be] is divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the [county assessor] treasurer to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such an apportionment, when approved, is conclusive on all the parties, and all assessments thereafter made upon the tracts must be according to the subdivision.
3. The report, when approved, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the report as provided in this subsection nor any defect in the report as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.
________
Assembly Bill No. 562Committee on Commerce
CHAPTER 469
AN ACT relating to dangerous drugs; deleting the provision that requires no particular form of record for a person who dispenses dangerous drugs; providing that certain completed federal forms constitute a record of the disposition of samples; and providing other matters properly relating thereto.
[Approved June 24, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.286 is hereby amended to read as follows:
454.286 1. Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any practitioner who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.