[Rev. 2/12/2019 1:15:16 PM]
κ1989 Statutes of Nevada, Page 1201κ
Assembly Bill No. 618Assemblyman Gaston (by request)
CHAPTER 565
AN ACT relating to marriage and family therapists; authorizing the board of examiners for marriage and family therapists to order an examination to test the competence of a therapist; authorizing inactive status of licenses; authorizing the board to waive the requirement of continuing education; increasing certain fees for licensing; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If the board or any investigative committee of the board has reason to believe that the conduct of any marriage and family therapist has raised a reasonable question as to his competence to practice therapy with reasonable skill and safety, it may order the marriage and family therapist to undergo:
(a) A mental or physical examination administered by an appropriately licensed provider of health care;
(b) An examination testing his competence to practice therapy; or
(c) Any other examination designated by the board,
to assist the board or committee in determining the fitness of the marriage and family therapist to practice therapy.
2. For the purposes of this section:
(a) Every therapist who applies for a license or who is licensed pursuant to this chapter is deemed to have given his consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the board.
(b) The testimony and reports of the examining provider of health care are not privileged communications.
3. Except in extraordinary circumstances, as determined by the board, the failure of a therapist licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him.
4. The board may require the marriage and family therapist to pay the cost of the examination.
Sec. 3. 1. Upon written request to the board and payment of the fee prescribed by the board, a licensee in good standing may have his name and license transferred to an inactive list for a period not to exceed 3 continuous years. A licensee shall not practice marriage and family therapy during the time his license is inactive. If an inactive licensee desires to resume the practice of marriage and family therapy, the board must reactivate the license upon the:
(a) Completion of an application for reactivation;
(b) Payment of the fee for renewal of the license; and
(c) Demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice.
κ1989 Statutes of Nevada, Page 1202 (CHAPTER 565, AB 618)κ
Except as otherwise provided in subsection 2, the licensee is not required to pay the delinquency fee or the renewal fee for any year while the license was inactive.
2. Any license that remains inactive for a period which exceeds 3 continuous years is deemed:
(a) To effect a revocation for the purposes of NRS 641A.270.
(b) To have lapsed at the beginning of that period for the purposes of NRS 641A.280.
3. The board may adopt such regulations as it deems necessary to carry out the provisions of this section, including without limitation, regulations governing the renewal of inactive licenses and any requirement of continuing education for inactive licensees.
Sec. 4. The board may waive all or part of the requirement of continuing education in a particular year if the marriage and family therapist was prevented from fulfilling the requirement by circumstances beyond his control.
Sec. 5. NRS 641A.080 is hereby amended to read as follows:
641A.080 Practice of marriage and family therapy means the application of established principles of learning, motivation, perception, thinking, emotional, marital and sexual relationships and adjustments by persons trained in psychology, social work, psychiatry or marriage and family therapy. The application of such principles includes:
1. Therapy and counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.
2. Doing research on problems related to marital relationships and human behavior.
3. Consultation with others doing marriage and family therapy [.] if the consultation is determined by the board to include the application of any of these principles.
Sec. 6. NRS 641A.290 is hereby amended to read as follows:
641A.290 The board shall charge and collect not more than the following fees, respectively:
For application for a license................................................................ [$25] $75
For examination of an applicant for a license................................. [100] 200
For issuance of a license....................................................................... 50
[For issuance of a license by reciprocity............................................ 100]
For annual renewal of a license.......................................................... [100] 150
For reinstatement of a license revoked for nonpayment of the fee for renewal ............................................................................................................ 100
For an inactive license......................................................................... 150
________
κ1989 Statutes of Nevada, Page 1203κ
Assembly Bill No. 617Assemblyman Gaston (by request)
CHAPTER 566
AN ACT relating to marriage and family therapy; requiring the board of examiners for marriage and family therapists to accept a passing grade on a national examination by an applicant for licensure in lieu of the boards written examination; repealing the provision authorizing the licensing of a marriage and family therapist without an examination; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 641A.230 is hereby amended to read as follows:
641A.230 [Each]
1. Except as otherwise provided in subsection 2, each qualified applicant for a license must be given a written examination by the board on his knowledge of marriage and family therapy. [In addition, the board may require an oral examination.] Examinations must be given at a time and place and under such supervision as the board may determine. A grade of 75 percent is a passing grade.
2. The board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the American Association for Marriage and Family Therapy in lieu of requiring a written examination pursuant to subsection 1.
3. In addition to the requirements of subsections 1 and 2, the board may require an oral examination. The board may examine in whatever applied or theoretical fields it deems appropriate.
Sec. 2. NRS 641A.240 is hereby repealed.
________
Assembly Bill No. 594Committee on Judiciary
CHAPTER 567
AN ACT relating to crimes against property; adopting a comprehensive theft statute; providing a penalty; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Check means any check, draft or other negotiable instrument of any kind.
κ1989 Statutes of Nevada, Page 1204 (CHAPTER 567, AB 594)κ
Sec. 4. Control means to act so as to prevent a person from using his own property except on the actors terms.
Sec. 5. Deprive means to withhold a property interest of another person permanently or for so long a time that a substantial portion of its value, usefulness or enjoyment is lost, or to withhold it with the intent to restore it only upon the payment of a reward or other compensation, or to transfer or dispose of it so that it is unlikely to be recovered.
Sec. 6. Draw means making, drawing, uttering, preparing, writing or delivering a check.
Sec. 7. Issue means to deliver or cause to be delivered a check to a person who by that delivery acquires a right against the drawer of the check. A person who draws a check with intent that it be so delivered shall be deemed to have issued it if the delivery occurs.
Sec. 8. Obtain means to bring about or receive the transfer of any interest in property, or to secure performance of a service.
Sec. 9. Property of another person means property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, including property in which the defendant also has an interest, notwithstanding that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the defendant in which another person has only a security interest shall be deemed not to be the property of that other person, even if that person holds legal title to the property pursuant to a security agreement.
Sec. 10. Services includes labor, professional services, transportation, cable television, telephone, gas or electricity services, accommodations in hotels, restaurants, leased premises or elsewhere, admissions to exhibitions and the use of vehicles or other movable property.
Sec. 11. Transfer means to change the possession or control of property.
Sec. 12. Value means the fair market value of the property or services at the time of the theft. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of the value of the property to its owner.
Sec. 13. A person commits theft if, without lawful authority, he knowingly:
1. Controls any property of another person with the intent to deprive that person of the property;
2. Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use;
κ1989 Statutes of Nevada, Page 1205 (CHAPTER 567, AB 594)κ
3. Obtains real or personal property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this subsection, material misrepresentation means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act;
4. Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner;
5. Controls property of another person knowing or having reason to know that the property was stolen;
6. Obtains services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so;
7. Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person;
8. Commits any act that is declared to be theft by a specific statute; or
9. Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.
Sec. 14. 1. Conduct denominated theft in sections 2 to 16, inclusive, of this act, constitutes a single offense embracing the separate offenses commonly known as larceny, receiving or possessing stolen property, embezzlement, obtaining property by false pretenses, issuing a check without sufficient money or credit, and other similar offenses.
2. A criminal charge of theft may be supported by evidence that an act was committed in any manner that constitutes theft pursuant to sections 2 to 16, inclusive, of this act, notwithstanding the specification of a different manner in the indictment or information, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if it determines that, in a specific case, strict application of the provisions of this subsection would result in prejudice to the defense by lack of fair notice or by surprise.
Sec. 15. The amount involved in a theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained. Amounts involved in thefts committed pursuant to a scheme or continuing course of conduct, whether from one or more persons, may be aggregated in determining the grade of the offense.
Sec. 16. Unless a greater penalty is imposed by a specific statute, for the violation of any provision of sections 2 to 16, inclusive, of this act, if the value of the property or services obtained was:
1. Greater than or equal to $250, the person who committed the theft is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Less than $250, the person who committed the theft shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
κ1989 Statutes of Nevada, Page 1206 (CHAPTER 567, AB 594)κ
Sec. 17. Section 2 of chapter 283, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 2. 1. A district attorney may create within his office a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated subsection 9 of section 13 of this act, or NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of subsection 9 of section 13 of this act, or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.
2. The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.
3. If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:
(a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;
(b) The prior criminal record of the person;
(c) Prior referrals of the person to the program;
(d) The number of times the person has violated subsection 9 of section 13 of this act, or NRS 205.130 or 205.380;
(e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and
(f) The strength of the evidence, if any, of the persons intent to defraud the alleged victim.
4. Except as otherwise provided in section 5 of [this act,] Senate Bill No. 270 of this session, this section does not limit the authority of the district attorney to prosecute violations of subsection 9 of section 13 of this act, or NRS 205.130 or 205.380.
Sec. 18. Section 17 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 1207κ
Assembly Bill No. 592Committee on Judiciary
CHAPTER 568
AN ACT relating to burglary; expanding the crime to include entry with the intent to commit assault or battery; increasing the punishment of a person convicted of burglary who possesses a deadly weapon during the commission of the crime; providing a penalty; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.060 is hereby amended to read as follows:
205.060 1. Every person who, [either] by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with intent to commit grand or petit larceny, assault or battery on any person or any felony, is guilty of burglary.
2. [Any] Except as otherwise provided in this section, any person convicted of burglary shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000. No person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling may be released on probation or granted a suspension of his sentence.
3. Whenever a burglary is committed [upon a railroad train, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider or boat,] on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the [railroad train, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider or boat may have run on the trip during which] vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary [is] was committed.
4. A person convicted of burglary who has in his possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, shall be punished by imprisonment in the state prison for not less than 2 years nor more than 10 years, and may be further punished by a fine of not more than $10,000.
Sec. 2. NRS 205.065 is hereby amended to read as follows:
205.065 Every person who unlawfully breaks and enters or unlawfully enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car may reasonably be inferred to have broken and entered or entered it with intent to commit grand or petit larceny , assault or battery on any person or a felony therein, unless [such] the unlawful breaking and entering or unlawful entry is explained by evidence satisfactory to the jury to have been made without criminal intent.
κ1989 Statutes of Nevada, Page 1208 (CHAPTER 568, AB 592)κ
explained by evidence satisfactory to the jury to have been made without criminal intent.
________
Assembly Bill No. 588Assemblymen Thompson, Garner, Myrna Williams, Nevin, McGaughey, Humke, Lambert, Marvel, DuBois, Sedway, Kissam, Carpenter, Wisdom, Bogaert, Triggs, Spinello and Regan
CHAPTER 569
AN ACT relating to debt adjusting; revising provisions governing fees allowed to debt adjusters; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 676.250 is hereby amended to read as follows:
676.250 1. Licensees are allowed such fees as are clearly stated in the contract.
2. Such fees may include:
(a) An initial retainer fee of $50, which need not be amortized.
(b) A service fee, which must be amortized equally, each month, over the length of the contract, but no more than one monthly amortization may be applied to the debtors account as charges for any particular month, unless prepayment is being made.
(c) A fee of [$1.50] $3 per check issued in payment of all nonterminal indebtedness.
3. The total amount of fees received by a licensee under any particular contract, exclusive of the retainer fee, may not exceed 15 percent of the listed terminal indebtedness. Terminal indebtedness does not mean indebtedness on a residence or other expenses normally incurred in maintaining a residence.
4. If the debtor chooses at any time to satisfy the total indebtedness listed in the contract before the expiration of the contract, the licensee may charge and is limited to a fee of not more than 7 percent of the then remaining balance of indebtedness listed in the contract.
5. No fee other than the initial retainer fee may be charged until the licensee has secured the consent of creditors:
(a) Constituting more than 50 percent of the total number of creditors enumerated in the contract; and
(b) Holding more than 50 percent of the total amount of indebtedness listed in the contract.
The acceptance by a creditor of three consecutive payments made by the licensee in accordance with the terms of the contract constitutes the consent of that creditor, if notice is included with each such payment that acceptance of three consecutive payments constitutes consent for the purposes of this subsection.
κ1989 Statutes of Nevada, Page 1209 (CHAPTER 569, AB 588)κ
three consecutive payments constitutes consent for the purposes of this subsection.
________
Assembly Bill No. 558Assemblymen Bogaert, Nevin, Kerns, Evans, Chowning and Carpenter
CHAPTER 570
AN ACT relating to drivers licenses; requiring the department of motor vehicles and public safety to provide specially designed licenses to epileptics and insulin dependent diabetics; requiring the department to provide education to peace officers on matters relating to diabetes and epilepsy; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall issue a drivers license with a specially colored background in the photograph portion to any person who qualifies for a drivers license pursuant to the provisions of this chapter and delivers to the department a signed statement from a physician that the person is an insulin dependent diabetic or an epileptic. The department shall designate one color to be used only for drivers licenses held by diabetics and another color to be used only for drivers licenses held by epileptics.
2. The department shall provide for the education of peace officers on the:
(a) Effects and treatment of a person suffering from insulin shock or an epileptic seizure and the similarity in appearance of a person suffering from insulin shock or an epileptic seizure to a person under the influence of alcohol or a controlled substance; and
(b) Procedures for identifying and handling situations involving a person suffering from insulin shock or an epileptic seizure.
________
κ1989 Statutes of Nevada, Page 1210κ
Assembly Bill No. 492Committee on Government Affairs
CHAPTER 571
AN ACT relating to investigators; requiring licensees of the private investigators licensing board to obtain a work card issued by the local sheriff; prohibiting in certain counties employment as a security guard unless the person has been issued a work card by the sheriff; providing a penalty; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Security guard means a person employed as a watchman, guard, security consultant, patrolman or in any other similar position.
Sec. 3. 1. Except as otherwise provided in subsection 2, it is unlawful for a person to:
(a) Allow an employee, including an independent contractor, to perform any work as a security guard unless the employee holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.
(b) Work as a security guard unless he holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.
2. The provisions of this section do not apply in any county whose population is less than 100,000, but this section does not prohibit a board of county commissioners from adopting similar restrictions by ordinance.
3. The sheriff of any county in which such restrictions apply may submit the fingerprints of any person applying for such a work card to the central repository for Nevada records of criminal history and to the Federal Bureau of Investigation to determine the applicants criminal history.
Sec. 4. NRS 648.005 is hereby amended to read as follows:
648.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 648.006 to 648.015, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 648.060 is hereby amended to read as follows:
648.060 No person [, unless he is licensed under this chapter,] may:
1. Engage in the business of private investigator, private patrolman, process server, repossessor, dog handler, consultant or polygraphic examiner or intern; or
2. Advertise his business as such, irrespective of the name of title actually used [.] ,
unless he is licensed pursuant to this chapter and holds a work card issued by the sheriff of the county in which the work is performed authorizing him to engage in his business.
Sec. 6. NRS 648.200 is hereby amended to read as follows:
648.200 It [shall be] is unlawful for any licensee or any employee, security guard, officer or member of any licensee:
κ1989 Statutes of Nevada, Page 1211 (CHAPTER 571, AB 492)κ
1. To divulge to anyone , [(] except as he may be so required by law to do , [)] any information acquired by him except at the direction of the employer or client for whom the information was obtained.
2. To make a false report to his employer or client.
Sec. 7. NRS 648.210 is hereby amended to read as follows:
648.210 A person who violates any of the provisions of NRS 648.060 to 648.200, inclusive [:] , and section 2 of this act:
1. For the first violation is guilty of a misdemeanor.
2. For the second and subsequent violations, is guilty of a gross misdemeanor.
Sec. 8. This act becomes effective on January 1, 1990.
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Assembly Bill No. 489Assemblyman Arberry
CHAPTER 572
AN ACT relating to low-income housing; establishing a trust fund for low-income housing; authorizing the housing division of the department of commerce to administer the fund; providing for the use of money in the fund; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8. (Deleted by amendment.)
Sec. 9. Chapter 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 10, 11 and 12 of this act.
Sec. 10. 1. There is hereby created in the state treasury the trust fund for low-income housing, to be administered by the division. All money that is collected for the use of the fund from any source, including pursuant to a specific statute, tax, legislative appropriation, gift or grant, or from interest earned on specified public or private accounts, must be deposited in the fund.
2. The money in the fund must be invested as provided in chapters 355 and 356 of NRS. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
Sec. 11. 1. Money deposited in the trust fund for low-income housing must be used:
(a) For the acquisition, construction or rehabilitation of housing for eligible families by public or private nonprofit charitable organizations, housing authorities or local governments through loans, grants or subsidies;
(b) To provide technical and financial assistance to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction or rehabilitation of housing for eligible families;
κ1989 Statutes of Nevada, Page 1212 (CHAPTER 572, AB 489)κ
(c) To provide funding for projects of public or private nonprofit charitable organizations, housing authorities or local governments that provide assistance to or guarantee the payment of rent or deposits as security for rent for eligible families, including homeless persons;
(d) To reimburse the division for the costs of administering the fund; and
(e) In any other manner consistent with this section to assist eligible families in obtaining or keeping housing.
2. The division shall not use more than $40,000 per year of the amount annually allocated from the fund as reimbursement for the cost of administering the fund. Of the remaining money allocated from the fund:
(a) Except as otherwise provided in subsection 3, 15 percent must be distributed to the welfare division of the department of human resources for use in its program developed pursuant to 45 C.F.R. § 233.120 to provide emergency assistance to needy families with children, subject to the following:
(1) The welfare division shall adopt regulations governing the use of the money that are consistent with the provisions of this section.
(2) The money must be used solely for activities relating to low-income housing that are consistent with the provisions of this section.
(3) The money must be made available to families that have children and whose income is at or below the federally designated level signifying poverty.
(4) All money provided by the Federal Government to match the money distributed to the welfare division pursuant to this section must be expended for activities consistent with the provisions of this section.
(b) Eighty-five percent must be distributed to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction and rehabilitation of housing for eligible families, subject to the following:
(1) Priority must be given to those projects that qualify for the federal tax credit relating to low-income housing.
(2) Priority must be given to those projects that anticipate receiving federal money to match the state money distributed to them.
(3) Priority must be given to those projects that have the commitment of a local government to provide assistance to them.
(4) All money must be used to benefit families whose income does not exceed 60 percent of the median income for families residing in the same county, as defined by the United States Department of Housing and Urban Development.
(5) Not less than 15 percent of the units acquired, constructed or rehabilitated must be affordable to persons whose income is at or below the federally designated level signifying poverty. For the purposes of this subparagraph, a unit is affordable if a family does not have to pay more than 30 percent of its gross income for housing costs, including both utility and mortgage or rental costs.
(6) To be eligible to receive money pursuant to this paragraph, a project must be sponsored by a local government.
3. The division may, pursuant to contract and in lieu of distributing money to the welfare division pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.
κ1989 Statutes of Nevada, Page 1213 (CHAPTER 572, AB 489)κ
any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.
Sec. 12. 1. The administrator shall consult with representatives of housing authorities, organizations of persons with low income, providers of housing, financial institutions and other persons interested in the provisions of low-income housing, and adopt regulations establishing:
(a) Criteria for the distribution and use of money from the trust fund for low-income housing; and
(b) Procedures for the division and the local governments that receive money pursuant to section 11 of this act to monitor the use of money from the fund and to enforce the provisions of this section and sections 10 and 11 of this act.
The regulations must be designed to maximize the efficient use of money in the fund, and to promote the participation and assistance of local governments.
2. A recipient of money from the fund shall comply with the regulations of the administrator and provide such reports to the division and the local governments that receive money pursuant to section 11 of this act upon the use of the money as the administrator requires.
Sec. 13. NRS 319.020 is hereby amended to read as follows:
319.020 The legislature finds and declares that:
1. There exists a serious shortage of decent, safe and sanitary housing in this state available to persons and families of low and moderate income and that many other persons and families are unable to secure or afford, without assistance, decent, safe and sanitary housing.
2. This condition is conducive to disease, crime, environmental decline and poverty, impairs the economic value of large areas, which are characterized by depreciated value, impaired investments, reduced capacity to pay taxes, and lack of new development to meet the needs of area residents, and is a menace to the health, safety, morals and welfare of the residents of this state.
3. This condition results in a loss of population and further deterioration accompanied by added costs to communities for creation of new public facilities and services elsewhere.
4. It is difficult and uneconomic for individual owners independently to remedy this condition.
5. One major cause of this condition has been recurrent shortages of money from private sources, and such shortages have contributed to reductions in construction of new residential housing and have made the sale and purchase of existing residential housing a virtual impossibility in certain parts of the state. Other causes of this condition include increases in rental values and decreases in the availability of federal funding for housing.
6. The ordinary operations of private enterprise have not in the past corrected these conditions.
7. The reduction in housing construction has caused substantial unemployment and underemployment in the construction industry which , together with the shortage of affordable housing, results in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.
κ1989 Statutes of Nevada, Page 1214 (CHAPTER 572, AB 489)κ
the state and adversely affects the welfare, health and prosperity of all the people of this state.
8. A stable supply of adequate money for the financing and provision of other assistance to obtain housing is required to encourage new housing in an orderly and sustained manner , to increase the availability of affordable housing, and thereby to reduce these detrimental results.
9. It is necessary to create a housing division in the department of commerce to encourage the investment of private capital and stimulate the financing of housing through the use of public financing to provide mortgage loans and to make loans to and purchase mortgage loans from mortgage lenders, and to perform any other function authorized by this chapter.
10. It is appropriate for the housing division to issue obligations regardless of their characterization for the purposes of federal income taxation by the United States Department of the Treasury.
11. All of the purposes set forth in this chapter are public purposes and uses for which public money may be borrowed, expended, advanced, loaned or granted.
This chapter must be liberally construed to accomplish the public purposes and alleviate the detrimental conditions set forth in this section.
Sec. 14. NRS 319.060 is hereby amended to read as follows:
319.060 Eligible family means a person or family, selected without regard to race, creed, national origin or sex, determined by the division to require such assistance as is made available by this chapter on account of insufficient personal or family income after taking into consideration, without limitation, such factors as:
1. The amount of the total income of that person or family available for housing needs;
2. The size of the family;
3. The cost and condition of housing facilities available;
4. The ability of the person or family to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing;
5. If appropriate, standards established for various federal programs determining eligibility based on income of those persons and families; and
6. Service in the Armed Forces of the United States with a minimum of 90 days on active duty at some time between:
(a) April 21, 1898, and June 15, 1903;
(b) April 6, 1917, and November 11, 1918;
(c) December 7, 1941, and December 31, 1946;
(d) June 25, 1950, and January 31, 1955; or
(e) January 1, 1961, and May 7, 1975,
and at least 2 years continuous residence in Nevada immediately preceding any application for [a loan] assistance under this chapter.
Sec. 15. NRS 319.170 is hereby amended to read as follows:
319.170 [The] Except as otherwise provided in section 10 of this act, the division may:
1. Establish such funds or accounts as may be necessary or desirable for furtherance of the purposes of this chapter.
κ1989 Statutes of Nevada, Page 1215 (CHAPTER 572, AB 489)κ
2. Invest or deposit its [moneys,] money, subject to any agreement with bondholders or noteholders, and is not required to keep any of its [moneys] money in the state treasury. The provisions of chapters 355 and 356 of NRS do not apply to such investments or deposits.
Sec. 16. NRS 319.171 is hereby amended to read as follows:
319.171 [The] Except as otherwise provided in section 10 of this act, the division may invest its money in collateralized mortgage obligations or in trusts created to finance, acquire or invest in collateralized mortgage obligations if the collateralized mortgage obligations or trusts so created are:
1. In furtherance of the purposes of the division; and
2. Rated within one of the top three rating categories of a national rating service at the time the investment is made.
Sec. 17. NRS 319.400 is hereby amended to read as follows:
319.400 Any person who knowingly makes or causes to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing concerning [a loan] an applicants income, employment, financial position, the size of his family, his intent to occupy [the mortgaged] premises as his primary residence or the cost of the [mortgaged] residence, with intent that the statement be relied upon for the purpose of obtaining [a loan] financial assistance from the division is guilty of a gross misdemeanor.
Sec. 18. NRS 319.010 is hereby repealed.
________
Assembly Bill No. 417Assemblymen Dini, Myrna Williams and Bergevin
CHAPTER 573
AN ACT relating to travel expenses; revising the provisions governing the reimbursement of legislators for travel expenses; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 218.220, each senator and assemblyman is entitled to receive an allowance for travel in the transaction of legislative business authorized by specific statute or the legislative commission, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
κ1989 Statutes of Nevada, Page 1216 (CHAPTER 573, AB 417)κ
2. Claims for expenses made pursuant to this section must be made as other claims are made against the state, and must be paid from the legislative fund unless otherwise provided by specific statute.
Sec. 2. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $44; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for one days travel to and one days travel from the session or conference.
(b) Travel expenses computed at [the rate of 27 cents per mile traveled.] a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving, to and from Carson City for the session; and
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at [the rate of 27 cents per mile;] a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at [the rate of 27 cents per mile.] a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:
(a) The rate of $44; or
(b) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
κ1989 Statutes of Nevada, Page 1217 (CHAPTER 573, AB 417)κ
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
7. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
8. Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
Sec. 3. NRS 218.5365 is hereby amended to read as follows:
218.5365 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. The members of the committee who are state legislators are entitled to receive a salary of $80 and the subsistence allowances [and travel expenses] provided for state officers and employees generally and the travel expenses provided pursuant to section 1 of this act for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, salary and travel expenses of the legislative members of the committee must be paid from the legislative fund.
3. The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.
Sec. 4. NRS 218.680 is hereby amended to read as follows:
218.680 1. Except during a regular or special session of the legislature, for each days or portion of a days attendance at each meeting of the commission or its audit subcommittee, if a member of the subcommittee, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance [and travel expenses] provided for state officers and employees generally [.]
κ1989 Statutes of Nevada, Page 1218 (CHAPTER 573, AB 417)κ
of the legislative commission are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance [and travel expenses] provided for state officers and employees generally [.] and the travel expenses provided pursuant to section 1 of this act.
2. An alternative member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided [for state officers and employees generally.] pursuant to section 1 of this act.
Sec. 5. NRS 218.682 is hereby amended to read as follows:
218.682 The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to [such] those organizations out of the legislative fund. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government [,] and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of [such] those delegations and committees must be designated by the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of [such] those delegations and committees shall serve without salary, but they are entitled to receive out of the legislative fund the per diem expense allowance [and travel expenses] provided for state officers and employees generally [.] and the travel expenses provided pursuant to section 1 of this act.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information [,] and any other suitable process.
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of [such] those subcommittees and interim or special committees must be designated by the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada.
κ1989 Statutes of Nevada, Page 1219 (CHAPTER 573, AB 417)κ
Nevada or citizens of the State of Nevada. Members of [such] those subcommittees and interim or special committees who are not legislators shall serve without salary, but they are entitled to receive out of the legislative fund the per diem expense allowances and travel expenses provided for state officers and employees generally. Except during a regular or special session of the legislature, members of [such] those subcommittees and interim or special committees who are legislators are entitled to receive out of the legislative fund the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day or portion of a day of attendance, and the per diem expense allowances [and travel expenses] provided for state officers and employees generally [.] and the travel expenses provided pursuant to section 1 of this act.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
Sec. 6. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as 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, 353.335 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.
κ1989 Statutes of Nevada, Page 1220 (CHAPTER 573, AB 417)κ
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 [.] and the travel expenses provided pursuant to section 1 of this act. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 7. NRS 209.4813 is hereby amended to read as follows:
209.4813 1. The advisory board on industrial programs is hereby created.
2. The advisory board consists of the director of the department of prisons, the director of the department of general services and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the advisory board shall select a chairman from among their membership.
4. Each member of the advisory board appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, each legislator who is a member of the advisory board is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the advisory board in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the advisory board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the advisory board is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to section 1 of this act. All compensation, allowances and travel expenses must be paid from the fund for prison industries.
Sec. 8. NRS 228.400 is hereby amended to read as follows:
228.400 1. There is hereby created an interim committee of the legislature to review the performance of the office of the consumers advocate.
κ1989 Statutes of Nevada, Page 1221 (CHAPTER 573, AB 417)κ
2. The committee consists of:
(a) Two members of the senate from the majority political party, designated by the majority leader of the senate;
(b) One member of the senate from the minority political party, designated by the minority leader of the senate;
(c) Three members of the assembly from the majority political party, designated by the speaker of the assembly; and
(d) Two members of the assembly from the minority political party, designated by the minority leader of the assembly.
3. The members from the assembly shall select a chairman from among their number to serve for the period ending with the convening of each even-numbered regular session of the legislature. The members from the senate shall select a chairman from among their number to serve during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
4. The committee exists only when the legislature is not in regular or special session. The committee shall meet at the call of the chairman to review and evaluate the effectiveness and functioning of the office of the consumers advocate. It may make recommendations to the consumers advocate, the attorney general, the public service commission of Nevada, the legislative commission, the interim finance committee and the legislature.
5. The director of the legislative counsel bureau shall provide a secretary for the committee. Each member of the committee is entitled to receive out of the legislative fund a salary for each day or portion of a day in attendance at a meeting of the committee, in an amount equal to the salary established for members of the legislative commission, and the per diem allowance [and travel expenses] provided for state officers and employees generally [.] and the travel expenses provided pursuant to section 1 of this act.
Sec. 9. NRS 439B.210 is hereby amended to read as follows:
439B.210 The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the powers conferred on the committee.
2. Except during a regular or special session of the legislature, members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance [and travel expenses] provided for state officers and employees generally [.] and the travel expenses provided pursuant to section 1 of this act.
3. The salaries and expenses of the committee must be paid from the legislative fund.
Sec. 10. NRS 459.0085 is hereby amended to read as follows:
459.0085 1. There is hereby created a committee on high-level radioactive waste. It is a committee of the legislature composed of:
κ1989 Statutes of Nevada, Page 1222 (CHAPTER 573, AB 417)κ
(a) Three members of the senate, appointed by the majority leader of the senate.
(b) Four members of the assembly, appointed by the speaker.
2. The legislative commission shall select a chairman and a vice chairman from the members of the committee.
3. The committee shall meet at the call of the chairman to study and evaluate:
(a) Information and policies regarding the location in this state of a facility for the disposal of high-level radioactive waste;
(b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and
(c) Any other policies relating to the disposal of high-level radioactive waste.
4. The committee shall report the results of its studies and evaluations to the legislative commission and the interim finance committee at such times as the legislative commission or the interim finance committee may require.
5. The committee may recommend any appropriate legislation to the legislature and the legislative commission.
6. The director of the legislative counsel bureau shall provide a secretary for the committee on high-level radioactive waste. Except during a regular or special session of the legislature, each member of the committee is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee plus the per diem allowance [and travel expenses] provided for state officers and employees generally [.] and the travel expenses provided pursuant to section 1 of this act. Per diem allowances, salary and travel expenses of members of the committee must be paid from the legislative fund.
Sec. 11. Section 1 of Senate Bill No. 106 of this session is hereby amended to read as follows:
Section 1. NRS 218.5365 is hereby amended to read as follows:
218.5365 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. [The] Except during a regular or special session of the legislature, the members of the committee who are state legislators are entitled to receive [a salary of $80 and the subsistence allowances] the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to section 1 of [this act] Assembly Bill No. 417 of this session for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, [salary] compensation and travel expenses of the legislative members of the committee must be paid from the legislative fund.
κ1989 Statutes of Nevada, Page 1223 (CHAPTER 573, AB 417)κ
[salary] compensation and travel expenses of the legislative members of the committee must be paid from the legislative fund.
3. The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.
Sec. 12. This act becomes effective upon passage and approval.
Sec. 13. It is the intent of the legislature that each legislator who is entitled to receive money for travel expenses while carrying out the business of the legislature is entitled to receive the amount provided in section 1 of this act. The legislative counsel shall appropriately correct any obsolete or incorrect reference in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act.
________
Assembly Bill No. 836Assemblymen McGaughey, Garner, Jeffrey, Sheerin, Gibbons, McGinness, Triggs, Kissam, Porter, Wendell Williams, Carpenter, Lambert, Chowning, Sedway, Marvel, Brookman, Kerns, Nevin, Bergevin, Adler, Freeman, Wisdom, Humke, Spriggs, Swain, Dini, Schofield, Gaston, Spinello, DuBois, Callister, Price, Thompson and Arberry
CHAPTER 574
AN ACT relating to public housing authorities; requiring the eviction of a tenant upon the conviction of the tenant or a person residing with the tenant of certain offenses regarding controlled substances; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 315 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. The policy of this state, to provide decent, safe and sanitary housing for persons of low income, is being thwarted by the frequent occurrence in public housing of activities concerning the unlawful possession, distribution and use of controlled substances.
2. The provision of public housing has never been intended to help subsidize criminal behavior.
3. These unlawful activities, conducted by an intimidating minority of the residents of public housing, are causing our public housing to become increasingly infested with violence, degeneracy and squalor, which imperils the physical and mental health of the peaceful residents therein.
κ1989 Statutes of Nevada, Page 1224 (CHAPTER 574, AB 836)κ
4. Persons residing with the active participants in these unlawful activities commonly share in the proceeds thereof or have the ability to prevent or interfere significantly in the conduct of the activities.
5. It will promote the public health, safety and welfare of the residents of this state to require housing authorities to evict from public housing both the persons who actively participate in unlawful activities relating to the possession, distribution or use of controlled substances, and the persons who reside with them.
Sec. 3. As used in sections 3 to 8, inclusive, of this act, unless the context otherwise requires:
1. Housing authority means a housing authority created pursuant to this chapter.
2. Landlord means a person who owns or manages any premises that he rents or leases to a tenant pursuant to a contract with a housing authority.
3. Premises means a particular apartment or other residential unit of public housing occupied by a tenant, or a residential unit that is occupied by a tenant pursuant to a federally assisted housing program administered by a housing authority.
4. Public housing means the residential accommodations operated by a housing authority or a landlord.
Sec. 4. A tenant in public housing, and every person who resides with the tenant, is required to vacate public housing upon:
1. The conviction of the tenant, or any person residing with the tenant, of a violation, while a resident of public housing, of any state or federal law regulating the possession, distribution or use of a controlled substance; or
2. The determination by a juvenile court that any minor residing with the tenant has committed, while a resident of public housing:
(a) A second violation of any state or federal law regulating the possession, distribution or use of a controlled substance; or
(b) A single violation of any state or federal law regulating the possession, distribution or use of a controlled substance, if:
(1) There is a program of rehabilitation in the community which is available to the minor; and
(2) The minor fails to enroll immediately in the program, or enrolls in the program and fails or refuses to comply with any term, condition or requirement thereof.
Sec. 5. If a person required to vacate public housing pursuant to section 4 of this act:
1. Committed the actual violation or violations for which he is required to vacate public housing, a housing authority or a landlord, except as otherwise required by federal law or regulation, or as a condition to the receipt of federal money, shall not allow the person to again reside in public housing.
2. Did not commit the actual violation or violations for which he is required to vacate public housing, a housing authority or a landlord may again allow him to reside in public housing after he has vacated public housing for a reasonable period.
Sec. 6. 1. Except as otherwise required by federal law or regulation, or as a condition to the receipt of federal money, a housing authority or a landlord shall, immediately upon learning of facts indicating that a tenant is required pursuant to section 4 of this act to vacate public housing, serve upon the tenant a written notice which:
κ1989 Statutes of Nevada, Page 1225 (CHAPTER 574, AB 836)κ
required pursuant to section 4 of this act to vacate public housing, serve upon the tenant a written notice which:
(a) States that the tenancy is terminated at noon of the fifth full day following the day of service, and that the tenant must surrender the premises at or before that time;
(b) Sets forth the facts upon which the tenant is required to vacate the premises pursuant to section 4 of this act;
(c) Advises the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace denying the occurrence of the conditions set forth in section 4 of this act; and
(d) Contains any other matter required by federal law or regulation regarding the eviction of the tenant from those premises, or as a condition to the receipt of federal money.
If the tenant timely files the affidavit and provides the housing authority or the landlord with a copy of the affidavit, stamped as filed with the justice of the peace, the housing authority or the landlord shall not refuse the tenant, or any person who resides with the tenant, access to the premises.
2. Upon noncompliance with the notice:
(a) The housing authority or the landlord shall apply by affidavit to the justice of the peace of the township where the premises are located. If it appears to the justice of the peace that the conditions set forth in section 4 of this act have occurred and that the tenant is required by that section to vacate the premises, the justice of the peace shall issue an order directing the sheriff or constable of the county to remove the tenant and any other person on the premises within 24 hours after receipt of the order. The affidavit required by this paragraph must contain:
(1) The date when, and the facts upon which, the tenant became required to vacate the premises.
(2) The date when the written notice was given, a copy of the notice and a statement that the notice was served as provided in section 7 of this act.
(b) Except when the tenant has timely filed the affidavit described in subsection 1 and provides the housing authority or the landlord with a copy of the affidavit, stamped as filed with the justice of the peace, the housing authority or the landlord may, in a peaceable manner, refuse the tenant, and any person who resides with the tenant, access to the premises.
3. Upon the filing by the tenant of the affidavit authorized by subsection 1 and the filing by the housing authority or the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that the conditions set forth in section 4 of this act have occurred and that the tenant is required by that section to vacate the premises, the justice of the peace shall issue a summary order for removal of the tenant and any other person on the premises, or an order refusing the tenant, and any person who resides with the tenant, admittance to the premises. If the justice of the peace determines that the conditions set forth in section 4 of this act have not occurred and that the tenant is not required by that section to vacate the premises, the justice of the peace shall refuse to grant any relief.
κ1989 Statutes of Nevada, Page 1226 (CHAPTER 574, AB 836)κ
4. The provisions of NRS 40.215 to 40.420, inclusive, do not apply to any proceeding brought pursuant to the provisions of sections 2 to 8, inclusive, of this act.
Sec. 7. 1. The notices required by section 6 of this act must be served in any manner required by federal law or regulation concerning the eviction of the tenant from those premises, or as a condition to the receipt of federal money, or, in the absence of such a requirement, the notice may be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness; or
(b) If the tenant cannot be found with reasonable diligence, by leaving a copy with a person of suitable age and discretion at the premises or the tenants usual place of business, mailing a copy to the tenant at the premises or his usual place of business, and posting a copy in a conspicuous place on the premises.
2. Before an order to remove a tenant is issued pursuant to section 6 of this act, a housing authority or a landlord must file with the court a proof of service of any notice required by that section. This proof must consist of a statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date, or:
(a) The endorsement of a sheriff, constable or other process server stating the time and manner of service; and
(b) If service is accomplished in a manner which requires that a copy of the notice be mailed to the tenant, a certificate of mailing issued by the United States Postal Service.
Sec. 8. 1. The issuance of a summary order for removal of a tenant of public housing does not preclude an action by the tenant, or any person who resides with the tenant, for any damages or other relief to which he is entitled.
2. Either party may, within 10 days, appeal the decision of the justice of the peace to the district court for that county. An appeal by the tenant does not stay the order issued by the justice of the peace.
________
Assembly Bill No. 401Assemblymen Porter, DuBois, Myrna Williams and Gaston
CHAPTER 575
AN ACT relating to insurance; making permanent the provisions requiring the commissioner of insurance to study methods to contain rates for insurance; authorizing the collection of certain data; imposing a fee; providing a penalty; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. The legislature finds and declares that:
κ1989 Statutes of Nevada, Page 1227 (CHAPTER 575, AB 401)κ
(a) Stabilizing the cost of insurance is of vital concern to the residents of this state; and
(b) It is necessary to establish a comprehensive system to collect, analyze and distribute information concerning the cost of insurance in order to stabilize that cost effectively.
2. The purposes of sections 2 to 8, inclusive, of this act, are to:
(a) Promote the public welfare by studying the relationship of premiums and related income of insurers to costs and expenses of insurers;
(b) Develop measure to stabilize prices for insurance while continuing to provide insurance of high quality to the residents of this state;
(c) Permit and encourage competition between insurers on a sound financial basis to the fullest extent possible; and
(d) Establish a mechanism to ensure the provision of adequate insurance at reasonable rates to the residents of this state.
Sec. 3. The commissioner shall:
1. Determine the relationship of premiums and related income of insurers to costs and expenses of insurers, provide this information to the legislature and make this information available to the general public.
2. Respond to requests by governmental agencies of this state and by the legislature for special studies and analysis of information collected pursuant to sections 2 to 8, inclusive, of this act.
3. Report to each regular session of the legislature concerning his duties and findings pursuant to this section no later than February 1.
Sec. 4. The commissioner may employ and fix the compensation of, and enter into agreements with, such technical and professional consultants as he deems necessary to accomplish the purposes of sections 2 to 8, inclusive, of this act.
Sec. 5. 1. The commissioner may issue such orders as are necessary to require compliance with the provisions of sections 2 to 8, inclusive, of this act.
2. The commissioner shall adopt regulations requiring each insurer authorized to transact casualty or property insurance in this state to record and report its losses, expenses and other information necessary to assess the relationship of premiums and related income to costs and expenses of insurers. The commissioner may designate one or more rate service organizations or other advisory organizations to gather and compile this information. The commissioner shall require each insurer authorized to transact casualty or property insurance in this state to submit reports, on forms furnished by the commissioner, of its transactions in insurance in this state and elsewhere.
3. If a rate service organization or other advisory organization designated pursuant to subsection 2 imposes a fee for the filing, processing or review of information required to be filed by this section, the insurer shall pay that fee and file the information.
Sec. 6. 1. The commissioner may require that reports submitted pursuant to section 5 of this act include, without limitation, information regarding:
(a) Liability insurance provided to:
(1) Governmental agencies and political subdivisions of this state, reported separately for:
(I) Cities and towns;
κ1989 Statutes of Nevada, Page 1228 (CHAPTER 575, AB 401)κ
(II) School districts; and
(III) Other political subdivisions;
(2) Public officers;
(3) Establishments where alcoholic beverages are sold;
(4) Facilities for the care of children;
(5) Labor, fraternal or religious organizations; and
(6) Officers or directors of organizations formed pursuant to Title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;
(b) Liability insurance for:
(1) Defective products;
(2) Medical malpractice;
(3) Malpractice of attorneys;
(4) Malpractice of architects and engineers; and
(5) Errors and omissions by other professionally qualified persons; and
(c) Vehicle insurance, reported separately for:
(1) Private vehicles;
(2) Commercial vehicles;
(3) Liability insurance; and
(4) Insurance for property damage.
2. The commissioner may require that the report include, without limitation, information specifically pertaining to this state or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:
(a) Premiums directly written;
(b) Premiums directly earned;
(c) Number of policies issued;
(d) Net investment income, using appropriate estimates when necessary;
(e) Losses paid;
(f) Losses incurred;
(g) Loss revenues, including:
(1) Losses unpaid on reported claims; and
(2) Losses unpaid on incurred but not reported claims;
(h) Number of claims, including:
(1) Claims paid; and
(2) Claims that have arisen but are unpaid;
(i) Expenses for adjustment of losses, including allocated and unallocated losses;
(j) New underwriting gain or loss;
(k) Net operation gain or loss, including net investment income; and
(l) Any other information requested by the commissioner.
3. The commissioner may also obtain, based upon an insurer in its entirety, information regarding:
(a) Recoverable federal income tax;
(b) Net unrealized capital gain or loss; and
(c) All other expenses not included in subsection 2.
Sec. 7. 1. Insurers required to file reports pursuant to section 5 of this act shall pay to the insurance division of the department of commerce a reasonable fee established by the commissioner of not more than $500 to cover the costs to the division of the administration and enforcement of sections 2 to 8, inclusive, of this act, including any expenses incident or associated with the requirements of those sections.
κ1989 Statutes of Nevada, Page 1229 (CHAPTER 575, AB 401)κ
costs to the division of the administration and enforcement of sections 2 to 8, inclusive, of this act, including any expenses incident or associated with the requirements of those sections.
2. The cost of furnishing a report, unless furnished to a legislator, must be paid by the party requesting the report.
3. The commissioner may establish a schedule of fees for the purposes of this section.
Sec. 8. 1. An insurer who willfully or repeatedly violates or fails to comply with a provision of sections 2 to 7, inclusive, of this act, or a regulation adopted pursuant to section 5 of this act is subject, after notice and hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to payment of an administrative fine of not more than $1,000 for each day of the violation or failure to comply, up to a maximum fine of $50,000.
2. An insurer who fails or refuses to comply with an order issued by the commissioner pursuant to section 5 of this act is subject, after notice and hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to suspension or revocation of his certificate of authority to transact insurance in this state.
3. The imposition of an administrative fine pursuant to this section must not be considered by the commissioner in any other administrative proceeding unless the fine has been paid or a court order for payment of the fine has become final.
Sec. 9. This act becomes effective upon passage and approval.
________
Assembly Bill No. 388Assemblymen Sedway, Spinello, Callister, Porter, Myrna Williams, Arberry, Evans, DuBois, Diamond and Kerns
CHAPTER 576
AN ACT making an appropriation to the University of Nevada System for the payment of expenses related to the purchase of instructional equipment and furnishings; and providing other matters properly relating thereto.
[Approved June 28, 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 University of Nevada System the sum of $5,339,000 for the payment of expenses related to the acquisition of instructional equipment and furnishings for institutions and agencies within the university system.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1230κ
Assembly Bill No. 351Assemblymen Dini and Schofield
CHAPTER 577
AN ACT making an appropriation to the contingency fund for hazardous materials for use in the event of a spill or accident to pay for costs of cleaning and decontaminating the affected area; requiring repayment to the state general fund in annual installments; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the contingency fund for hazardous materials created pursuant to NRS 459.735 the sum of $35,000.
2. The money so appropriated must be used to carry out the purposes of NRS 459.755.
3. Commencing July 1, 1990, the commission established by the governor pursuant to Public Law 99-499 shall repay in annual installments to the state treasurer for deposit in the state general fund an amount equal to $5,000 until the total sum appropriated is repaid.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 339Assemblymen Arberry, Wendell Williams, Regan, Gaston, Nevin, Spinello, Sedway, Callister, Bogaert, Brookman, Lambert, Humke, Chowning, Sheerin, Carpenter, Myrna Williams, McGinness, Triggs, Freeman, Schofield, Gibbons, Wisdom, McGaughey, Spriggs, Fay, Marvel, Jeffrey, Thompson, Adler, Kissam, Sader, DuBois, Bergevin, Diamond, Evans, Swain and Garner
CHAPTER 578
AN ACT relating to controlled substances; clarifying that real property is subject to forfeiture if used by a tenant to facilitate certain crimes involving controlled substances; requiring in such cases that the owner be notified about the unlawful use of the property; expanding unlawful detainer to include a tenants violation of certain criminal statutes involving controlled substances on the leased premises; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by him as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the arrest.
κ1989 Statutes of Nevada, Page 1231 (CHAPTER 578, AB 339)κ
delivered to the owner of the property or mobile home a written notice of the arrest.
2. Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by him as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.
3. The notices required by this section must:
(a) Be written in language which is easily understood;
(b) Be sent by certified or registered mail, return receipt requested, to the owner at his last known address;
(c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;
(d) Identify the tenant involved and the offense for which he has been arrested or convicted; and
(e) Advise the owner that:
(1) The property or mobile home is subject to forfeiture pursuant to NRS 453.301 and 179.1156 to 179.119, inclusive, unless the tenant, if convicted, is evicted;
(2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;
(3) In any proceeding for forfeiture based upon such a violation he will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property or mobile home; and
(4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction to facilitate his recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorneys fees he incurs in doing so.
4. Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 453.301 and 179.1156 to 179.119, inclusive.
5. As used in this section, tenant means any person entitled under a written or oral rental agreement to occupy real property or a mobile home to the exclusion of others.
Sec. 2. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
κ1989 Statutes of Nevada, Page 1232 (CHAPTER 578, AB 339)κ
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.
7. All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332.
8. All real property and mobile homes used or intended to be used by any owner or tenant of the property or mobile home to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336. As used in this subsection, tenant means any person entitled, under a written or oral rental agreement, to occupy real property or a mobile home to the exclusion of others.
9. Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, all proceeds traceable to such an exchange, and all other property used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.
[9.] 10. All firearms, as defined by NRS 202.253, which are in the actual or constructive possession of a person who possesses or is consuming, manufacturing, transporting, selling or under the influence of any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive.
Sec. 3. NRS 40.2514 is hereby amended to read as follows:
40.2514 A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he [assigns] :
1. Assigns or sublets the leased premises contrary to the covenants of the lease [, or commits] ;
2. Commits or permits waste thereon [, or when he sets] ;
3. Sets up or carries on therein or thereon any unlawful business [, or when he suffers,] ;
4. Suffers permits or maintains on or about the premises any nuisance [,] ; or
5. Violates any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, therein or thereon,
and remains in possession after service upon him of 3 days notice to quit.
Sec. 4. NRS 40.253 is hereby amended to read as follows:
40.253 1. Except as otherwise provided in subsection 6, in addition to the remedy provided in NRS 40.2512 and in NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service.
κ1989 Statutes of Nevada, Page 1233 (CHAPTER 578, AB 339)κ
any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. The notice must advise the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace that he has tendered payment or is not in default in the payment of the rent. If the tenant timely files the affidavit stating that he has either tendered payment of or paid the rent, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.
2. Upon noncompliance with the notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township in which the dwelling, apartment, mobile home or commercial premises are located. The justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph must contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(9) A copy of the signed written rental agreement, if any.
(b) Except where the tenant has timely filed the affidavit described in subsection 1 and a file-stamped copy of it has been received by the landlord or his agent, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. Upon the filing by the tenant of the affidavit permitted in subsection 1 and the filing by the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the justice of the peace may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection 2. If the justice of the peace determines that there is a legal defense as to the alleged unlawful detainer, he shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the justice of the peace to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.
κ1989 Statutes of Nevada, Page 1234 (CHAPTER 578, AB 339)κ
unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the justice of the peace to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.
4. The tenant may, upon payment of the appropriate fees required by chapter 4 of NRS relating to the filing and service of a motion, file a motion with the justice of the peace, on a form provided by the clerk of the justices court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
5. Upon the filing of a motion pursuant to subsection 4, the justice of the peace shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The justice of the peace shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the justice of the peace may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460, and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to be due.
6. This section does not apply to the tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.
Sec. 5. NRS 40.254 is hereby amended to read as follows:
40.254 Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS 40.280; and
(b) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the justice of the peace that he is not guilty of an unlawful detainer.
2. The affidavit of the landlord or his agent submitted to the justice of the peace must contain:
(a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.
(b) The date when the tenancy or rental agreement allegedly terminated.
κ1989 Statutes of Nevada, Page 1235 (CHAPTER 578, AB 339)κ
(c) The date when the tenant became subject to the provisions of NRS 40.251 to 40.2516, inclusive, together with any supporting facts.
(d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result of his violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorneys fees incurred by the landlord or his agent as a result of a hearing, if any, held pursuant to subsection 3 of NRS 40.253 wherein the tenant contested the eviction.
Sec. 6. NRS 179.1164 is hereby amended to read as follows:
179.1164 1. Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:
(a) Any proceeds attributable to the commission or attempted commission of any felony.
(b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760 or 453.301.
2. Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge or consent of the claimant.
3. Unless the owner of real property or a mobile home:
(a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of section 1 of this act; or
(b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,
the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by section 1 of this act have been given in connection with another such violation relating to the property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.
Sec. 7. Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 1236κ
Assembly Bill No. 333Committee on Natural Resources, Agriculture and Mining
CHAPTER 579
AN ACT relating to water; requiring local governments to file reports with the administrator of the division of water planning of the state department of conservation and natural resources concerning the approval of certain new development which requires the use of water; creating an advisory board on water resources planning and development; authorizing the development of plans concerning water resources; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 540 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. It is the intent of the legislature, in accordance with the state policy set forth in NRS 540.011, to provide for the reporting of all projects to the administrator to ensure effective coordination by the state in its effort to plan water use.
Sec. 3. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
Project means any development, including new construction and expansion or modification of existing development, that requires the use of 5 acre-feet or more of water per year and requires the approval of an officer or agency of a local government.
Sec. 4. Sections 2 to 5, inclusive, of this act, do not apply to:
1. A publicly owned project;
2. A subdivision as defined in NRS 278.320;
3. A parcel map filed pursuant to NRS 278.461;
4. A division of land pursuant to NRS 278.471 to 278.4725, inclusive; or
5. A planned unit development pursuant to chapter 278A of NRS.
Sec. 5. 1. A local governmental officer or agency that is required to approve a project shall file a report of each project the officer or agency approves on a form provided by the administrator.
2. Each report of an approved project must include:
(a) The name and mailing address of the owner or developer of the project;
(b) A legal description of the location of the project;
(c) A description of the project, including a summary of the amount of water required annually for the project;
(d) A statement concerning how the water will be supplied; and
(e) If the water is self-supplied, the source of the water and identification of the water rights.
3. A local governmental officer or agency may require the owner or developer of an approved project to fill out the report.
4. The local governmental officer or agency shall file all reports for projects approved during a quarter of a calendar year on or before 15 days after the last day of the quarter. The local governmental officer or agency shall submit a fee with each report in the amount of $75 plus 50 cents per acre-foot of water, or fraction thereof, required by the project.
κ1989 Statutes of Nevada, Page 1237 (CHAPTER 579, AB 333)κ
acre-foot of water, or fraction thereof, required by the project. The local governmental officer or agency shall collect the fee from the owner or developer of the project, plus an additional administrative fee of $10 which may be retained by the local government. The administrative fee is not subject to the limitations in NRS 354.5989.
5. The administrator shall deposit all fees he receives pursuant to this section with the state treasurer for credit to the state general fund.
Sec. 6. 1. The administrator may develop plans for the use of water resources which affect a specified region, the area within the jurisdiction of a local government or the state.
2. A water plan developed pursuant to subsection 1 must be approved by the legislature before it is implemented.
Sec. 7. 1. The advisory board on water resources planning and development, consisting of 13 members, is hereby created within the division.
2. The members of the board for financing water projects are ex officio members of the advisory board. The governor shall appoint the remaining eight members of the advisory board as follows:
(a) Six members who are representatives of the governing bodies of counties and cities;
(b) One member who is a representative of the largest water utility in the county with the largest population in the state; and
(c) One member who is a representative of the largest water utility in the county with the second largest population in the state.
The governor shall make the appointments required by this subsection so that, including the ex officio members, at least seven members of the advisory board are residents of the county with the largest population in the state and at least three members are residents of the county with the second largest population in the state.
3. The appointed members of the advisory board serve at the pleasure of the appointing authority.
4. All vacancies in the appointed members on the advisory board must be filled in the same manner of appointment as the member who created the vacancy.
5. The members of the advisory board are entitled to receive a salary of $60 for each days attendance at a meeting of the advisory board and the travel and subsistence allowances provided by law for state officers and employees generally.
6. The advisory board shall, at its first meeting and annually thereafter, elect a chairman from among its members.
7. The advisory board may meet at least once in each calendar quarter and at other times upon the call of the chairman or a majority of the members.
8. Seven members of the advisory board constitute a quorum. A quorum may exercise all of the powers and duties of the advisory board.
9. The advisory board shall:
(a) Advise the administrator on matters relating to the planning and development of water resources;
(b) Be informed on and interested in the administrative duties of the division and any legislation recommended by the division;
κ1989 Statutes of Nevada, Page 1238 (CHAPTER 579, AB 333)κ
(c) Advise and make recommendations through the division and the state department of conservation and natural resources to the governor and the legislature concerning policies for water planning and the development of water resources in this state; and
(d) Advise the administrator concerning the policies of the division and areas of emphasis for the planning of water resources.
Sec. 8. NRS 540.031 is hereby amended to read as follows:
540.031 The division of water planning of the state department of conservation and natural resources is hereby created. [The governor may appoint an advisory board to advise the department on matters relating to the planning and development of water resources.]
Sec. 9. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. Except as otherwise provided in NRS 354.59891 [,] and section 5 of this act, a local government shall not increase any fee for a license or permit or adopt a fee for a license or permit, including without limitation every license or permit issued for revenue or regulation or both, such as business licenses, liquor licenses, gaming licenses, and building and zoning permits, except as permitted by this section. This prohibition does not apply to fees imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District.
2. The amount of revenue derived by the local government from all fees except those excluded by subsection 1, for the fiscal year ended on June 30, 1982, is the base from which the maximum allowable revenue from such fees must be calculated for subsequent years. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by:
(a) Eighty percent of the proportionate increase in the Consumer Price Index from January 1, 1982, to January 1 next preceding the fiscal year for which the calculation is made; and
(b) The quotient of the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls since July 1, 1982, divided by the total assessed valuation, for the fiscal year next preceding the one for which the calculation is made, of all property except that new property added.
3. A local government may not increase any fee for a license or permit which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding calendar year by 80 percent or more of the increase in the Consumer Price Index during that preceding calendar year.
4. If the executive director of the department of taxation excludes fees for building permits from the maximum allowable revenue from fees of a local government pursuant to NRS 354.59891, he shall decrease the maximum allowable revenue from fees established pursuant to this section for that local government by an amount equal to the portion of the total fees otherwise allowable which was attributable to fees for building permits.
5. A local government may submit an application to increase its revenue from fees beyond the maximum allowable under this section to the Nevada tax commission, which may grant the application only if it finds that under the circumstances a special distribution could be made from the reserve fund for the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution.
κ1989 Statutes of Nevada, Page 1239 (CHAPTER 579, AB 333)κ
the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution.
6. The provisions of this section apply to any license or permit for any purpose regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this sections is void.
Sec. 10. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 329Assemblymen Wendell Williams, Sader, Arberry, Freeman, McGaughey, Diamond, Kissam, Adler, DuBois, McGinness, Triggs, Humke, Spriggs, Garner, Spinello, Marvel, Callister, Gibbons, Sheerin, Chowning, Price, Fay, Porter, Nevin, Brookman, Bogaert, Dini, Wisdom, Schofield and Gaston
CHAPTER 580
AN ACT relating to crimes; prohibiting the discharge of a firearm out of a motor vehicle; providing penalties; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:
(a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game animal or game bird pursuant to subsection 2 of NRS 503.010; or
(b) A peace officer while engaged in the performance of his official duties.
3. As used in this section, motor vehicle means every vehicle which is self-propelled.
Sec. 2. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.255 to 202.360, inclusive, and section 1 of this act, firearm means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.
κ1989 Statutes of Nevada, Page 1240 (CHAPTER 580, AB 329)κ
greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.
Sec. 3. NRS 202.280 is hereby amended to read as follows:
202.280 1. [Any] Unless a greater penalty is provided in section 1 of this act, a person, whether under the influence of liquor , a controlled substance or otherwise, who [shall] maliciously, wantonly or negligently [discharge or cause] discharges or causes to be discharged any pistol, gun or any other kind of firearm, in or upon any public street or thoroughfare, or in any theater, hall, store, hotel, saloon or any other place of public resort, or [throw] throws any deadly missile in a public place [,] or in any place were any person might be endangered thereby, although no injury [result, shall be] results, is guilty of a misdemeanor.
2. All civil, military and peace officers shall be vigilant in carrying the provisions of subsection 1 into full force and effect. Any peace officer who [shall neglect] neglects his duty in the [due] arrest of any such offender [shall be] is guilty of a gross misdemeanor.
Sec. 4. NRS 202.285 is hereby amended to read as follows:
202.285 1. Any person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender : [shall be punished:]
(a) If it has been abandoned, [for] is guilty of a misdemeanor [.] unless a greater penalty is provided in section 1 of this act.
(b) Otherwise, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.
Sec. 5. NRS 202.290 is hereby amended to read as follows:
202.290 [Every] Unless a greater penalty is provided in section 1 of this act, a person who [shall aim] aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being, or who [shall willfully discharge] willfully 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] results, is guilty of a misdemeanor.
Sec. 6. NRS 202.320 is hereby amended to read as follows:
202.320 1. [Any] Unless a greater penalty is provided in section 1 of this act, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who , [shall,] in the presence of two or more persons, [draw or exhibit] draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who [shall] in any manner unlawfully [use the same] uses that weapon in any fight or quarrel, [shall be] is guilty of a misdemeanor.
κ1989 Statutes of Nevada, Page 1241 (CHAPTER 580, AB 329)κ
the same] uses that weapon in any fight or quarrel, [shall be] is guilty of a misdemeanor.
2. [No] A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his duties.
Sec. 7. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, grand larceny or pandering or of a violation of NRS 465.070 to 465.085, inclusive, or section 1 of this act, is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, or section 1 of this act, are subject to forfeiture except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay [off] the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
Sec. 8. NRS 403.560 is hereby amended to read as follows:
403.560 1. The board of county commissioners of each county shall cause to be put up, and to be kept up thereafter, at each crossing or [forks] fork of any county road in the county, a guideboard, having thereon an index or pointer and the words To (naming the place or first point of any importance on such road, and in remote desert and mountain areas to the nearest water, and the number of miles, as near as may be, thereto) miles. [Such number of guideboards shall] The guideboards must be put up and so placed at all such points as to enable travelers readily to understand therefrom the road they wish to travel in order to arrive at the desired destination, or to find [such] water.
2. [Any] Unless a greater penalty is provided in section 1 of this act, a person who [shall willfully tear down, dig up, shoot] willfully tears down, digs up, shoots or in any manner [deface, destroy or carry] defaces, destroys or carries away any such guideboard, road marker, highway sign or descriptive sign [shall be] is guilty of a misdemeanor.
κ1989 Statutes of Nevada, Page 1242 (CHAPTER 580, AB 329)κ
Sec. 9. NRS 405.010 is hereby amended to read as follows:
405.010 1. Whenever, by reason of excessive moisture or a lack of moisture, [the public roads or highways] a section of public road or highway under the supervision of [either the several boards] a board of county highway commissioners or [the boards] board of county commissioners [may be] is damaged by heavy loads [thereon, the several boards] , the board of county highway commissioners or board of county commissioners having supervision over the section of public [roads or highways, or the several boards of county highway commissioners having supervision over the public roads or highways of this state, shall have authority:
(a) To close any] road or highway may:
(a) Close the section of public road or highway to such extent and for such time as may be necessary.
(b) [To fix] Fix the maximum load [limit] which may pass over [any] the section of public road or highway . [or any section thereof.]
2. Notices of the closing of any section of public road or highway or limiting of the maximum load which may pass over the section of public road or highway under the provisions of this section [shall] must be given by placing a notice at each end of the section of road or highway to be protected, after [such] the board of county commissioners or board of county commissioners [shall have] has passed a resolution to [such] that effect, which resolution [shall be spread] must appear upon the minutes of [such] the board of county highway commissioners or board of county commissioners. [Such notice shall] The notice must state that [such] the section of road is closed to traffic or state the maximum load which may be drawn or carried over the section of road or highway . [or section thereof.
3. Any person, firm, company or corporation who shall deface, destroy, shoot or remove]
3. Unless a greater penalty is provided in section 1 of this act, a person who defaces, destroys, shoots or removes any sign or notice so erected or placed [shall be] is guilty of a misdemeanor.
4. Any person [, firm, company or corporation who shall pass] who passes over a section of road so closed, [or any part thereof, or who shall carry over such road or any section thereof] or who carries over the section of road any load in excess of the weight stated in [such] the resolution of the board of county highway commissioners or [the] board of county commissioners and as stated in [such] the notice, shall be punished by a fine of not more than $500, and [shall be] is liable for any damage that may be done to any section of public road or highway [or any section thereof] as the result of [such] the unlawful passage.
Sec. 10. NRS 503.175 is hereby amended to read as follows:
503.175 [It is unlawful for any person to discharge] Unless a greater penalty is provided in section 1 of this act, a person who discharges a firearm from, upon, over or across any federal highway, state highway as described in NRS 408.285, or main or general county road as designated in NRS 403.170 [.] , is guilty of a misdemeanor.
Sec. 11. Section 2 of chapter 311, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 2. NRS 179.121 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 1243 (CHAPTER 580, AB 329)κ
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, grand larceny or pandering or of a violation of section 1 of this act or NRS 465.070 to 465.085, inclusive, or section 1 of [this act,] Assembly Bill No. 329 of this session, is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, or section 1 of [this act,] Assembly Bill No. 329 of this session, are subject to forfeiture except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
Sec. 12. Section 1 of Assembly Bill No. 823 of this session is hereby amended to read as follows:
Section 1. NRS 202.290 is hereby amended to read as follows:
202.290 Unless a greater penalty is provided in section 1 of [this act,] Assembly Bill No. 329 of this session, a person who [aims] willfully:
1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being [, or who willfully discharges] ; or
2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although [no injury results,] an injury does not result,
is guilty of a gross misdemeanor.
Sec. 13. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1244κ
Assembly Bill No. 295Assemblymen Nevin, Sheerin, Garner, Jeffrey, Regan, Diamond, Chowning, Freeman, Adler, Dini, Carpenter, Bogaert, Gibbons, Wendell Williams, Myrna Williams, Spinello, Callister, Porter, DuBois, Humke, Thompson, Evans, Price, Sader and Arberry.
CHAPTER 581
AN ACT relating to the state personnel system; providing that all grievances are subject to adjustment and may be appealed to the employee-management committee; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.384 is hereby amended to read as follows:
284.384 1. The director shall propose, and the commission shall adopt, regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.165, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.376 or 284.390 is subject to adjustment pursuant to this section.
2. The regulations must provide procedures for:
(a) Consideration and adjustment of the grievance within the agency in which it arose.
(b) [Submission of the grievance to the department for review and recommendation if no resolution is reached within the agency.
(c)] Submission to the employee-management committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a dispute which has a fiscal effect to the budget division of the department of administration for a determination by that division whether the resolution is feasible on the basis of its fiscal effects; and
(b) Making the resolution binding.
4. Any grievance which is subject to adjustment pursuant to this section may be appealed to the employee-management committee for a final decision.
5. As used in this section, grievance means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.
________
κ1989 Statutes of Nevada, Page 1245κ
Assembly Bill No. 284Committee on Labor and Management
CHAPTER 582
AN ACT relating to industrial insurance; allowing an employer who leases real property to agree to insure the owner or lessor against certain liability; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.265 is hereby amended to read as follows:
616.265 1. [No] Except as otherwise provided in subsection 2:
(a) A contract of employment, insurance, relief benefit, indemnity, or any other device, [shall] does not modify, change or waive any liability created by this chapter.
[2.] (b) A contract of employment, insurance, relief benefit, indemnity, or any other device, having for its purpose the waiver or modification of the terms or liability created by this chapter [shall be] is void.
2. Nothing in this section prevents an owner or lessor or real property from requiring an employer who is leasing the real property from agreeing to insure the owner or lessor of the property against any liability for repair or maintenance of the premises.
________
Assembly Bill No. 264Committee on Labor and Management
CHAPTER 583
AN ACT relating to unemployment compensation; changing the method for the reduction of benefits received by a claimant because of payments received from a pension; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.375 is hereby amended to read as follows:
612.375 1. An unemployed person is eligible to receive benefits with respect to any week only if the executive director finds that:
(a) He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such a manner as the executive director [may prescribe,] prescribes, except that the executive director may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.
κ1989 Statutes of Nevada, Page 1246 (CHAPTER 583, AB 264)κ
(b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
(c) He is able to work, and is available for work , [;] but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
(d) He has within his base period been paid wages from employers equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest. If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages. No person may receive benefits in a benefit year unless, [subsequent to] after the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.
2. For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 3 the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if [the contributions to the pension or retirement plan were made entirely by the claimant or by the claimant and an employer or other person who is neither a base-period employer nor an employer whose account is chargeable with benefit payments;] the claimant made any contribution to the pension or retirement plan; or
(b) Be reduced by [half the proportionate weekly amount of the pension or other payment if at least half but less than the entire amount of the contributions to the pension or retirement plan were made by the claimant; or
(c) Be reduced by] the entire proportionate weekly amount of the pension or other payment if [neither paragraph (a) or (b) applies.] the employer contributed the entire amount to the pension or retirement plan.
3. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimants eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974 , [(] or the corresponding provisions of prior law , [),] which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.
κ1989 Statutes of Nevada, Page 1247 (CHAPTER 583, AB 264)κ
paid pursuant to the Social Security Act or Railroad Retirement Act of 1974 , [(] or the corresponding provisions of prior law , [),] which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.
________
Assembly Bill No. 241Committee on Ways and Means
CHAPTER 584
AN ACT making an appropriation to the division of financial institutions of the department of commerce for the payment of expenses related to the enhancement of existing data processing capabilities; and providing other matters properly relating thereto.
[Approved June 28, 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 financial institutions of the department of commerce the sum of $39,989 for the payment of expenses related to the enhancement of existing data processing capabilities.
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. 231Assemblymen Dini, Callister, Jeffrey, Spinello, Marvel, Humke, Kerns, Swain, DuBois, Myrna Williams, Sedway, Arberry and Price
CHAPTER 585
AN ACT making an appropriation to the Clear Creek Youth Center of the department of administration for payment of the expenses related to the improvement and rehabilitation of facilities; and providing other matters properly relating thereto.
[Approved June 28, 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 Clear Creek Youth Center of the department of administration the sum of $99,892 for the payment of expenses related to the improvement and rehabilitation of facilities.
κ1989 Statutes of Nevada, Page 1248 (CHAPTER 585, AB 231)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. 114Assemblymen DuBois, Porter, Evans, Wisdom, Sheerin, Lambert, Bergevin, Gaston, McGaughey, Spinello, Arberry, McGinness, Humke, Freeman, Sedway, Jeffrey, Diamond, Thompson, Adler, Sader, Callister, Bogaert and Fay
CHAPTER 586
AN ACT relating to insurance; requiring certain notice to the insured before proposed cancellation, nonrenewal or alteration of policy or coverage; requiring the commissioner of insurance to adopt regulations governing the disclosure of the provisions and limitations of the policy or coverage; requiring such a disclosure before the issuance of a policy or evidence of coverage; requiring certain employers to notify employees of an anticipated nonpayment of the premium for the employees insurance; requiring certain employers to notify employees of his acceptance or cancellation of group life, dental or health insurance; requiring that certain contracts of health insurance provide continuing coverage to an employee on leave without pay; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not cancel, fail to renew or renew with altered terms a policy or contract issued pursuant to chapter 689A, 689B, 695B, 695C or 695D of NRS unless notice in writing of the proposal is given to the insured at least 60 days before the date the proposed action becomes effective. The notice must include, without limitation, any changes in specific rates by line of coverage.
Sec. 2. Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. The commissioner shall adopt regulations which require an insurer to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each policy of health insurance offered by the insurer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the policy; and
(b) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the policy.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine the governing contractual provisions.
κ1989 Statutes of Nevada, Page 1249 (CHAPTER 586, AB 114)κ
only, and that the policy itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
Sec. 4. An insurer shall provide each person to whom it offers a policy of health insurance with a copy of the disclosure approved for that policy pursuant to section 2 of this act before the policy is issued. An insurer shall not offer a policy of health insurance unless the disclosure for that policy has been approved by the commissioner.
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. 1. The commissioner shall adopt regulations which require an insurer to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each policy of group health insurance offered by the insurer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the policy; and
(b) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the policy.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
Sec. 7. An insurer shall provide to the group policyholder to whom it offers a policy of group health insurance a copy of the disclosure approved for that policy pursuant to section 6 of this act before the policy is issued. An insurer shall not offer a policy of health insurance unless the disclosure for that policy has been approved by the commissioner.
Sec. 8. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, total disability and totally disabled mean the continuing inability of the employee or member, because of an injury or illness, to perform substantially the duties related to his employment for which he is otherwise qualified.
2. No group policy of health insurance may be delivered or issued for delivery in this state unless it provides continuing coverage for an employee or member of the insured group, and his dependents who are otherwise covered by the policy, while the employee or member is on leave without pay as a result of a total disability. The coverage must be for any injury or illness suffered by the employee or member which is not related to the total disability or for an injury or illness suffered by his dependent. The coverage for such injury or illness must be equal to or greater than the coverage otherwise provided by the policy.
3. The coverage required pursuant to subsection 2 must continue until:
κ1989 Statutes of Nevada, Page 1250 (CHAPTER 586, AB 114)κ
(a) The date on which the employment of the employee or member is terminated;
(b) The date on which the employee or member obtains another policy of health insurance;
(c) The date on which the group policy of health insurance is terminated; or
(d) After a period of 12 months in which benefits under such coverage are provided to the employee or member,
whichever occurs first.
Sec. 9. NRS 689B.063 is hereby amended to read as follows:
689B.063 1. When a policy of group insurance is primary, its benefits are determined before those of another policy and the benefits of another policy are not considered. When a policy of group insurance is secondary, its benefits are determined after those of another policy. Secondary benefits may not be reduced because of benefits under the primary policy. When there are more than two policies, a policy may be primary as to one and may be secondary as to another.
2. As used in this section, a policy of group insurance includes Medicare.
Sec. 10. NRS 689B.120 is hereby amended to read as follows:
689B.120 1. [All] Except as otherwise provided in subsection 3, all policies of group health insurance delivered or issued for delivery in this state providing for hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense-incurred basis must contain a provision that the employee or member is entitled to have issued to him by the insurer a policy of health insurance when the employee or member is no longer covered by the group policy.
2. The requirement in subsection 1 does not apply to policies providing benefits only for specific diseases or accidental injuries, and it applies to other policies only if:
(a) The termination of coverage under the group policy is not due to termination of the group policy itself unless the termination of the group policy has resulted from failure of the policyholder to remit the required premiums;
(b) The termination is not due to failure of the employee or member to remit any required contributions;
(c) The employee or member has been continuously insured under any group policy of the employer for at least 3 consecutive months immediately before the termination; and
(d) The employee or member applies in writing for the converted policy and pays his first premium to the insurer no later than 31 days after the termination.
3. If an employee or member was a recipient of benefits under the coverage provided pursuant to section 8 of this act, he is not entitled to have issued to him by a replacement insurer a policy of health insurance unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to section 8 of this act.
κ1989 Statutes of Nevada, Page 1251 (CHAPTER 586, AB 114)κ
Sec. 11. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, total disability and totally disabled mean the continuing inability of the member, because of an injury or illness, to perform substantially the duties related to his employment for which he is otherwise qualified.
2. No certificate of health insurance may be delivered or issued for delivery in this state unless it provides continuing coverage for a member, and his dependents who are otherwise covered by the policy, while the member is on leave without pay as a result of a total disability. The coverage must be for any injury or illness suffered by the member which is not related to the total disability or for any injury or illness suffered by his dependent. The coverage for such injury or illness must be equal or greater than the coverage otherwise provided by the policy.
3. The coverage required pursuant to subsection 2 must continue until:
(a) The date on which the employment of the member is terminated;
(b) The date on which the member obtains another policy of health insurance;
(c) The date on which the certificate of health insurance is terminated; or
(d) After a period of 12 months in which benefits under such coverage are provided to the member,
whichever occurs first.
Sec. 12. Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 13, 14 and 15 of this act.
Sec. 13. 1. The commissioner shall adopt regulations which require an insurer to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each contract for hospital or medical service offered by the insurer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the contract; and
(b) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the contract.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the contract only, and that the contract itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
Sec. 14. An insurer shall provide to the group policyholder to whom it offers a contract for hospital or medical service a copy of the disclosure approved for that contract pursuant to section 13 of this act before the contract is issued. An insurer shall not offer a contract for hospital or medical service unless the disclosure for that contract has been approved by the commissioner.
Sec. 15. 1. As used in this section, total disability and totally disabled mean the continuing inability of the employee or member, because of an injury or illness, to perform substantially the duties related to his employment for which he is otherwise qualified.
κ1989 Statutes of Nevada, Page 1252 (CHAPTER 586, AB 114)κ
an injury or illness, to perform substantially the duties related to his employment for which he is otherwise qualified.
2. No group subscriber contract for hospital, medical or dental service may be delivered or issued for delivery in this state unless it provides continuing coverage for an employee or member and his dependents who are otherwise covered by the policy while the employee or member is on leave without pay as a result of total disability. The coverage must be for any injury or illness suffered by the employee or member which is not related to the total disability or for any injury or illness suffered by his dependent. The coverage for such injury or illness must be equal to or greater than the coverage otherwise provided by the policy.
3. The coverage required pursuant to subsection 2 must continue until:
(a) The date on which the employment of the employee or member is terminated;
(b) The date on which the employee or member obtains another policy of health insurance;
(c) The date on which the group subscriber contract is terminated; or
(d) After a period of 12 months in which benefits under such coverage are provided to the employee or member,
whichever occurs first.
Sec. 16. NRS 695B.251 is hereby amended to read as follows:
695B.251 1. [All] Except as otherwise provided in subsection 3, all group subscriber contracts delivered or issued for delivery in this state providing for hospital, surgical or major medical coverage, or any combination of these coverages, on a service basis or an expense-incurred basis, or both, must contain a provision that the employee or member is entitled to have issued to him a subscriber contract of health coverage when the employee or member is no longer covered by the group subscriber contract.
2. The requirement in subsection 1 does not apply to contracts providing benefits only for specific diseases or accidental injuries, and it applies to other contracts only if:
(a) The termination of coverage under the group contract is not due to termination of the group contract itself unless the termination of the group contract has resulted from failure of the contract holder or agent, or both, to remit the required premiums;
(b) The termination is not due to failure of the employee or member to remit any required contributions;
(c) The employee or member has been continuously covered under the group contract for at least 3 consecutive months immediately before the termination; and
(d) The employee or member applies in writing for the converted contract and pays his first premium to the medical service corporation no later than 31 days after the termination.
3. If an employee or member was a recipient of benefits under the coverage provided pursuant to section 15 of this act, he is not entitled to have issued to him by a replacement insurer a subscriber contract of health coverage unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to section 15 of this act.
κ1989 Statutes of Nevada, Page 1253 (CHAPTER 586, AB 114)κ
Sec. 17. Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 18, 19 and 20 of this act.
Sec. 18. 1. The commissioner shall adopt regulations which require a health maintenance organization to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each health care plan offered by the health maintenance organization. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the plan; and
(b) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the plan.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the plan only, and that the evidence of coverage itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
Sec. 19. A health maintenance organization shall provide to the group policyholder to whom it offers a health care plan a copy of the disclosure approved for that plan pursuant to section 18 of this act before the plan is issued. A health maintenance organization shall not offer a health care plan unless the disclosure for that plan has been approved by the commissioner.
Sec. 20. 1. As used in this section, total disability and totally disabled mean the continuing inability of the enrollee, because of an injury or illness, to perform substantially the duties related to his employment for which he is otherwise qualified.
2. No policy of group insurance to which an enrollee is entitled under a health care plan provided by a health maintenance organization may be delivered or issued for delivery in this state unless it provides continuing coverage for an enrollee and his dependents who are otherwise covered by the policy while the enrollee is on leave without pay as a result of a total disability. The coverage must be for any injury or illness suffered by the enrollee which is not related to the total disability or for any injury or illness suffered by his dependent. The coverage must be equal to or greater than the coverage otherwise provided by the policy.
3. The coverage required pursuant to subsection 2 must continue until:
(a) The date on which the employment of the enrollee is terminated;
(b) The date on which the enrollee obtains another policy of health insurance;
(c) The date on which the policy of group insurance is terminated; or
(d) After a period of 12 months in which benefits under such coverage are provided to the enrollee,
whichever occurs first.
Sec. 21. NRS 695C.1705 is hereby amended to read as follows:
695C.1705 1. A group health care plan issued by a health insurance maintenance organization to replace any discontinued policy or coverage for group health insurance must:
κ1989 Statutes of Nevada, Page 1254 (CHAPTER 586, AB 114)κ
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that plan is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement plan pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any health maintenance organization which issues a replacement plan pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the organization indicating what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. If an employee or enrollee was a recipient of benefits under the coverage provided pursuant to section 20 of this act, he is not entitled to have issued to him by a health maintenance organization a replacement plan unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to section 20 of this act.
5. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group health care plan issued by a health maintenance organization.
Sec. 22. Chapter 695D of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.
Sec. 23. 1. The commissioner shall adopt regulations which require an organization for dental care to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each plan for dental care offered by the organization for dental care. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the plan; and
(b) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the plan.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
Sec. 24. An organization for dental care shall provide to the group policyholder to whom it offers a plan for dental care a copy of the disclosure approved for that plan pursuant to section 23 of this act before the policy is issued.
κ1989 Statutes of Nevada, Page 1255 (CHAPTER 586, AB 114)κ
approved for that plan pursuant to section 23 of this act before the policy is issued. An organization for dental care shall not offer a plan for dental care unless the disclosure for that plan has been approved by the commissioner.
Sec. 25. NRS 608.1577 is hereby amended to read as follows:
608.1577 1. An employer must notify his employees of his intent to accept a policy of group life, dental or health insurance which covers the employees.
2. If an employer is the policyholder of a policy of group life , dental or health insurance which covers his employees, he shall notify the employees of:
(a) Any termination, reduction or substantial modification of benefits under the policy; and
(b) Any change of insurer.
[2. The]
3. If an employer is the policyholder or contract holder under a policy or contract issued pursuant to chapter 689B, 695B, 695C or 695D of NRS which provides benefits for his employees, he shall, if applicable, notify the employees of:
(a) His inability to pay a premium when due; and
(b) His intention to stop paying premiums.
4. Any notice required pursuant to this section must be:
(a) Given at least [10] 15 days before the:
(1) Acceptance of, change in or termination of benefits or insurers; or
(2) Next unpaid premium is due; and
(b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.
Sec. 26. 1. This section and sections 1, 2, 3, 5, 6, 8 to 13, inclusive, 15 to 18, inclusive, 20 to 23, inclusive, and 25 of this act become effective on July 1, 1989. The commissioner of insurance shall adopt regulations required by sections 3, 6, 13, 18 and 23 of this act on or before October 1, 1989.
2. Section 4 of this act becomes effective January 1, 1990, and applies to any policy of health insurance offered or issued on or after January 1, 1990.
3. Section 7 of this act becomes effective January 1, 1990, and applies to any policy of group health insurance offered or issued on or after January 1, 1990.
4. Section 14 of this act becomes effective January 1, 1990, and applies to any contract for hospital or medical service offered or issued on or after January 1, 1990.
5. Section 19 of this act becomes effective January 1, 1990, and applies to any health care plan offered or issued on or after January 1, 1990.
6. Section 24 of this act becomes effective January 1, 1990, and applies to any health care plan offered or issued on or after January 1, 1990.
________
κ1989 Statutes of Nevada, Page 1256κ
Assembly Bill No. 88Assemblymen Myrna Williams, Lambert and Kissam
CHAPTER 587
AN ACT relating to local governmental finances; creating the fund to finance the construction of treatment works and the implementation of pollution control projects; authorizing an alternative method of borrowing money or purchasing or leasing property for local governments; authorizing certain local governments to invest money in certain obligations of local governments; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. 1. The legislature finds that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient treatment works and other pollution control projects are essential for the protection and improvement of the waters of this state and the public health of the residents of this state; and
(b) The protection of the waters of this arid state justifies the states participation and assistance in a program which provides long-term financing to aid municipalities and interstate agencies in the construction of treatment works and the implementation of pollution control projects. The provisions of sections 2 to 22, inclusive, of this act shall be liberally construed to carry out the purposes of the act.
2. The legislature declares that the creation of a fund to finance the construction of treatment works and the implementation of pollution control projects will enable the state to receive its maximum share of the federal money available pursuant to the Federal Water Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that the municipalities in this state and interstate agencies receive federal money for treatment works and programs for the control of pollution.
3. The legislature finds and declares that any general obligation bonds or revenue bonds issued pursuant to section 19 of this act are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 3. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Commission means the state environmental commission.
Sec. 5. Construction means any:
1. Preliminary planning to determine the feasibility of treatment works or pollution control projects;
κ1989 Statutes of Nevada, Page 1257 (CHAPTER 587, AB 88)κ
2. Engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures which comply with the requirements adopted pursuant to 33 U.S.C. §§ 1381 et seq.; or
3. Other necessary actions including the erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or pollution control projects, or the inspection or supervision of any item set forth in this section.
Sec. 6. Department means the state department of conservation and natural resources.
Sec. 7. Director means the director of the state department of conservation and natural resources.
Sec. 8. Fund means the fund to finance the construction of treatment works and the implementation of pollution control projects created in section 13 of this act.
Sec. 9. Interstate agency has the meaning ascribed to it in NRS 445.161.
Sec. 10. Municipality has the meaning ascribed to it in NRS 445.166.
Sec. 11. Pollution control project means any eligible component of the management programs established pursuant to 33 U.S.C. §§ 1251 et seq. The term pollution control project is synonymous with the term non-point source control project as that term is used in 33 U.S.C. § 1329.
Sec. 12. Treatment works has the meaning ascribed to it in NRS 445.186.
Sec. 13. 1. The fund to finance the construction of treatment works and the implementation of pollution control projects is hereby created.
2. The money in the fund must be used only for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the fund must be paid as other claims against the state are paid.
4. The faith of the state is hereby pledged that the money in the fund will not be used for purposes other than those authorized by 33 U.S.C. §§ 1381 et seq.
Sec. 14. 1. The interest and income earned on money in the fund must be credited to the fund.
2. All payments of principal and interest on all loans made to a municipality or interstate agency and all proceeds from the sale, refunding or prepayment of obligations of a municipality or interstate agency acquired or loans made in carrying out the purposes of the fund must be deposited in the state treasury for credit to the fund.
3. The department may accept gifts, grants and bequests of money from any public or private source. The money must be deposited in the state treasury for credit to the fund.
Sec. 15. 1. The department shall, with the approval of the department of administration:
(a) Use the money in the fund for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
κ1989 Statutes of Nevada, Page 1258 (CHAPTER 587, AB 88)κ
(b) Determine whether publicly owned treatment works which receive money or other assistance from the fund comply with the requirements set forth in 33 U.S.C. §§ 1381 et seq.
2. The department may, with the approval of the department of administration:
(a) Enter into an agreement with the Federal Government for the acceptance of grants of money for the fund.
(b) Provide services relating to the preparation of any plan or report concerning the fund.
Sec. 16. The commission shall adopt regulations to carry out the provisions of sections 2 to 22, inclusive, of this act.
Sec. 17. 1. Except as otherwise provided in section 18 of this act, money in the fund may be used only to:
(a) Make loans at or below the market rate to municipalities or interstate agencies for the construction of treatment works and the implementation of pollution control projects.
(b) Buy or refinance at or below the market rate the debt obligations of municipalities or interstate agencies if:
(1) The project for which the obligations were incurred meets the requirements of 33 U.S.C. §§ 1251 et seq.; and
(2) The debt obligations were incurred and construction of the project began after March 7, 1985.
(c) Guarantee or purchase insurance for local obligations if such action would improve access to the credit markets or reduce the rate of interest.
(d) Secure the sale of bonds issued by the state if the net proceeds from the sale of those bonds are deposited in the fund.
2. A municipality or interstate agency which requests a loan or other financial assistance must demonstrate that it has complied with the provisions of 33 U.S.C. §§ 1381 et seq.
Sec. 18. 1. The director shall not:
(a) Spend more than 4 percent of each grant awarded to administer the fund; or
(b) Use any money generated pursuant to section 20 of this act for the costs of administering the fund unless authorized by the legislature.
2. The director may, with the approval of the department of administration, impose and collect a fee from each municipality or interstate agency which receives a loan or other financial assistance from the fund. The fee must be used to defray the costs of administering the fund.
3. If the director imposes a fee, the commission shall adopt regulations establishing the amount of the fee required to be collected pursuant to subsection 2.
Sec. 19. The director may, with the approval of the department of administration, employ any legal, fiscal or other expert services necessary to carry out his duties pursuant to sections 2 to 22, inclusive, of this act.
Sec. 20. 1. The director may, with the approval of the department of administration, authorize the state treasurer to issue, sell or deliver general obligation bonds of the state or revenue bonds if viable to support the purposes of the fund.
κ1989 Statutes of Nevada, Page 1259 (CHAPTER 587, AB 88)κ
2. If the director authorizes the issuance of those bonds, the state treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the state, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;
(g) Employ for himself or for any municipality or interstate agency, any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance with the authorization, sale and issuance of state securities and municipal securities;
(h) Enter into agreements and arrangements consistent with sections 2 to 22, inclusive, of this act concerning the issuance of state securities and the purchase of municipal securities; and
(i) Undertake other matters which he determines to be necessary or desirable to accomplish the purposes of sections 2 to 22, inclusive, of this act.
3. Before any bonds are issued pursuant to this section, the state board of examiners must certify that sufficient revenue will be available in the fund to pay the interest and installments of principal as they become due.
4. The money in the fund that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of the state may be pledged.
Sec. 21. 1. The commission shall adopt regulations relating to the environmental review process required by 33 U.S.C. §§ 1381 et seq.
2. Each municipality or interstate agency which receives money from the fund shall prepare an environmental assessment which complies with the regulations adopted by the commission and submit it to the department for review.
3. The department shall review each such assessment.
Sec. 22. Chapter 354 of NRS is hereby amended by adding a new section to read as follows:
1. A local government may borrow money or purchase or lease property or facilities from a nonprofit corporation or trustee in conjunction with one or more other local governments, and in connection therewith may sell or lease property or facilities to the nonprofit corporation or trustee, in each case with such maturity, term, payment, security, pledge, default, remedy, prepayment, redemption, interest rate and other terms or provisions as may be specified in the loan, loan purchase, installment sale, lease or other agreement or note entered into by the local government for that purpose if:
κ1989 Statutes of Nevada, Page 1260 (CHAPTER 587, AB 88)κ
(a) Each participating local government determines that it will benefit from economies of scale in borrowing money or purchasing or leasing property in conjunction with one or more other local governments pursuant to this section; and
(b) In the case of borrowing to finance operations and other noncapital purposes, the amount borrowed and the interest payable thereon, at the initial interest rate if interest is variable, does not exceed 85 percent of the estimated amount of uncollected taxes, income, revenue, cash receipts and other money of the local government which will be available during the term of the agreement for the repayment of the loan and the interest thereon. As used in this paragraph, revenue includes, without limitation, federal and state money received by the local government.
2. A local government may enter into an agreement for liquidity or credit enhancement, with such reimbursement, term, payment, security, pledge, default, remedy, interest rate and other terms, and may invest the proceeds of any borrowing, sale or lease under this section or any certificates of participation therein and any money pledged or set aside for the payment or security thereof in such securities or obligations, as the local government deems necessary or appropriate in connection with any borrowing, sale or lease pursuant to this section. A local government may also do all things and execute all documents that may be necessary or desirable in connection with the issuance of certificates of participation, or other interests, in any loan, note, installment sale, lease or other agreement of the local government entered into pursuant to this section or otherwise necessary to effectuate the purposes of this section, and may authorize a nonprofit corporation or trustee to act as its agent for purposes of entering into any trust, liquidity, credit, investment or other agreement in connection with financing pursuant to this section.
3. This section provides a complete, additional and alternative method for accomplishing the acts authorized by this section and must be liberally construed to accomplish its purposes.
4. As used in this section, local government has the meaning ascribed to it in NRS 354.474.
Sec. 23. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in subsection 2 [,] and section 22 of this act, a board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
κ1989 Statutes of Nevada, Page 1261 (CHAPTER 587, AB 88)κ
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
(h) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 10 percent of the money available to a local government for investment.
(i) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
2. The securities described in paragraphs (a), (b) and (c) of subsection 1 may be purchased when, in the opinion of the board of county commissioners or the governing body of the city, there is sufficient money in any fund of the county or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
3. When the board of county commissioners or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
4. Any interest earned on money invested pursuant to subsection 2, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
5. The board of county commissioners or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 2 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county or incorporated city.
κ1989 Statutes of Nevada, Page 1262 (CHAPTER 587, AB 88)κ
6. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
________
Assembly Bill No. 42Assemblymen Dini, Bergevin, Adler, Sheerin and Sader
CHAPTER 588
AN ACT making an appropriation to the state department of conservation and natural resources for support of the division of water planning; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state department of conservation and natural resources for support of the division of water planning:
For the fiscal year 1989-90........................................................................ $243,958
For the fiscal year 1990-91........................................................................ $240,319
Sec. 2. Any balance of the sums appropriated by section 1 of this act 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. 3. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 17Assemblymen Spinello, Porter, Myrna Williams and Sedway
CHAPTER 589
AN ACT relating to financial responsibility for the operation of a motor vehicle; revising the provisions requiring a selected sample for verification of insurance coverage; requiring the department of motor vehicles and public safety to verify subsequent liability insurance on all vehicles for which it receives a notice that coverage for the vehicle has terminated; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 485.383 is hereby amended to read as follows:
485.383 1. The department shall annually [select a sample of not less than 10 percent of all registered owners:
(a) For which] verify the liability insurance of:
κ1989 Statutes of Nevada, Page 1263 (CHAPTER 589, AB 17)κ
(a) All registered owners concerning whom the department has been notified pursuant to NRS 690B.023 that a contract of insurance as security was previously terminated [pursuant to NRS 690B.023; or
(b) In] ; and
(b) A sample of not more than 5 percent of all registered owners in this state, except registered owners of motorcycles and motor homes, on which the security is a contract of insurance . [, for verification of liability insurance.]
2. The department shall mail a form for verification to [the registered owner selected for verification of insurance.] each such registered owner. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owners or operators policy of liability insurance, and return the completed form within 15 days after the date on which the form was mailed by the department.
3. When the department receives a completed form for verification it shall mail the form to the named insurer.
4. Upon receipt of a form for verification of insurance from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance as indicated on the form by the registered owner.
5. The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is:
(a) Not returned to the department by the registered owner within 15 days;
(b) Returned by the insurer with a denial of coverage; or
(c) Returned by the owner with an admission of no coverage or without indicating an insurer or the number of a policy.
6. If an owner who did not return a completed form for verification within the specified period:
(a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(b) Submits a completed form regarding his insurance on the date [he was selected pursuant to subsection 1;] stated in the form mailed by the department pursuant to subsection 2; and
(c) Presents evidence of current insurance,
the department shall rescind its suspension of the registration and mail the completed form to the named insurer. Upon receipt of the form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance on the date [he was selected pursuant to subsection 1.] stated in the form for verification. If the form is returned by the insurer with a denial of such coverage, the department shall suspend the registration and require the return of the license plates.
7. Except as otherwise provided in subsection 11, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the registered owner of proof of financial responsibility for a period of 3 years.
8. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
κ1989 Statutes of Nevada, Page 1264 (CHAPTER 589, AB 17)κ
9. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
10. An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
11. If a registered owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date [on which the sample was taken,] about which the department was inquiring, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
________
Senate Bill No. 539Committee on Judiciary
CHAPTER 590
AN ACT relating to gaming; clarifying what constitutes effective notice of a decision that resolves a dispute involving a patron of a gaming establishment; revising the provision concerning judicial review of the decision; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.362 is hereby amended to read as follows:
463.362 1. Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the [patrons] satisfaction of the patron and the dispute involves:
(a) At least $500, the licensee shall immediately notify the board; or
(b) Less than $500, the licensee shall inform the patron of his right to request that the board conduct an investigation.
The board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made.
2. The [boards] agent of the board shall mail written notice to the board, the licensee and the patron of his decision resolving the dispute [, return receipt requested,] within 30 days after the date [when] the board first [received] receives notification from the licensee or a request to conduct an investigation from the patron.
3. Failure to notify the board or patron as provided in subsection 1 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.
4. The decision of the [boards] agent of the board is effective on the date the aggrieved party receives notice of the decision. The date of receipt is presumed to be the date specified on the return receipt.
5. Notice of the decision of the agent of the board shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed.
κ1989 Statutes of Nevada, Page 1265 (CHAPTER 590, SB 539)κ
employee of the board which specifies the time the notice was mailed. The notice is presumed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 2. NRS 463.363 is hereby amended to read as follows:
463.363 1. Within 20 days after the date of receipt of the [agents] written decision [,] of the agent, the aggrieved party may file a petition with the board requesting a hearing to reconsider the decision. [The date of receipt is presumed to be the date specified on the return receipt.]
2. The petition must set forth the basis of the request for reconsideration.
3. If no petition for reconsideration is filed within the time prescribed in subsection 1, the decision shall be deemed final action on the matter and is not subject to reconsideration by the board or to review by the commission or any court.
4. The party requesting the hearing must provide a copy of the petition to the other party.
5. Within 15 days after service of the petition, the responding party may answer the allegations contained therein by filing a written response with the board.
6. The board shall schedule a hearing and may conduct the hearing as provided in subsection 4 of NRS 463.110, except that notice of the date, time and place of the hearing must be provided by the board to both parties.
7. The hearing must be conducted in accordance with NRS 463.3125, 463.313, 463.3136 and 463.314, subsection 4 of NRS 463.312 and subsection 2 of NRS 463.3133, except that the board must be substituted for the commission.
Sec. 3. NRS 463.3662 is hereby amended to read as follows:
463.3662 1. Any person aggrieved by a final decision or order of the board made after hearing by the board pursuant to NRS 463.361 to 463.366, inclusive, may obtain a judicial review thereof in the district court of the county in which the [petitioner resides or has his or its principal place of business.] dispute between the licensee and patron arose.
2. The judicial review must be instituted by filing a petition within 20 days after the effective date of the final decision or order. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
3. Copies of the petition must be served upon the board and all other parties of record, or their counsel of record, either personally or by certified mail.
4. The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the decision or order of the board, but the board itself may grant a stay upon such terms and conditions as it deems proper.
________
κ1989 Statutes of Nevada, Page 1266κ
Senate Bill No. 528Committee on Government Affairs
CHAPTER 591
AN ACT relating to the state personnel system; clarifying the exceptions to the requirement that appointments in the classified service be filled by competition; ratifying certain appointments made without competition; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.305 is hereby amended to read as follows:
284.305 [Positions]
1. Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.307, 284.309, 284.310, 284.315, 284.320 [and 284.325.] , 284.325, 284.327, 284.330, 284.375, and 284.3775.
2. The director may adopt regulations which provide for filling positions in the classified service without competition in cases involving:
(a) The demotion of a current employee;
(b) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service or reclassification; or
(c) The reappointment of a current employee
Sec. 2. Any appointment made without competition pursuant to NRS 284.327, 284.330, 284.375 or 284.3775 or subsection 2 of NRS 284.305, as added by section 1 of this act, which was effective before the effective date of this act is hereby ratified.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 507Committee on Finance
CHAPTER 592
AN ACT relating to public employees retirement; authorizing the public employees retirement board to contract for a comprehensive study of health care benefits provided to retired public employees; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The public employees retirement board shall conduct a comprehensive study of health care benefits provided to retired public employees and report on the progress and findings of the study at each meeting of the interim retirement committee of the legislature. A final report of the study must be submitted to the 66th session of the Nevada Legislature.
2. The study must include:
κ1989 Statutes of Nevada, Page 1267 (CHAPTER 592, SB 507)κ
(a) A detailed review of the health care benefits currently provided to or purchased by retired public employees, including the extent of coverage under Medicare.
(b) An evaluation of alternative methods of providing health care benefits and delivering health care services to such employees.
(c) A determination of the cost and actuarial liabilities, based on the characteristics of all persons who are members of or receive allowances from the public employees retirement system, for each alternative method of providing health care benefits, including projections of the annual cost to public employers and retired employees for each of the next 10 years.
(d) An analysis of the amendments to Medicare contained in the Medicare Catastrophic Protection Act of 1988, and an evaluation of the effects of that Act on the economic status of retired employees covered under Medicare.
(e) Recommendations regarding the most appropriate design, including specific benefits to be provided and cost management provisions to be included, in any proposed plan of health benefits for retired public employees.
Sec. 2. The public employees retirement board may:
1. Contract with a national firm of consulting actuaries to assist in the performance of the study required by section 1 of this act.
2. Expend not more than $70,000 of the money in the public employees retirement fund created pursuant to NRS 286.220, to pay for the cost of performing the study.
Sec. 3. This act becomes effective on July 1, 1989.
________
Senate Bill No. 505Committee on Commerce and Labor
CHAPTER 593
AN ACT relating to mobile homes; clarifying the requirement that a rebuilder of manufactured or mobile homes take an examination for licensure; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 489.351 is hereby amended to read as follows:
489.351 The administrator shall require an oral or written examination of each applicant for a license as a dealer, responsible managing employee, installer, rebuilder, salesman or serviceman.
Sec. 2. Assembly Bill No. 138 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 2. This act becomes effective upon passage and approval.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1268κ
Senate Bill No. 476Committee on Natural Resources
CHAPTER 594
AN ACT relating to wildlife; requiring a permit to own or maintain certain artificial bodies of water; authorizing the board of wildlife commissioners to adopt regulations relating to permits; providing penalties; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife; the entry, access to, and occupancy and use of such property, including leases of grazing rights; sale of agricultural products; and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(d) The control of nonresident hunters.
(e) The introduction, transplanting or exporting of wildlife.
(f) Cooperation with federal, state and local agencies on wildlife and boating programs.
(g) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
κ1989 Statutes of Nevada, Page 1269 (CHAPTER 594, SB 476)κ
the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations governing the provisions of the permit required by section 2 of this act and for the issuance, renewal and revocation of such a permit.
Sec. 2. Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who develops or maintains an artificial or man-made body of water, other than a body of water maintained for agricultural or recreational purposes, containing chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife, must first obtain a permit from the department authorizing the development or maintenance of the body of water.
2. Within 30 working days after receiving an application for a permit, the department shall issue the permit or deny the application and list the reasons for denial. An applicant may appeal the denial of a permit to the commission. A permit may be valid for up to 5 years. The commission may establish a fee for a permit of not more than $100 per year.
3. Upon the transfer of ownership of any artificial or man-made body of water as to which a permit issued pursuant to this section is in force at the time of the transfer, the permit remains in effect for 30 days after the transfer of ownership.
4. Any person who fails to obtain a permit as required by this section or who fails to comply with the provisions of a permit is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.
Sec. 3. NRS 503.430 is hereby amended to read as follows:
503.430 Except as provided in NRS 445.281, every person who places or allows to pass, or who places where it can pass or fall, into or upon any of the waters of this state at any time, any lime, gas tar, [cocculus indicus,] slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, sewage, garbage or any substance deleterious to fish or wildlife is guilty of a misdemeanor [.] for the first offense and a gross misdemeanor for any subsequent offense.
Sec. 4. Any person who, on October 1, 1989, manages or owns an artificial or man-made body of water that contains chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife, shall obtain the permit required by section 2 of this act on or before April 1, 1990.
κ1989 Statutes of Nevada, Page 1270 (CHAPTER 594, SB 476)κ
Sec. 5. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Senate Bill No. 462Committee on Government Affairs
CHAPTER 595
AN ACT relating to depositories of public money; revising the provisions governing the determination of the fair market value of certain collateral used to secure deposits of public money; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 356.020 is hereby amended to read as follows:
356.020 1. All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:
(a) Obligations of the United States;
(b) Bonds of this state;
(c) Bonds of any county, municipality or school district within this state;
(d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025; or
(e) Instruments in which the state is permitted by NRS 355.140 to invest.
2. Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any Federal Home Loan Bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.
3. The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurers deposit with the depository bank, credit union or association. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be [one-half] 75 percent of the unpaid principal of the notes.
4. All securities to be used as such collateral are subject to review by the state treasurer and the state board of finance. The depository bank, credit union or savings and loan association shall submit monthly reports to the state treasurer showing the securities which constitute the collateral and their fair market value.
5. The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the state treasurers deposit.
________
κ1989 Statutes of Nevada, Page 1271κ
Senate Bill No. 459Committee on Commerce and Labor
CHAPTER 596
AN ACT relating to shorthand reporters; increasing the fees charged by shorthand reporters for various services; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his services the official reporter or reporter pro tempore is entitled to the following fees:
(a) For being available to report civil and criminal testimony and proceedings when the court is sitting, [$110] $120 per day, to be paid by the county as provided in subsection 2.
(b) For transcription, [$2.00] $2.25 per page for the original draft, and 50 cents per page for each additional copy to the party ordering the original draft. For transcription for any party other than the party ordering the original draft, 50 cents per page.
(c) For reporting all civil matters, in addition to the salary provided in paragraph (a), $17.50 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 3. If the fees for any day computed according to the hourly rate would exceed [$110,] $120, the fee to be taxed for each civil matter reported is that proportion of [$110] $120 which the time spent on that matter bore to the total time spent that day.
For the purposes of this subsection, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.
2. The fee specified in paragraph (a) of subsection 1 must be paid out of the county treasury upon the order of the court. In criminal cases the fees for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.
κ1989 Statutes of Nevada, Page 1272 (CHAPTER 596, SB 459)κ
consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees prescribed in paragraph (c) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole fee. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court.
4. Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
5. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.
Sec. 2. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified shorthand reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this Title.
3. Before the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
4. The compensation for the services of a reporter employed as provided in this section are the same as provided in subsection 1 of NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
5. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished [without charge] to the defendant and to the district attorney.
6. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state or dead, or when his personal attendance cannot be had in court.
________
κ1989 Statutes of Nevada, Page 1273κ
Assembly Bill No. 814Committee on Commerce
CHAPTER 597
AN ACT relating to insurance; providing for the direct payment under a policy of health insurance to a provider of medical transportation; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, every policy of health insurance amended, delivered or issued for delivery in this state after October 1, 1989, that provides coverage for medical transportation, must contain a provision for the direct reimbursement of a provider of medical transportation for covered services if that provider does not receive reimbursement from any other source.
2. The insured or the provider may submit the claim for reimbursement. The provider shall not demand payment from the insured until after that reimbursement has been granted or denied.
3. Subsection 1 does not apply to any agreement between an insurer and a provider of medical transportation for the direct payment by the insurer for the providers services.
Sec. 2. NRS 689A.330 is hereby amended to read as follows:
689A.330 If a policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the commissioner that the policy is not subject to approval or disapproval by that officer, the commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, every policy of group health insurance amended, delivered or issued for delivery in this state after October 1, 1989, that provides coverage for medical transportation, must contain a provision for the direct reimbursement of a provider of medical transportation for covered services if that provider does not receive reimbursement from any other source.
2. The insured or the provider may submit the claim for reimbursement. The provider shall not demand payment from the insured until after that reimbursement has been granted or denied.
3. Subsection 1 does not apply to any agreement between an insurer and a provider of medical transportation for the direct payment by the insurer for the providers services.
κ1989 Statutes of Nevada, Page 1274 (CHAPTER 597, AB 814)κ
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, every contract for medical service amended, delivered or issued for delivery in this state after October 1, 1989, that provides coverage for medical transportation, must contain a provision for the direct reimbursement of a provider of medical transportation for covered services if that provider does not receive reimbursement from any other source.
2. The subscriber or the provider may submit the claim for reimbursement. The provider shall not demand payment from the subscriber until after that reimbursement has been granted or denied.
3. Subsection 1 does not apply to any agreement between a corporation for medical service and a provider of medical transportation for the direct payment by the corporation for the providers services.
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, every evidence of coverage amended, delivered or issued for delivery in this state after October 1, 1989, that provides coverage for medical transportation, must contain a provision for the direct reimbursement of a provider of medical transportation for covered services if that provider does not receive reimbursement from any other source.
2. The enrollee or the provider may submit the claim for reimbursement. The provider shall not demand payment from the enrollee until after that reimbursement has been granted or denied.
3. Subsection 1 does not apply to any agreement between a health maintenance organization and a provider of medical transportation for the direct payment by the organization for the providers services.
Sec. 6. NRS 695C.190 is hereby amended to read as follows:
695C.190 The commissioner may require the submission of whatever relevant information he deems necessary in determining whether to approve or disapprove a filing made pursuant to NRS 695C.170 to 695C.200, inclusive [.] , and section 5 of this act.
Sec. 7. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
1. Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
2. Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
κ1989 Statutes of Nevada, Page 1275 (CHAPTER 597, AB 814)κ
from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
3. Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as a trust and agency fund as defined by NRS 354.580. The trust funds must be deposited in a state or national bank authorized to transact business in the State of Nevada. The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. The provisions of NRS 689B.030 to 689B.050, inclusive, and section 3 of this act, apply to coverage provided pursuant to this subsection.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The funds for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
________
Assembly Bill No. 40Assemblymen Kerns and Thompson
CHAPTER 598
AN ACT relating to asbestos; requiring the department of industrial relations to license and regulate persons who engage in projects for the control of asbestos; requiring the department to adopt regulations in compliance with federal law for the licensing of certain related occupations; requiring the state environmental commission to adopt regulations for the disposal of asbestos and material containing asbestos; requiring a survey for the presence of asbestos before the demolition or renovation of a public building; providing a penalty; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires:
1. Asbestos means asbestiform varieties of:
(a) Chrysotile (serpentine);
(b) Crocidolite (riebeckite);
κ1989 Statutes of Nevada, Page 1276 (CHAPTER 598, AB 40)κ
(c) Amosite (cummingtonite-grunerite);
(d) Anthophyllite;
(e) Tremolite; or
(f) Actinolite.
2. Control of asbestos means:
(a) The encapsulation, enclosure or removal of asbestos or material containing asbestos from a building or structure including any associated mechanical systems, whether inside or outside the building or structure;
(b) The abatement of the danger posed to human beings by the presence of asbestos or material containing asbestos in a building or structure including any associated mechanical systems, whether inside or outside the building or structure;
(c) The repair, renovation or demolition of a building or structure containing asbestos or materials containing asbestos; or
(d) Any activity connected with that encapsulation, enclosure, removal, abatement, repair, renovation or demolition.
3. Occupation means a specific discipline involved in a project for the control of asbestos including those tasks performed respectively by an inspector, management planner, consultant, project designer, contractor, supervisor or worker engaged in the control of asbestos.
4. Worker means any person actually engaged in work directly related to asbestos on a project for the control of asbestos who is not required to be licensed in any other occupation.
Sec. 3. Sections 2 to 21, inclusive, of this act, do not apply to:
1. The control of asbestos by a person in his own residence.
2. A person employed by a public utility which supplies electricity when performing emergency activities which include, but are not limited to:
(a) The removal of insulation containing asbestos on pipes;
(b) The removal of small quantities of insulation containing asbestos on beams or above ceilings;
(c) The replacement of a gasket containing asbestos on a valve;
(d) The installation or removal of a small section of drywall; and
(e) The installation of electrical conduits running through or proximate to materials containing asbestos,
if the person is trained by and works under the direction of a person who is capable of identifying existing hazards in a workplace which are related to asbestos, tremolite, anthophyllite or actinolite, and is authorized to take prompt corrective measures to eliminate them as set forth in 29 C.F.R. §1926.32(f) on the effective date of this act.
Sec. 4. 1. Not later than 60 days after this section becomes effective, the department shall adopt regulations establishing standards and procedures for the licensure of each occupation which are at least as stringent as those contained in the Model Contractor Accreditation Plan for States set out in Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal Regulations, as it existed on January 1, 1989. The regulations must include standards for:
(a) Courses which provide initial training;
(b) Courses which provide a review of the initial training;
(c) Examinations;
κ1989 Statutes of Nevada, Page 1277 (CHAPTER 598, AB 40)κ
(d) Qualifications;
(e) Renewal of licensure; and
(f) Revocation of licensure.
2. After consultation with the health division of the department of human resources, the division of environmental protection of the state department of conservation and natural resources and the county air pollution control agencies designated pursuant to NRS 445.546, the department shall adopt standards for:
(a) Projects for the control of asbestos;
(b) Specifying the amount of asbestos within a material which must be present to qualify the material as a material containing asbestos for the purposes of sections 2 to 21, inclusive, of this act;
(c) Laboratories which analyze building materials for the presence of asbestos;
(d) Laboratories which collect or analyze air samples for those projects; and
(e) The assessment of the exposure of occupants of a building at the completion of a project for the control of asbestos.
3. The department shall by regulation adopt a standard for the assessment of the exposure of the occupants of a building to airborne asbestos. The standard:
(a) Must be set according to a time-weighed average concentration of asbestos fibers in the air, measured under normal occupancy conditions; and
(b) Must be at least as stringent as the corresponding federal standard, if one has been adopted.
4. The standard adopted pursuant to subsection 3 may be used:
(a) To assess the need to respond to the presence of asbestos in a building; or
(b) To determine which buildings or structures are most in need of such response.
The standard does not require the monitoring of the air of any building or structure, or create a duty for the division to inspect any building or structure, except in connection with the enforcement of this chapter.
Sec. 4.5 Nothing in sections 2 to 21, inclusive, of this act, including standards adopted pursuant thereto, may be used as evidence:
1. To deny liability in an action seeking damages for disease as a result of exposure to asbestos in a building or structure; or
2. To deny a claim for compensation pursuant to chapter 616 or 617 of NRS relating to exposure to asbestos.
Sec. 5. A person shall not engage in a project for the control of asbestos unless he holds a valid license issued by the department.
Sec. 6. 1. The department shall issue licenses to qualified applicants in each occupation.
2. The department may adopt regulations to include within the definition of occupation any discipline deemed necessary, including that of instructor in the control of asbestos.
Sec. 7. A person applying for a license in an occupation must:
1. Submit an application on a form prescribed and furnished by the department, accompanied by a fee prescribed by the department;
κ1989 Statutes of Nevada, Page 1278 (CHAPTER 598, AB 40)κ
2. Successfully complete a course of training in the control of asbestos approved or administered by the department for that occupation;
3. Pass an examination approved or administered by the department for that occupation;
4. If he is a contractor, present proof satisfactory to the department that he is insured to the extent determined necessary by the director for the appropriate activities for the control of asbestos permitted under the requested license, for the effective period of the license; and
5. Meet any additional requirement established by the department.
Sec. 8. 1. The costs of carrying out the provisions of sections 2 to 21, inclusive, of this act, must be paid from assessments payable by each insurer based upon expected annual expenditures for claims. The department shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers.
2. In addition, the department shall by regulation establish a schedule of fees designed to recover revenue to defray the costs of carrying out the provisions of sections 2 to 21, inclusive, of this act. The department may collect fees for applications, the issuance and renewal of licenses, examinations, the review and approval of training courses, job notifications and inspections, recordkeeping, and any other activity of the department related to the provisions of sections 2 to 21, inclusive, of this act. The fee for the issuance or renewal of a license must not exceed $200.
3. Any fees collected pursuant to this section must be used to offset the assessments established pursuant to subsection 1.
4. As used in this section, insurer has the meaning ascribed to it in NRS 232.550.
Sec. 9. 1. To renew a license a person must, on or before January 1 of each year:
(a) Apply to the department for renewal;
(b) Pay the annual fee for renewal set by the department; and
(c) Submit evidence satisfactory to the department of his completion of the requirements for continuing education or training established by the department, if any.
2. The department may adopt regulations requiring continuing education or training of the licensees in any occupation and, as a prerequisite to the renewal or restoration of a license, require each licensee to comply with those requirements.
Sec. 10. The department shall not issue a license as a contractor for projects for the control of asbestos on the basis of a persons status under chapter 624 of NRS as a qualified employee.
Sec. 11. The department may issue a license in an occupation to an applicant who holds a valid license in that occupation issued to him by the District of Columbia or any state or territory of the United States, or who has met the requirements for that occupation set by the Environmental Protection Agency pursuant to the Asbestos Hazard Emergency Response Act, if:
1. The legal requirements of that district, state or territory for licensure in that occupation were, at the time of issuance of the license, at least equivalent to those of this state.
2. The applicant passes an examination, if required by the board.
κ1989 Statutes of Nevada, Page 1279 (CHAPTER 598, AB 40)κ
3. The applicant furnishes to the board such other proof of his qualifications as the board requires.
Sec. 12. A person licensed as a contractor for projects for the control of asbestos shall:
1. If a laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory which meets the standards adopted by the department.
2. If a commercial laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory in which the contractor or owner of the building or structure has no financial interest, unless the department by regulation provides otherwise.
3. Comply with the standards adopted by the department for projects.
4. Unless specifically exempted by the department, refrain from providing any of the services of an inspector, management planner, consultant or project designer on a project.
Sec. 13. A person licensed as a contractor for projects for the control of asbestos shall not employ to engage in activities directly related to asbestos on his projects a person who is not licensed pursuant to section 6 of this act.
Sec. 14. 1. If the department finds that a person, other than a worker, who is licensed pursuant to section 6 of this act has violated any of the provisions of section 5, 12, 13 or 18 of this act, or the standards or regulations adopted pursuant to sections 2 to 21, inclusive, of this act, it may:
(a) Upon the first violation, impose upon him an administrative fine of not more than $15,000.
(b) Upon the second and subsequent violations:
(1) Impose upon the licensee an administrative fine of not more than $25,000;
(2) Revoke his license; and
(3) Require him to fulfill certain training or educational requirements to have his license reinstated.
Any penalty imposed pursuant to this section does not relieve the licensee from criminal prosecution for engaging in the control of asbestos without a license, nor from the imposition of a penalty pursuant to NRS 445.601.
2. If the license of a contractor for projects for the control of asbestos is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.
Sec. 15. 1. Except as otherwise provided in subsection 2, if the department intends to revoke a persons license, it shall first notify him by certified mail. The notice must contain a statement of the departments legal authority, jurisdiction and reasons for the proposed action.
2. If the department finds that protection of the public health requires immediate action, it may order a summary suspension of a license pending proceedings for revocation.
3. A person is entitled to a hearing to contest the summary suspension or proposed revocation of his license. A request for such a hearing must be made pursuant to regulations adopted by the department.
κ1989 Statutes of Nevada, Page 1280 (CHAPTER 598, AB 40)κ
4. Upon receiving a request for a hearing to contest a summary suspension, the department shall hold a hearing within 10 days after the date of the receipt of the request.
Sec. 16. The department or a person authorized by the department shall inspect annually at least one project for the control of asbestos conducted by each contractor licensed pursuant to section 6 of this act. The contractor shall, upon request of the department or a person authorized by the department, allow the inspection of all property, activities and facilities at the project and all related documents and records.
Sec. 17. The state environmental commission shall adopt regulations for the disposal of asbestos and material containing asbestos.
Sec. 18. All asbestos and material containing asbestos removed from a building during a project to control asbestos must be disposed of in accordance with the regulations adopted by the state environmental commission for the disposal of asbestos and material containing asbestos.
Sec. 19. The department may adopt such regulations as are necessary to carry out the provisions of sections 2 to 21, inclusive, of this act.
Sec. 20. The department may maintain in any court of competent jurisdiction a suit for an injunction against any person engaged in the control of asbestos in violation of the provisions of section 5, 12, 13 or 18 of this act, or the standards or regulations adopted by the department pursuant to sections 2 to 21, inclusive, of this act. An injunction:
1. May be issued without proof of actual damage sustained by any person, this provision being a preventative as well as a punitive measure.
2. Does not relieve the person from criminal liability for engaging in the control of asbestos without a license.
Sec. 21. Any person who engages in the control of asbestos without a license issued by the department is guilty of a misdemeanor.
Sec. 22. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No public building or other public structure may be renovated or demolished until a survey of the building or structure has been made for the presence of asbestos or material containing asbestos.
2. As used in this section, material containing asbestos has the meaning ascribed to it by the department of industrial relations pursuant to section 4 of this act.
Sec. 23. 1. This section and sections 1 to 4.5, inclusive, 6 to 12, inclusive, 14 to 20, inclusive, and 22 of this act become effective upon passage and approval.
2. Sections 5, 13 and 21 of this act become effective on January 1, 1990.
________
κ1989 Statutes of Nevada, Page 1281κ
Assembly Bill No. 958Committee on Natural Resources, Agriculture and Mining
CHAPTER 599
AN ACT relating to mining reclamation; requiring the reclamation of land subject to certain mining operations or exploration projects; requiring a person who wishes to engage in those operations or projects to obtain a permit; placing the responsibility for administration and enforcement upon the division of environmental protection of the state department of conservation and natural resources; requiring the annual payment of fees; providing a penalty; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 46 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec. 2. 1. The legislature hereby finds that:
(a) The extraction of minerals by mining is a basic and essential activity making an important contribution to the economy of the State of Nevada;
(b) Proper reclamation of mined land, areas of exploration and former areas of mining or exploration is necessary to prevent undesirable land and surface water conditions detrimental to the ecology and to the general health, welfare, safety and property rights of the residents of this state; and
(c) The success of reclamation efforts in this state is dependent upon cooperation among state and federal agencies.
2. The legislature hereby directs that all agencies and political subdivisions of the State of Nevada which are involved in or whose work is related to the administration or enforcement of the provisions of this chapter shall cooperate fully with all other state and federal agencies in any related matter.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 14, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 4. Administrator means the administrator of the division.
Sec. 5. Affected means that the surface of the land is or will be disturbed by mining, or that the land will be used:
1. As an evaporation or settling pond, leach dump, placer area or tailings pond or dump; or
2. In conjunction with any structure, facility, equipment, machine, tool, material or property incident to mining.
Sec. 6. Commission means the state environmental commission.
Sec. 7. Division means the division of environmental protection of the state department of conservation and natural resources.
Sec. 8. Exploration project means all activities conducted in this state by a person on or beneath the surface of land for the purpose of, or in connection with, determining the presence, location, extent, depth or grade of any mineral, which affects the surface. The term does not include a small exploration project.
κ1989 Statutes of Nevada, Page 1282 (CHAPTER 599, AB 958)κ
Sec. 9. Mining operation means all activities conducted in this state by a person on or beneath the surface of land for the purpose of, or in connection with, the development or extraction of any mineral. The term does not include an aggregate or sand pit or a small mining operation.
Sec. 10. Operator means any person who owns, controls or manages an exploration project or a mining operation.
Sec. 11. Reclamation means actions performed during or after an exploration project or mining operation to shape, stabilize, revegetate or otherwise treat the land in order to return it to a safe, stable condition consistent with the establishment of a productive post-mining use of the land and the abandonment of a facility in a manner which ensures the public safety, as well as the encouragement of techniques which minimize the adverse visual effects.
Sec. 12. Small exploration project means an exploration project which is limited to surface disturbance of not more than 5 acres in any calendar year. To determine the area of the surface disturbed, all land disturbed and left unreclaimed by an operator within a 1-mile radius of the center of the project must be considered.
Sec. 13. Small mining operation means a person who does not remove from the earth in any calendar year material in excess of 36,500 tons and who disturbs less than 5 acres of land in any calendar year. To determine the area of the surface disturbed, all land disturbed and left unreclaimed by an operator within a 1-mile radius of the center of the project must be considered.
Sec. 14. Surety means, but is not limited to, a trust fund, surety bonds that guarantee performance or payment into a trust fund, letters of credit, insurance, corporate or other guarantees of performance, or any combination of these or other forms of security approved by the director of the state department of conservation and natural resources and used to ensure that reclamation will be completed.
Sec. 15. The division shall:
1. Administer and enforce the provisions of sections 2 to 29, inclusive, of this act, and the regulations adopted by the commission pursuant to section 17 of this act.
2. Employ persons who are experienced and qualified in the area of reclamation.
3. Enter into a memorandum of understanding with both the United States Bureau of Land Management and the United States Forest Service concerning the adoption by those agencies of plans of reclamation that:
(a) Apply to mining operations or exploration projects that are conducted on a site which includes both public land administered by a federal agency and privately owned land; and
(b) Substantially provide for the reclamation and security required by this chapter.
4. Develop and offer to operators on a regular basis educational workshops that include and emphasize reclamation training and techniques suitable for small exploration projects and mining operations.
5. Offer advice and technical assistance to operators.
6. Approve, reject or impose conditions upon the approval of any plan for reclamation for an exploration project or mining operation.
κ1989 Statutes of Nevada, Page 1283 (CHAPTER 599, AB 958)κ
7. Provide the department of minerals with a copy of any conditions imposed upon an approved plan and the security required, on the same day that information is sent to the operator.
Sec. 16. The division may:
1. Conduct or authorize investigations, research, experiments and demonstrations relating to reclamation.
2. Collect and disseminate nonconfidential information relating to mining reclamation.
3. Enter into agreements relating to reclamation with other state and federal governmental agencies pursuant to which services relating to reclamation are provided by the division or a governmental agency in exchange for other consideration.
4. Receive federal, state or any other money and expend it to carry out the purposes of sections 2 to 29, inclusive, of this act, or any regulation adopted by the commission pursuant to section 17 of this act.
5. Hold hearings and issue orders relating to the administration or enforcement of the provisions of sections 2 to 29, inclusive, of this act, or any regulation adopted by the commission pursuant to section 17 of this act.
6. Summon witnesses, administer oaths and require the production of pertinent records, books and other documents for examination at any hearing or investigation conducted by it relating to the administration or enforcement of the provisions of sections 2 to 29, inclusive, of this act, or any regulation adopted by the commission pursuant to section 17 of this act.
7. Request the attorney general to bring suit in the name of the State of Nevada against any person whom it finds has violated any provision of sections 2 to 29, inclusive, of this act, or any regulation adopted by the commission pursuant to section 17 of this act, to restrain the person from continuing the violation.
8. Modify any plan for reclamation previously approved by it if:
(a) Any provision of the plan is in conflict with the provisions of a specific statute;
(b) Any provision of the plan becomes impossible or impracticable to implement; or
(c) Any significant problem that was not previously considered by the division is discovered to exist which results or may result from reclamation.
9. Suspend or revoke a permit upon a noticed hearing and a finding by the division that the holder of the permit has violated any provision of sections 2 to 29, inclusive, of this act, a plan of reclamation, any condition placed on a plan of reclamation or any regulation adopted by the commission pursuant to section 17 of this act.
10. Take any other action reasonable and necessary to enable it to administer or enforce the provisions of sections 2 to 29, inclusive, of this act.
Sec. 17. The commission shall adopt regulations:
1. Establishing reasonable fees, based on the actual cost of administration and enforcement, to be charged by the division for an application for and the issuance of a permit, the rates of which must be set to differentiate between mining operations located on federal land and those operations on state or private land;
κ1989 Statutes of Nevada, Page 1284 (CHAPTER 599, AB 958)κ
2. Consistent with regulations adopted by the United States Bureau of Land Management that are contained in Title 43 of the Code of Federal Regulations and that do not conflict with any provision of this chapter or any other regulation adopted by the commission pursuant to this section;
3. Setting forth the information required in relation to the mining operation and maps of the area for inclusion in the checklist developed pursuant to section 23 of this act;
4. Providing for the holding of reclamation performance bonds or other surety by the state and conditions governing the release and forfeiture of those bonds or other surety;
5. Providing for a schedule within which reclamation must be completed;
6. Establishing a schedule of civil penalties for the violation of sections 2 to 29, inclusive, of this act;
7. Providing for informational filings related to reclamation by small mining operations; and
8. Necessary to enable the division to carry out the provisions of sections 2 to 29, inclusive, of this act, and the regulations adopted by the commission pursuant to this section.
Sec. 18. Fees collected by the division for an application for and the issuance of a permit must be deposited with the state treasurer for credit to the appropriate account of the division and must be used in the administration of sections 2 to 29, inclusive, of this act.
Sec. 19. A person shall not engage in an exploration project without a valid permit for that purpose issued by the division.
Sec. 20. A person who desires to engage in an exploration project must:
1. File with the division, upon a form approved by it, an application for a permit. The application must include:
(a) The name and address of the applicant and, if a corporation or other business entity, the name and address of its principal officers and its resident agent for service of process;
(b) An exploration map or sketch in sufficient detail to enable the division to locate the area to be explored and to determine whether significant environmental problems are likely to result;
(c) The kinds of prospecting and excavation techniques that will be used in the exploration project; and
(d) Any other information required by the regulations adopted by the commission pursuant to section 17 of this act.
2. Pay to the division the application fee established in the regulations adopted by the commission pursuant to section 17 of this act.
3. Agree in writing to assume responsibility for the reclamation of any surface area damaged as a result of the exploration project.
4. Not be in default of any other obligation relating to reclamation pursuant to this chapter.
5. File with the division a bond or other surety in a form approved by the administrator and in an amount required by the regulations adopted by the commission pursuant to section 17 of this act.
Sec. 21. A person shall not engage in a mining operation without a valid permit for that purpose issued by the division.
Sec. 22. A person who desires to engage in a mining operation must:
κ1989 Statutes of Nevada, Page 1285 (CHAPTER 599, AB 958)κ
1. File with the division, upon a form approved by it, an application for a permit for each location at which he will conduct operations. The application must include:
(a) The name and address of the applicant and, if a corporation or other business entity, the name and address of its principal officers and its resident agent for service of process;
(b) A completed checklist developed by the division pursuant to section 23 of this act; and
(c) Any other information required by the regulations adopted by the commission pursuant to section 17 of this act.
2. Pay to the division the application fee established in the regulations adopted by the commission pursuant to section 17 of this act.
3. Agree in writing to assume responsibility for the reclamation of any land damaged as a result of the mining operation.
4. Not be in default of any other obligation relating to reclamation pursuant to this chapter.
5. File with the division a bond or other surety in a form and amount required by regulations adopted by the commission pursuant to section 17 of this act.
6. File with the department of minerals a copy of the plan for reclamation which is filed with the application pursuant to subsection 1, on the same day the application is filed with the division.
Sec. 23. The division shall develop a checklist to be completed by applicants for a permit to engage in a mining operation. The information requested by the checklist must include:
1. Information relating to the plan for reclamation, including:
(a) The proposed subsequent use of the land after the mining operation is completed;
(b) The proposed schedule of reclamation that will be followed;
(c) The proposed topography of the land after the mining operation is completed;
(d) The treatment of slopes created or affected by the mining operation;
(e) The proposed use of impoundments;
(f) The kinds of access roads to be built and the manner of reclamation of road sites;
(g) The methods of drainage that will be used during the mining operation and reclamation;
(h) The revegetation of the land;
(i) The monitoring and maintenance of the reclaimed land that will be performed by the operator;
(j) The reclamation that will be necessary as a result of instream mining;
(k) The effect that reclamation will have on future mining in that area; and
(l) The effect of the reclamation on public safety.
2. Information relating to the mining operation and maps of the area which is required by the regulations adopted by the commission pursuant to section 17 of this act.
3. Other information as requested by the administrator which he determines is pertinent to the reclamation activities of the mining operation.
Sec. 24. 1. A plan for reclamation must provide:
κ1989 Statutes of Nevada, Page 1286 (CHAPTER 599, AB 958)κ
(a) That reclamation activities, particularly those relating to the control of erosion, must be conducted simultaneously with the mining operation to the extent practicable, and otherwise must be initiated promptly upon the completion or abandonment of the mining operation in any area that will not be subject to further disturbance. Reclamation activities must be completed within the time set by the regulations adopted by the commission pursuant to section 17 of this act.
(b) For vegetative cover if appropriate to the future use of the land.
(c) For the reclamation of all land disturbed by the exploration project or mining operation to a stability comparable to that of adjacent areas.
2. The operator may request the division to grant an exception for open pits and rock faces which may not be feasible to reclaim. If an exception is granted, the division shall require the operator to take sufficient measures to ensure public safety.
3. Except in the case of an emergency, an operator shall not depart from an approved plan for reclamation without prior written approval from the division.
4. Reclamation activities must be economically and technologically practicable in achieving a safe and stable condition suitable for the use of the land.
Sec. 25. If a mining operation or exploration project is conducted on land administered by a federal agency, an approved federal plan of reclamation and a surety that are consistent with the requirements of this chapter supersede the requirements for a permit and bond or other surety otherwise required by this chapter. If the mining operation or exploration project is conducted on a site which includes both public land and privately owned land, compliance with the federal plan suffices if that plan substantially provides for the reclamation and bond or other surety required by this chapter.
Sec. 26. 1. An operator who is required by federal law to file a plan of operation, an amended plan of operation or a notice of intent with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, or within 30 days after filing a notice, provide the division with a copy of the filing and pay the following fee to the division:
(a) For a plan of operation or an amended plan of operation filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed under an amended plan.
(b) For a notice of intent filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20.
2. The division shall adopt by regulation a method of refunding a portion of the fees required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed under the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the division pursuant to subsection 1 must be accounted for separately and used by the division to create and administer a program for the abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division.
κ1989 Statutes of Nevada, Page 1287 (CHAPTER 599, AB 958)κ
program for the abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division. All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the fund for the division of minerals.
4. On or before February 1 of each odd-numbered year, the division shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
Sec. 27. 1. Each operator shall, on or before April 15 of each year after a permit has been issued to him, submit to the administrator a report for the preceding calendar year relating to the status and production of all mining operations and exploration projects in which he engaged and identifying each acre of land affected and land reclaimed by that mining operation, and shall pay to the division a fee of:
(a) One dollar and fifty cents for each acre of public land administered by a federal agency; and
(b) Five dollars and fifty cents for each acre of privately owned land,
which was disturbed by mining operations engaged in by the operator and not reclaimed during the preceding calendar year.
2. All money received by the state treasurer pursuant to paragraph (a) of subsection 1 together with three-elevenths of all money received by the state treasurer pursuant to paragraph (b) of subsection 1, up to a maximum of $100,000 annually, must be distributed directly to the bureau of mines and geology of the State of Nevada to be used to carry out the provisions of NRS 514.060. Any money in excess of the maximum and the balance collected pursuant to paragraph (b) of subsection 1 must be credited to the appropriate account for the division and used to administer the provisions of this chapter.
Sec. 28. If the division has reason to believe that any provision of sections 2 to 29, inclusive, of this act, a plan for reclamation, any condition placed on a plan for reclamation or any regulation adopted by the commission pursuant to section 17 of this act, has been violated, the division shall serve a notice of noncompliance upon the holder of the permit. The notice must:
1. Be served personally or by registered mail addressed to the holder of the permit at his address as shown on the records of the division;
2. Specify each violation; and
3. Set a date and time for a hearing and inform the person that his permit may be suspended or revoked and his bond or other surety forfeited upon completion of the hearing or if he fails to attend the hearing.
Sec. 29. 1. A person who violates any provision of sections 2 to 29, inclusive, of this act, or any regulation adopted by the commission pursuant to section 17 of this act, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the commission pursuant to section 17 of this act.
2. Any money received by the division pursuant to subsection 1 must be deposited in the state general fund.
Sec. 30. 1. The department of minerals shall develop and administer a program providing for the pooling of reclamation performance bonds to assist operators to meet the bonding and surety requirements of this chapter.
κ1989 Statutes of Nevada, Page 1288 (CHAPTER 599, AB 958)κ
operators to meet the bonding and surety requirements of this chapter. The program must:
(a) Be designed to reduce the financial burden of obtaining a reclamation performance bond for small mining operations;
(b) Require each operator who participates in the program to pay an amount into the pool each year which annually is actuarially determined to enable the program to be self-sustaining;
(c) Use the money in the pool to cover the bonded liability of the operators who participate in the program;
(d) Provide a limit on the total bonded liability of any person that may be covered under the program; and
(e) Provide conditions for the release of bonds and bond forfeiture.
2. The department shall adopt regulations relating to the development and administration of the program.
3. In the event than an operators reclamation performance bond is forfeited, the attorney general may bring an action in the name of the State of Nevada in any court of competent jurisdiction against the operator to recover the costs incurred by the program in the reclamation of the land.
Sec. 31. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created in the state department of conversation and natural resources. The commission consists of:
(a) The director of the department of wildlife;
(b) The state forester firewarden;
(c) The state engineer;
(d) The executive director of the state department of agriculture;
(e) The executive director of the department of minerals;
(f) A member of the state board of health to be designated by that board; and
(g) [Four] Five members appointed by the governor one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS [.] and one of whom possesses expertise in performing mining reclamation.
2. The governor shall appoint the chairman of the commission from among the members.
3. A majority of the members constitutes a quorum and a majority of those present must concur in any decision.
4. Each member who is appointed by the governor is entitled to receive a salary of $60 for each days attendance at a meeting of the commission.
5. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
κ1989 Statutes of Nevada, Page 1289 (CHAPTER 599, AB 958)κ
6. The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles and public safety, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.
Sec. 32. 1. The state environmental commission shall adopt the regulations required by section 17 of this act on or before October 1, 1990.
2. The department of minerals shall adopt the regulations required by section 30 of this act on or before October 1, 1990.
Sec. 33. A person engaged in an exploration project or a mining operation on October 1, 1990, shall file a plan for reclamation, approved by the division:
1. On or before October 1, 1993; or
2. Before abandonment of the mining operation,
whichever occurs first.
Sec. 34. 1. For the calendar year 1988, each operator shall, on or before September 15, 1989, submit to the administrator of the division of environmental protection of the state department of conservation and natural resources a report for the preceding calendar year relating to the status and production of all mining operations and exploration projects in which he engaged and identifying each acre of land affected and land reclaimed by that mining operation, and pay to the division the following fee:
(a) One dollar and fifty cents for each acre of public land administered by a federal agency; and
(b) Five dollars and fifty cents for each acre of privately owned land,
which was affected by mining operations or exploration projects engaged in by the operator and not reclaimed during the preceding calendar year.
2. Except as otherwise provided in this subsection, the administrator shall deposit the money received pursuant to this section with the state treasurer for credit to the appropriate account for the state department of conservation and natural resources for the payment of administrative costs related to the creation of a program for reclamation. The state treasurer shall, as soon as practicable, transfer $52,895 of the money received pursuant to this section to the appropriate account for the department of minerals for costs incurred in carrying out its duties prescribed by section 30 of this act.
Sec. 35. 1. This section and sections 17 and 30 through 34, inclusive, of this act, become effective upon passage and approval.
2. The remaining sections of this act become effective on October 1, 1990.
3. The provisions of section 26 of this act expire by limitation on July 1, 1994. Any money in the account for the abatement of hazardous conditions must not be committed for expenditure after June 30, 1994, and must be transferred to the fund for the department of minerals as soon as all payments of money committed have been made.
________
κ1989 Statutes of Nevada, Page 1290κ
Assembly Bill No. 881Committee on Ways and Means
CHAPTER 600
AN ACT relating to telecommunications; authorizing the rehabilitation division of the department of human resources to expand its program for telecommunication to enable persons with impaired speech or hearing to communicate with persons who do not have access to special devices for telecommunication; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 707.360 is hereby amended to read as follows:
707.360 1. The rehabilitation division of the department of human resources shall develop and administer a program whereby [any] :
(a) Any person who is a customer of a telephone company which provides service through a local exchange and who is certified by the division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service [.] ; and
(b) Any person who is deaf or has a severely impaired speech or hearing may communicate by telephone with other persons through a dual-party relay system.
The program must be approved by the public service commission of Nevada.
2. A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this state which is sufficient to cover the costs of the program. The commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the commission pursuant to regulations adopted by the commission.
3. The fund for telecommunications and relay services for persons with impaired speech or hearing is hereby created as a special revenue fund to be administered by the division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the state treasury for credit to the fund. The money in the fund may be used only:
(a) For the purchase, maintenance, repair and distribution of the devices for telecommunication [;] , including the distribution of devices to state agencies and nonprofit organizations;
(b) To establish and maintain the dual-party relay system;
(c) To reimburse telephone companies for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;
[(c)] (d) For the general administration of the program; and
[(d)] (e) To train persons in the use of the devices.
4. For the purposes of this section [, a device] :
(a) Device for telecommunication means a device which has a keyboard used to send messages by telephone, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.
κ1989 Statutes of Nevada, Page 1291 (CHAPTER 600, AB 881)κ
(b) Dual-party relay system means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.
________
Assembly Bill No. 929Committee on Transportation
CHAPTER 601
AN ACT relating to motor carriers; advancing the effective date of Senate Bill No. 355 of this session; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of Senate Bill No. 355 of this session is hereby amended to read as follows:
Section 1. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A common or contract motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced rates for transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit any common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over [65] 60 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(g) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.
κ1989 Statutes of Nevada, Page 1292 (CHAPTER 601, AB 929)κ
(h) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of [such] free or reduced rates for transportation.
(i) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
(j) Students of institutions of learning.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.
5. This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.
6. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
7. [Employees as] As used in this section, employees includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling to enter the service of such a carrier.
Sec. 2. Section 2 of Senate Bill No. 355 of this session is hereby amended to read as follows:
Sec. 2. Section 3 of chapter 202, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 3. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A common or contract motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced rates for transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates or property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
κ1989 Statutes of Nevada, Page 1293 (CHAPTER 601, AB 929)κ
the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit any common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 60 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) [Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(g)] Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.
[(h)] (g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.
[(i)] (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
[(j)] (i) Students of institutions of learning.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
[(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.]
5. This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.
6. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
κ1989 Statutes of Nevada, Page 1294 (CHAPTER 601, AB 929)κ
if the reduced rates, fares or charges are determined by the commission to be in the public interest.
7. As used in this section, employees includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling to enter the service of such a carrier.
Sec. 3. Senate Bill No. 355 of this session is hereby amended by adding thereto a new section designated section 3, following section 2, to read as follows:
Sec. 3. This act becomes effective upon passage and approval.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 188Senators Getto, Jacobsen and Rhoads
CHAPTER 602
AN ACT relating to boards of county commissioners; allowing a board to hold certain meetings at any place within the county; authorizing the board to allow county officers to open branch offices; and providing other matters properly relating thereto.
[Approved June 28, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.085 is hereby amended to read as follows:
244.085 1. Except as otherwise provided in this section, the meetings of the boards of county commissioners must be held at the county seats of their respective counties, or at a place not more than 10 miles from the county seat within the boundaries of the county, at least once in each calendar month, on a day or days to be fixed by ordinance.
2. If the day fixed by ordinance falls on a Saturday or on a nonjudicial day, the meeting must be held on the next judicial day.
3. The first meeting of the board in odd-numbered years must be held on the first Monday in January, but if the first Monday in January is a nonjudicial day, the meeting must be held on the next judicial day.
4. The meeting day and place as fixed by ordinance must remain unchanged, unless notice of a proposed change is published once a week for 3 consecutive weeks in a newspaper of general circulation in the county.
5. Additional meetings of the board of county commissioners may be held at any place within the boundaries of the county. If the board meets outside the county seat, notice of the meeting must be given by publication once a week for 3 consecutive weeks in a newspaper of general circulation published in the county or by publication for 1 week in two or more newspapers of general circulation published in the county.
6. At a meeting held outside the county seat, the board of county commissioners shall not take any final action on zoning or planning matters which relate to a different geographical area than the geographical area in which the meeting is held.
κ1989 Statutes of Nevada, Page 1295 (CHAPTER 602, SB 188)κ
relate to a different geographical area than the geographical area in which the meeting is held.
7. The board may meet with the governing body of [any other] another governmental unit at any location, but the meeting may not be held at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting.
[6. When the board of county commissioners resolves itself into a committee of the whole, the committee of the whole may meet for informational purposes at any place to discuss only matters of general interest to the particular area. The committee of the whole cannot take any final action and its power is limited to recommendations to the board of county commissioners.]
Sec. 2. NRS 245.040 is hereby amended to read as follows:
245.040 1. Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which must be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of public business, but nothing contained in this subsection interferes with any duty now required of any public [official] officer under any of the election laws of this state. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.
2. Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer must be kept open for the transaction of public business. Any order so made and entered must require each office to be kept open for not less than 40 hours during each week, and must not prevent the county clerk from closing his office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.
3. [Any officer violating] The board of county commissioners may authorize a county officer to rent, equip and operate, at public expense, one or more branch offices in the county. The branch office must be kept open for the transaction of public business on the days and during the hours specified in subsections 1 and 2. The provisions of this subsection do not preempt any other statutory provisions which require certain duties to be performed at the county seat.
4. A county officer who violates the provisions of this section is guilty of a misdemeanor, and if [any] an officer mentioned in subsection 1 absents himself from his office , except:
(a) When called away from his office by official duties;
κ1989 Statutes of Nevada, Page 1296 (CHAPTER 602, SB 188)κ
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he [first] makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy qualified to act in his absence,
there must be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which [such] the absence occurs. The money must be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners [; but no order in the premises may] , but such an order must not be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.
________
Assembly Bill No. 123Assemblyman Nevin
CHAPTER 603
AN ACT relating to highways; creating a board to administer the department of transportation; and providing other matters properly relating thereto.
[Approved June 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.
Sec. 2. Board means the board of directors of the department of transportation.
Sec. 3. 1. There is hereby created a department of transportation, administered by a seven-member board of directors consisting of the governor, the lieutenant governor, the attorney general and the state controller, who serve ex officio, and three members who are appointed by the governor. If one of the four constitutional offices is vacant, the secretary of state shall serve ex officio on the board until the vacancy is filled.
2. The governor shall appoint as members of the board three persons who are residents of Nevada, informed on and interested in the construction and maintenance of highways and other matter relating to transportation. Each of the three members so appointed must reside in a different highway district and possess at least one of the following qualifications:
(a) Knowledge of engineering evidenced by the possession of a bachelor of science degree in civil or structural engineering and licensure in this state as a professional engineer.
(b) Demonstrated expertise in financial matters and business administration.
κ1989 Statutes of Nevada, Page 1297 (CHAPTER 603, AB 123)κ
(c) Demonstrated expertise in the business of construction evidenced by the possession of a license as a general contractor and experience as a principal officer of a firm licensed in this state.
The governor shall not appoint any person who is currently employed in the field of or has a substantial financial interest in the construction or maintenance of highways in this state.
3. The governor shall serve as chairman of the board and the members of the board shall elect annually a vice chairman.
4. Each member of the board who is not a public officer is entitled to receive as compensation $80 for each day or portion of a day during which he attends a meeting of the board or is otherwise engaged in the business of the board plus the per diem allowance and travel expenses provided for state officers and employees generally.
5. After the initial terms, the appointed members of the board shall serve terms of 4 years.
Sec. 4. 1. The board shall adopt a seal for use in authenticating contracts, records and proceedings of the department.
2. The board shall appoint a secretary from within the department, who shall:
(a) Attend all meetings of the board.
(b) Keep complete and accurate records of all the meetings, business and transactions of the board.
(c) Keep in his custody the seal of the board, and may impress it upon all contracts and documents on which it is necessary or appropriate.
(d) With the approval of the board, prepare upon the request of any interested person copies of any contract or document in his custody, and may certify the contract or document. He shall not permit the originals to be taken from his custody by any person except members and employees of the department.
(e) Receive no extra compensation for his services.
3. The duties of the secretary are ex officio. His appointment is not subject to the provisions of chapter 284 of NRS.
Sec. 5. The board shall hold meetings at such times and places, and for such periods and purposes, as it deems essential to the proper execution of the provisions of this chapter.
Sec. 6. The board shall:
1. Consider, at its meetings, all questions relating to the general policy of the department and transact such business as properly comes before it.
2. Receive and consider, at such time as the board selects, an annual report by the director.
3. Except as otherwise provided in NRS 408.203, act for the department in all matters relating to recommendations, reports and such other matters as the board finds advisable to submit to the legislature.
4. Maintain a record of all proceedings of the board.
5. Execute or approve all instruments and documents in the name of the state or the department necessary to carry out the provisions of this chapter.
6. Delegate to the director such authority as it deems necessary under the provisions of this chapter.
κ1989 Statutes of Nevada, Page 1298 (CHAPTER 603, AB 123)κ
7. Act by resolution, vote or order entered in its records.
Sec. 6.5. Before the board or the director may enter into an agreement providing for a study of the operations of the department, the process to be used to select a person to perform the study and the proposed agreement for the study must be approved by the legislature by concurrent resolution, or by the interim finance committee if the legislature is not in session.
Sec. 7. NRS 408.020 is hereby amended to read as follows:
408.020 As used in this chapter the words and terms defined in NRS 408.037 to 408.095, inclusive, and section 2 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 8. NRS 408.100 is hereby amended to read as follows:
408.100 Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:
1. An integrated system of state highways and roads is essential to the general welfare of the state.
2. Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.
3. Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.
4. In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads [facilities] of this state, for present as well as for future use.
5. To this end, it is the express intent of the legislature to make the [director] board of directors of the department of transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the [director] board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.
6. The legislature intends:
(a) To declare, in general terms, the powers and duties of the [director,] board of directors, leaving specific details to be determined by reasonable regulations and declarations of policy which the [director] board may promulgate.
(b) By general grant of authority to the [director] board of directors to delegate sufficient power and authority to enable [him] the board to carry out the broad objectives contained in this chapter.
7. The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to [insure] ensure safe and convenient transportation on these public ways is no less urgent.
8. The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation [facilities] in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
κ1989 Statutes of Nevada, Page 1299 (CHAPTER 603, AB 123)κ
general welfare, the improvement and development of facilities for transportation [facilities] in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
9. The words construction, maintenance and administration used in section 5 of Article 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.
Sec. 9. NRS 408.116 is hereby amended to read as follows:
408.116 1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the department is named as a [party] defendant must be personally served upon both the director and the chairman of the board or, in the absence of the director [,] and the chairman of the board, the process must be served personally upon both the secretary of state and [also upon] the deputy director.
2. All legal actions brought and defended by the department must be in the name of the State of Nevada on relation of its department.
3. This section is not a consent on the part of the department to be sued.
Sec. 10. NRS 408.160 is hereby amended to read as follows:
408.160 The [governor] board shall select a person to be the director of the department who:
1. Is responsible to the [governor;] board; and
2. Serves at the pleasure of the [governor.] board.
Sec. 11. NRS 408.170 is hereby amended to read as follows:
408.170 The director shall devote his whole time to the duties of his office, and may be removed by the [governor] board at any time.
Sec. 12. NRS 408.172 is hereby amended to read as follows:
408.172 1. Subject to the approval of the [director,] board, the attorney general shall, immediately upon request by the [director,] board, appoint an attorney at law as the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed are deputy attorneys general.
2. The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the chief counsel, the assistant attorneys may perform any duty required or permitted by law to be performed by the chief counsel.
4. The chief counsel and assistant attorneys are in the unclassified service of the state.
5. All contracts, instruments and documents executed by the department must be first approved and endorsed as to legality and form by the chief counsel.
Sec. 13. NRS 408.205 is hereby amended to read as follows:
408.205 1. [The] With the approval of the board, the director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter, except those construction contracts as provided in NRS 408.327 and 408.347.
κ1989 Statutes of Nevada, Page 1300 (CHAPTER 603, AB 123)κ
chapter, except those construction contracts as provided in NRS 408.327 and 408.347.
2. The director has such other power and authority as [may be] is necessary and proper under the provisions of this chapter [.] , or as the board delegates to him.
3. The director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the department who make written requests for such deductions and purchases. [For the purpose of allowing] To allow all department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the director shall provide forms authorizing the deductions and purchases and shall make them readily available to all department officers and employees.
Sec. 14. NRS 408.206 is hereby amended to read as follows:
408.206 The [director] board may:
1. Adopt such rules, bylaws, motions and resolutions, not inconsistent with this chapter, as [may be] are necessary to govern the administration, activities and proceedings of the department.
2. On behalf of the State of Nevada, enter into agreements with any adjoining state, or any proper agency of such a state, for the construction, reconstruction, improvement, operation and maintenance by any party to such agreement, in such manner and by such means as [may be] are provided in the agreement, of bridges over interstate waters, and may enter into like agreements with respect to the construction, reconstruction, improvement, operation and maintenance of highways within the State of Nevada or [such] an adjoining state, when [such] the highways are at or near the common boundary of the states.
3. Authorize the department to join associations of highway officials of other states and other organizations which have [been heretofore or may hereafter be established, having] as their purpose the interchange of information [,] and the establishment of standards and policies relating to highway construction, reconstruction, improvement, maintenance and administration.
4. Designate by regulation alternative routes for the transport of radioactive, chemical or other hazardous materials over the highways or county roads in this state, in lieu of the preferred highways for such transport designated by the United States Department of Transportation, or approve alternative routes set forth in a proposed county or city ordinance if the regulation or ordinance does not conflict with the standards for alternative routes established by the United States Department of Transportation.
Sec. 15. NRS 408.207 is hereby amended to read as follows:
408.207 1. The [director] board may sell or lease any of the states water rights which are appurtenant to real property acquired pursuant to this chapter to a public utility engaged in the business of furnishing water for municipal, industrial and domestic purposes without first offering those water rights to the public.
2. If a public utility wishes to dispose of any water right acquired pursuant to subsection 1, it must be reconveyed to the state.
κ1989 Statutes of Nevada, Page 1301 (CHAPTER 603, AB 123)κ
Sec. 16. NRS 408.208 is hereby amended to read as follows:
408.208 1. Whenever the legislature is not in session, the [director] board may borrow, with the approval of the state board of examiners, money from financial institutions for short periods to carry out the responsibilities of the department.
2. To secure short-term financing, the [director] board may pledge only revenue which [he] it anticipates the department will receive.
3. The lending institution has no claim against the state, and may recover from the director under the loan agreement only to the extent that the revenues pledged as security for the loan become available.
Sec. 17. NRS 408.220 is hereby amended to read as follows:
408.220 Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, and at such other times as the [governor] board designates, the director shall report all the proceedings of the department to the [governor.] board.
Sec. 18. NRS 408.225 is hereby amended to read as follows:
408.225 Except as otherwise provided in NRS 408.323, the director , with the approval of the board, may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services [that may be] required for the purpose of this chapter. Such equipment, supplies and services must be managed and used under the control of the director.
Sec. 19. NRS 408.240 is hereby amended to read as follows:
408.240 1. Upon the written request of the [director,] board, the state controller shall draw his warrant in favor of the director in the sum of $250,000, and in such additional sums not exceeding a total of $250,000 as the [director may] board from time to time [request,] requests, and upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.
2. Such a sum of not more than $500,000 is designated as the state highway revolving account, and may be used by the department for the purpose of paying the current payrolls of the department and other charges and obligations requiring prompt payment, and for no other purposes.
3. All money paid by the department from the state highway revolving account must, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such money paid in favor of the state highway revolving account to be paid to the order of the director, and the state treasurer shall pay the warrant.
4. The director shall deposit the state highway revolving account in one or more banks of reputable standing and secure the deposit by a depository bond satisfactory to the state board of examiners.
Sec. 20. NRS 408.273 is hereby amended to read as follows:
408.273 The state board of examiners shall, when so requested by the [director,] board of directors of the department of transportation, issue special obligation bonds of the State of Nevada to provide money to enable the department of transportation to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law.
κ1989 Statutes of Nevada, Page 1302 (CHAPTER 603, AB 123)κ
bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by a pledge of the appropriate federal highway grants payable to the state and by taxes which are credited to the state highway fund , and must mature within not more than 5 years from their date.
Sec. 21. NRS 408.275 is hereby amended to read as follows:
408.275 1. The department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the state.
2. The department may construct and maintain roadside parks for the convenience of the traveling public [and the roadside parks may be constructed] at such locations as [may be selected by the director.] the director selects.
3. In order to provide information for the traveling public, the director may maintain maps, informational directories and advertising pamphlets at safety rest areas. The director may , with the concurrence of the board, contract with persons experienced in financing and operating centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to those persons available land at safety rest areas for such periods of time and for such considerations as are determined by the director to be in the best interests of the State of Nevada.
4. The department may receive any federal money available for the purposes of this section under the federal acts described in NRS 408.245.
5. The department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the state.
Sec. 22. NRS 408.280 is hereby amended to read as follows:
408.280 1. On or before July 15 of each year the [director shall have prepared and presented] board shall prepare and present to the governor a detailed proposed work program, the form and content to be determined by the [director,] board, for the fiscal year ending the following June 30, stating therein the amount, character, and nature of the construction, reconstruction and improvements to be initiated on the highways within the respective counties of the state during the ensuing fiscal year, together with an estimate of the cost to complete such work.
2. The [director] board shall cause a copy of the proposed work program to be printed and a copy mailed to the chairman of the board of county commissioners of the several counties of the state, and a copy must be furnished to all news media in the state.
Sec. 23. NRS 408.283 is hereby amended to read as follows:
408.283 1. The department may enter into cooperative agreements with any board of county commissioners in the state for the improvement of any road.
2. Roads improved pursuant to this section must belong to the county and must be maintained at the expense of the county.
3. Each agreement entered into pursuant to this section is effective upon the approval of the [director,] board of directors of the department of transportation, and no money may be expended pursuant to an agreement except upon authorization by the [director.] board.
κ1989 Statutes of Nevada, Page 1303 (CHAPTER 603, AB 123)κ
Sec. 24. NRS 408.2832 is hereby amended to read as follows:
408.2832 1. The [director] board shall determine the priority of improvement of any road proposed pursuant to NRS 408.283.
2. The [director] board shall not authorize the expenditure of money for any agreement entered into pursuant to NRS 408.283 until [he] it first determines that the county is able to perform its pro rata share of the improvement and that it will maintain the project as required by the agreement.
Sec. 25. NRS 408.285 is hereby amended to read as follows:
408.285 1. Except as provided in subsection 2, only those highways which are owned and maintained by the department in accordance with the provisions of this chapter are state highways, and the department is responsible for their construction, reconstruction, improvement and maintenance. Money available to the state through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor. When federal money is made available under federal acts authorizing the use of federal money to build roads in the national forests, the [director] board may set aside for that purpose and expend highway money on state highways built by the Federal Government.
2. Unless it has been expressly designated as a state highway, every other highway, road, street, lane, sidewalk, alley, pathway, waterway or any other way for the passage of a person, animal or vehicle is not a state highway, and the department is not liable for any damage arising from the use of that highway or for any hazard or deficiency in that highway. Designation of any such way as a state highway may be accomplished only by a written agreement properly executed by the director and recorded in the county in which the highway is located.
3. Other highways may be designated by the director as state routes if:
(a) They connect or extend existing state highways; or
(b) Their construction, reconstruction, improvement and maintenance by the department is anticipated within a reasonable period.
4. For administrative purposes all state highways and routes may be selected, designated and assigned route numbers by the director. Numbers selected may conform so far as possible to applicable federal designations of routes.
5. All roads connecting state parks with state or county highways or city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state. The department may construct and maintain roads within state parks subject to approval of locations and design by the division of state parks of the state department of conservation and natural resources.
Sec. 26. NRS 408.323 is hereby amended to read as follows:
408.323 1. Whenever it can be justified by the director that limited work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.327, the director may , with the approval of the board, execute such work or improvements with department facilities and employees.
2. In the event of disaster or great emergency the director may , with the approval of the board, hire, employ or contract for such labor, materials and equipment as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster , and the provisions of NRS 408.327 and 408.367 do not apply.
κ1989 Statutes of Nevada, Page 1304 (CHAPTER 603, AB 123)κ
highway threatened or damaged by the emergency or disaster , and the provisions of NRS 408.327 and 408.367 do not apply.
Sec. 27. NRS 408.333 is hereby amended to read as follows:
408.333 1. Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the persons financial ability and experience in performing public work of a similar nature.
2. Such statements must be filed with the director in ample time to permit the department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the department.
3. Whenever the director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, he may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who [may be] is disqualified by the director, in accordance with the provisions of this section, may request, in writing, a hearing before the director and present again his check, cash or undertaking and such further evidence with respect to his financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his opinion, issuance to him of the plans and specifications for the work.
5. Such a person may appeal the decision of the director to the board no later than 5 days before the opening of the bids on the project. If the appeal is sustained by the board, the person must be granted the rights and privileges of all other bidders.
Sec. 28. NRS 408.347 is hereby amended to read as follows:
408.347 1. All construction contracts authorized by NRS 408.327 must be executed in the name of the State of Nevada and must be signed by the chairman of the board and attested by the director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.
2. When the contract is fully executed, a copy of the same, including plans and specifications, must be filed in the office of the department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.
Sec. 29. NRS 408.353 is hereby amended to read as follows:
408.353 1. Except as otherwise provided in subsection 2, all members of the board, directors and other officers or employees of the department are prohibited from having any interest, directly or indirectly, in any contract entered into by the department.
2. If the director of the department deems it necessary to enter into a contract with one of the persons described in subsection 1, he shall submit the proposed contract to the state board of examiners for approval.
κ1989 Statutes of Nevada, Page 1305 (CHAPTER 603, AB 123)κ
proposed contract to the state board of examiners for approval. Upon its approval, the director may enter into the contract.
3. Any contract made in violation of this section may be declared void at the instance of the state or any person interested in the contract except a person prohibited from being interested in it.
4. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, forfeits his office and is forever disqualified from holding any public office in this state.
Sec. 30. NRS 408.367 is hereby amended to read as follows:
408.367 1. [The] With the approval of the board, the director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $50,000.
2. Such informal bids must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.
3. The department shall:
(a) Mail a copy of the bid invitation by certified mail to all qualified bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of $50,000.
(b) Maintain a record of such certified mailings.
4. Contracts awarded under the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.
Sec. 31. NRS 408.397 is hereby amended to read as follows:
408.397 Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing location by reason of grades, dangerous turns or other local conditions, or that the expense in the constructing, building, rebuilding, maintaining or repairing of the highway would be unreasonably great and could be materially reduced or lessened by change of route, the director may divert or change the route, but [the] :
1. The highway must not be changed or diverted to exclude any city or town unless the consent of the governing body of that city or town has been obtained [.] ; and
2. The director shall submit a plan of the proposed change to the board which must be approved by the board before action is taken to effect the change.
Sec. 32. NRS 408.403 is hereby amended to read as follows:
408.403 1. [The] Upon a resolution of the board, the department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county commissioners of the county in which [such freeways may be] the freeways are proposed and with the approval of the city council of any incorporated city directly affected thereby.
κ1989 Statutes of Nevada, Page 1306 (CHAPTER 603, AB 123)κ
2. The department has all such additional and necessary authority relative to [such] freeways as it possesses relative to other highways, including the authority to acquire by gift, purchase, condemnation or otherwise [such] any real property or interests therein, including abutters rights or access rights required for [such freeways.] a freeway.
3. Where an existing highway, in whole or in part, has been designated as, or included within, a freeway, existing abutters rights of light, view and air, and easements of access to and from abutting land may be extinguished by gift, purchase, condemnation or otherwise.
4. As a necessary adjunct of any freeway, the department may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, vacate or abandon frontage roads to provide service and access from areas adjacent to such freeway.
Sec. 33. (Deleted by amendment.)
Sec. 34. NRS 408.497 is hereby amended to read as follows:
408.497 1. Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the department as defined in NRS 408.387, file such claim with the department, verified under oath and containing all particulars regarding such claim. Such claim must be promptly investigated by the director, who shall recommend its disposition to the board, and if such claim or any portion thereof is approved by the [director] board it must be paid upon obtaining a written release of the entire claim, out of the state highway fund. The claimant must be given written notice by registered mail of the [directors] boards decision.
2. Any claimant aggrieved by the [directors] boards decision on such claim may commence, in the district court for the county in which the land is situated, within 6 months after receipt of notice of the decision on such claim, a proceeding in inverse condemnation against the department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such proceeding is not so commenced within such time it is forever barred.
Sec. 35. NRS 408.503 is hereby amended to read as follows:
408.503 1. The department shall not commence any legal action in eminent domain until the [director determines] board adopts a resolution declaring that the public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the state, acting through the department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.
2. The [determination of the director] resolution of the board is conclusive evidence:
(a) Of the public necessity of such proposed public improvement.
(b) That such real property, interests therein or improvements thereon are necessary therefor.
κ1989 Statutes of Nevada, Page 1307 (CHAPTER 603, AB 123)κ
(c) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.
3. All legal actions in all courts brought under the provisions of this chapter to enforce the right of eminent domain [shall] take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon [shall] must be quickly heard and determined.
Sec. 36. NRS 408.507 is hereby amended to read as follows:
408.507 1. Real property held in fee or improvements on the property acquired by the department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the payment of excessive damages, or held by the department pending a determination in the future on its use or disposal may be leased or rented by the department for fair market value in such manner and for such periods as are determined by the director to be in the best interests of the state.
2. The director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner and for such periods as he determines are in the best interest of the state, if:
(a) The full use and safety of the highway will not be impaired;
(b) Vehicular or pedestrian access to that space will not be required or permitted from the established grade line; and
(c) The free flow of traffic on the highway is not interfered with in any way.
3. All leases of an interest in real property entered into by the department before April 1, 1985, are hereby ratified. All other leases entered into pursuant to subsection 2 must be approved by the [director] board subject to the provisions of subsection 4.
4. If the department receives a proposal to negotiate a lease pursuant to subsection 2, it shall publish a notice in a newspaper of general circulation at least once a week for 2 weeks, stating that it has received the proposal and that it will receive other proposals for use of the space for 60 days after the completion of the publication. A copy of the notice must be mailed to each local governmental unit in the affected area. If the property is leased, it must be to the highest bidder for the space. The requirements for publication and notice do not apply if the proposal was received from an owner who controls the property on both sides of the highway.
5. All money received for leases and rentals must be deposited with the state treasurer to be credited to the state highway fund.
Sec. 37. NRS 408.523 is hereby amended to read as follows:
408.523 1. The [director] board may retain or may summarily vacate and abandon any portion of a state highway if that portion has been superseded by relocation or has been determined to be in excess of the needs of the department.
2. The [director] board shall act to abandon any easement, or to vacate any highway, by [written notice.] resolution. A certified copy of the [notice] resolution may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies.
κ1989 Statutes of Nevada, Page 1308 (CHAPTER 603, AB 123)κ
wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee may be charged for such recordation. Upon recordation, the abandonment or vacation is complete.
3. When a highway for which the state holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto is free from the public easement for highway purposes. Where the state owns in fee the property on which the vacated highway was located, the department shall dispose of that property as provided in NRS 408.533.
4. In any proceeding for the abandonment or vacation of any state highway or part thereof, the [director] board may reserve and except therefrom any easements, rights or interests in the highway deemed desirable and in the best interests of the state.
Sec. 38. NRS 408.527 is hereby amended to read as follows:
408.527 1. Whenever the department and the county or city concerned have entered into an agreement providing therefor, and the legislative body of the county or city has adopted a resolution consenting thereto, the [department] board may relinquish to the county or city any portion of any state highway which has been deleted from the state highway system by legislative enactment. The department may likewise relinquish any portion of any state highway which has been superseded by relocation or which the department determines exceeds its needs.
2. [The] By resolution of the board, the department may upon request relinquish to the division of state lands of the state department of conservation and natural resources for the public use of another state agency any portion of any state highway which has been superseded by relocation or which the department determines exceeds its needs.
3. Relinquishment must be made by [written notice.] a resolution. A certified copy of the [notice] resolution must be filed with the legislative body of the county or city concerned. The [notice] resolution must be recorded in the office of the county recorder of the county where the land is located and, upon recordation, all right, title and interest of the state in and to that portion of any state highway vests in the county, city or division, as the case may be.
4. Nothing in NRS 408.523 limits the power of the [department] board to relinquish abandoned or vacated portions of a state highway to a county, city or the division. If the purpose for which it is relinquished is abandoned or ceases to exist, then all right, title and interest of the county, city or division reverts back to the department.
5. The vesting of all right, title and interest of the department in and to portions of any state highways relinquished previously by the department in the city, county or state agency to which it was relinquished is hereby confirmed.
Sec. 39. NRS 408.533 is hereby amended to read as follows:
408.533 1. All real property, interests therein or improvements thereon and personal property acquired before , on or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the board and if no longer needed for highway purposes, be disposed of by the director in accordance with the provisions of this section, except that:
κ1989 Statutes of Nevada, Page 1309 (CHAPTER 603, AB 123)κ
(a) When the property was originally donated to the state, then no charge may be made if it is returned to the original owner or to the holder of the reversionary right.
(b) When the property has been wholly or partially paid for by towns, cities or counties, then disposal of the property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the department.
(c) When the title to the real property has been acquired in fee under NRS 408.487 and 408.489 and, in the opinion of the [director,] board, a sale by means of public auction or sealed bids is uneconomical or impractical because:
(1) There is no access to the property;
(2) The property has value or an increased value only to a single adjoining property owner; or
(3) Such sale would work an undue hardship upon a property owner either as a result of a severance of the property of that owner or a denial of access to a public highway,
the [department] board may enter into a direct sale of the property with such an owner or someone else for its fair market value.
(d) When the property has been acquired and the proposed purpose for which it was acquired is later abandoned by the department, the department shall give notice of its intention to dispose of the property by publication in a newspaper of general circulation in the county where the property is situated. The notice must include the departments appraisal of the fair market value of the property. Any person from whom the property was purchased may purchase the property from the department within 60 days after the date of the notice at its fair market value.
(e) When the property is sought by another public agency for a reasonable public use, the department may first offer the property to the public agency at its fair market value.
2. All property, interests or improvements not falling within the provisions of subsection 1 must be sold by the department singly or in combination, to the highest bidder bidding for it either at public auction or by sealed bids, the notice of which and terms of which must be published in a newspaper of general circulation in the county where the property is situated. Those auctions and openings of bids must be conducted by the department.
3. It is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of the property, and that the director acted within his lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and the department shall not warrant title, furnish title insurance or pay the tax on transfer of real property.
4. All sums of money received by the department for the sale of real and personal property must be deposited with the state treasurer to be credited to the state highway fund, unless the Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the money obtained by disposal of the property must be paid to the Federal Highway Administration.
κ1989 Statutes of Nevada, Page 1310 (CHAPTER 603, AB 123)κ
money obtained by disposal of the property must be paid to the Federal Highway Administration.
5. The department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 5 of NRS 408.489. Those easements, rights or interests include, but are not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
Sec. 40. NRS 408.537 is hereby amended to read as follows:
408.537 1. Upon receipt of an application for consent to close a public road on public land, the department shall give written notice of the application to the planning agencies of the local governments, within 1 week after its receipt of the application.
2. Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the road is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.
3. Each planning agency shall notify the public and every person known to have a vested private right of way over the road for the purpose of grazing, mining or any other purpose for which such a private right vests, by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located and by mailing to the last known address of each private user of the road. The notice must be published at least 20 days before the date set for the hearing and set forth the location of the road and the purpose for closing it as stated in the application. The cost of publishing the notice must be borne by the United States or by someone in its behalf.
4. The planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the department within 15 days after the conclusion of its hearing on the application.
5. The application must contain such information and supporting documents as are prescribed in regulations adopted by the department [.] with the approval of the board.
Sec. 41. NRS 408.543 is hereby amended to read as follows:
408.543 1. The department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency. The department shall give notice of its hearing as required by law. At its hearing the department shall receive any testimony pertaining to any use of the road which is not repetitive and shall consider the written recommendation of the planning agency.
2. The department shall deliver its written recommendation on the application, including the reasons for its recommendation, to the board within 15 days after the conclusion of its hearing on the application.
Sec. 42. NRS 408.547 is hereby amended to read as follows:
408.547 1. The [director] board in deciding whether to grant or deny the consent of the state to close a public road on public land shall:
κ1989 Statutes of Nevada, Page 1311 (CHAPTER 603, AB 123)κ
(a) Balance the interests of the Federal Government and the state; and
(b) Not apply standards or impose conditions respecting the closure of a public road which are more restrictive than those generally applicable to other persons or governmental agencies in this state.
2. In granting the consent of the state the [director] board shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in NRS 328.085, except subsection 3 of that section.
3. Consent to such a closure or the extinguishing of a public use does not constitute consent to extinguish a private use, and the states consent is contingent on compensation by the Federal Government for the loss of a vested private right of way.
4. Any recommendation of the department which is not acted on by the board within 30 days after it receives the application and which is not in conflict with the requirements of this section is automatically approved unless the board in a writing which is attached to the application and recommendation defers the decision for a good cause.
5. The consent of the [director] board to close a public road on public land must be evidenced by a certificate signed by the [director,] chairman of the board and attested to by its secretary, and delivered to the United States.
Sec. 43. NRS 410.300 is hereby amended to read as follows:
410.300 Unzoned commercial or industrial area means an area which, although not zoned by authority of state or local law, ordinance or regulation, is actually used for commercial or industrial purposes as determined and defined by criteria embodied in the written agreement between the Secretary of Transportation and the [director.] board.
Sec. 44. NRS 410.330 is hereby amended to read as follows:
410.330 The [director] board shall:
1. Enter into the agreement with the Secretary of Transportation provided for by 23 U.S.C. § 131(d), setting forth the criteria governing unzoned commercial or industrial areas and the spacing, size and lighting of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The criteria must be consistent with customary use in the outdoor advertising industry in this state insofar as such customary use is consonant with the objectives of the legislature as declared in NRS 410.220 to 410.410, inclusive.
2. Prescribe regulations governing the issuance of permits by the director for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The regulations must be consistent with the criteria governing size, lighting and spacing of outdoor advertising as established by agreement between the Secretary of Transportation and the [director] board pursuant to subsection 1 of this section.
3. Prescribe regulations governing the issuance of permits by the director for the erection and maintenance of outdoor advertising coming within the exception contained in subsection 1 of NRS 410.320. The regulations must be consistent with the national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131(c)(1).
4. Prescribe regulations governing the submission to the director of any declaration, resolution, certified copy of an ordinance or other direction from the governing body of a county, city or other governmental agency that removal of signs which provide directional information about goods and services in the interest of the traveling public would cause an economic hardship in a specifically defined area.
κ1989 Statutes of Nevada, Page 1312 (CHAPTER 603, AB 123)κ
the governing body of a county, city or other governmental agency that removal of signs which provide directional information about goods and services in the interest of the traveling public would cause an economic hardship in a specifically defined area. Any such declaration, resolution or ordinance must request the retention of the signs in the defined hardship area. Upon receipt of a declaration, resolution or ordinance, the director shall forward it to the Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) and shall comply with the regulations of the Federal Highway Administration relating to applications for such exemptions. The regulations must provide that any local governing body submitting a request for exemption must perform the economic studies required by federal and state regulations to support the finding of economic hardship in the defined area, and submit the results of the studies to the director. This subsection does not apply to any highway which is a part of the interstate or primary highway system if such application would prevent this state from receiving federal funds or would result in sanctions against this state for noncompliance under 23 U.S.C. § 131.
Sec. 45. NRS 410.390 is hereby amended to read as follows:
410.390 1. [All persons and business entities] A person engaged in the business of outdoor advertising , [business,] which includes, but is not limited to, the erection, maintenance and selling of advertising space on and along the interstate and primary highways of this state, shall, not later than January 1, 1972, furnish to the director a written inventory of all outdoor advertising signs, displays or devices erected and being maintained by such person . [or entity.] Such inventory must include, with respect to each such sign, not less than the following information:
(a) Location and dimensions of the sign;
(b) Distance to the nearest edge of the right of way;
(c) Date erected; and
(d) Name and address of the owner of the property on which the sign is located.
2. For failure to comply with the conditions set forth in this section the [director] board may declare such outdoor advertising signs, displays or devices to be a public nuisance and remove them in the manner provided by NRS 410.360.
Sec. 46. NRS 410.400 is hereby amended to read as follows:
410.400 1. The [director] board shall prescribe:
(a) Regulations governing the issuance of permits for advertising signs, displays or devices and for the inspection and surveillance of advertising signs, displays or devices; and
(b) Such other regulations as it deems necessary to implement the provision of NRS 410.220 to 410.410, inclusive.
2. The department shall assess a reasonable annual fee for each permit issued to recover administrative costs incurred by the department in the issuance of the permits, and the inspection and surveillance of advertising signs, displays or devices.
3. No fee may be collected for any authorized directional sign, display or device, or for authorized signs, displays or devices erected by chambers of commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.
κ1989 Statutes of Nevada, Page 1313 (CHAPTER 603, AB 123)κ
commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.
4. No fee may be collected for any temporary sign, display or device advertising for or against a candidate, political party or ballot question in an election if the sign, display or device is:
(a) Erected not more than 60 days before a primary election and concerns a candidate, party or question for that primary or the ensuing general election; and
(b) Removed within 30 days after:
(1) The primary election if the candidate, party or question is not to be voted on at the ensuing general election.
(2) The general election in any other case.
The department may summarily remove any temporary political sign for which no fee has been paid if the sign is erected before or remains after the times prescribed.
5. All fees collected pursuant to this section must be deposited with the state treasurer for credit to the state highway fund.
Sec. 47. NRS 11.208 is hereby amended to read as follows:
11.208 An action by a contractor against the department of transportation upon a contract for the construction, reconstruction, improvement or maintenance of a highway must be commenced within 3 years after the date of the:
1. Completion of the contract; or
2. Determination of the engineer or decision of the [director] board of directors of the department of transportation on an appeal of a claim arising from the contract as provided in the standard specifications for construction of roads and bridges adopted by the department,
whichever occurs later.
Sec. 48. NRS 484.743 is hereby amended to read as follows:
484.743 1. The [director] board of directors of the department of transportation may by resolution authorize the movement of vehicles upon the public highways, including without limitation motor vehicles, tractors, trailers, semitrailers and combinations thereof, of a size and weight in excess of the limits prescribed by this chapter, to such extent as may be authorized by any legislation enacted by the Congress of the United States permitting such increases without forfeiture of this states eligibility for federal aid in highway construction and maintenance.
2. The [director] board of directors of the department of transportation may by [regulation] resolution establish a reasonable fee or fees to be charged by the department for the issuance of permits authorizing the operation of oversize or overweight vehicles as provided in this chapter. The fee or fees established must be in an amount set so that the aggregate amounts received from the fee or fees do not exceed the estimated costs of administering the permit system.
Sec. 49. NRS 484.779 is hereby amended to read as follows:
484.779 1. Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:
(a) Regulating or prohibiting processions or assemblages on the highways.
κ1989 Statutes of Nevada, Page 1314 (CHAPTER 603, AB 123)κ
(b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.
(c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.
(d) Designating truck and bicycle routes.
(e) Adopting such other traffic regulations related to specific highways as are expressly authorized by this chapter.
2. An ordinance relating to traffic control enacted under this section is not effective until official traffic-control devices giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as [may be] is most appropriate.
3. An ordinance enacted under this section is not effective with respect to:
(a) Highways constructed and maintained by the department of transportation under the authority granted by chapter 408 of NRS; or
(b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,
until the ordinance has been approved by the [director] board of directors of the department of transportation.
4. As used in this section, hazardous material has the meaning ascribed to it in NRS 459.700.
Sec. 50. As soon as practicable after October 1, 1989, the governor shall appoint to the board of directors of the department of transportation:
1. One member to a term which expires on June 30, 1993.
2. One member to a term which expires on June 30, 1992.
3. One member to a term which expires on June 30, 1991.
________
κ1989 Statutes of Nevada, Page 1315κ
Assembly Bill No. 374Assemblymen Wisdom, Swain, Porter, Gaston, Carpenter, Gibbons, Chowning, Bogaert, Callister, Nevin, Thompson, Brookman, McGaughey, Jeffrey, Regan, Adler, McGinness, Diamond, Price and Kissam
CHAPTER 604
AN ACT relating to traffic laws; increasing the fine for unlawful use of parking spaces designated for the handicapped; making various changes concerning special parking permits, special plates and temporary parking permits; and providing other matters properly relating thereto.
[Approved June 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.384 is hereby amended to read as follows:
482.384 1. The department may issue special plates to any person who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
2. The department may issue a special parking permit to any person who:
(a) Owns or does not own a motor vehicle;
(b) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
(c) Has need to be driven by another person to a destination in a motor vehicle,
or to any organization which provides transportation for such a person.
3. The department may make such regulations as are necessary to ascertain eligibility for [such] special parking permits and special plates.
4. Applications for special parking permits or special plates for physically handicapped persons must be made to the department on forms provided by the department which must require information necessary to determine the applicants eligibility for a permit or special plates for physically handicapped persons and must be accompanied by a certificate from a licensed physician describing the character and extent of the applicants disability or the general nature of the disabilities of any persons for whom an organization will provide transportation.
5. The department shall charge a fee of no more than $10 for the issuance of the special parking permit to cover the cost of materials.
6. Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter. [No additional fee may be charged for special parking permits or special plates.
6.] 7. Except as otherwise provided in this subsection, only one special parking permit or one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period. An organization which will provide transportation for others may obtain one permit for each person so engaged or vehicle to be used.
[7.] 8. Each set of special plates for physically handicapped persons issued pursuant to this section expires at the end of the last registration month of the registration period for which it was issued.
κ1989 Statutes of Nevada, Page 1316 (CHAPTER 604, AB 374)κ
[8.] 9. Each special parking permit issued pursuant to this section must contain:
(a) If issued to a natural person, a picture of that person;
(b) If issued to an organization, the name of that organization;
(c) The address of the natural person or organization to which it is issued;
(d) A statement concerning the disability for which the permit is necessary; and
(e) The name of the licensed physician who signed the certificate required by subsection 4.
10. The department shall provide to each person to whom it issues a special parking permit or special plates pursuant to this section, a card identifying that person as the holder of the permit or plates.
11. Permits or special plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.
[9.] 12. Special plates issued pursuant to this section must be of a design determined by the department.
[10. No]
13. A person, other than the physically handicapped person or a person actually transporting the physically handicapped person, [may] shall not use the special parking permit or special plates issued to the handicapped person for the purpose of obtaining the special parking privileges available [under] pursuant to this section.
[11.] 14. Any person who violates the provisions of subsection [10] 13 is guilty of a misdemeanor.
[12.] 15. The department shall review the eligibility of each holder of a special parking permit or special plates at least once every 2 years. Upon a determination of ineligibility by the department, the holder shall surrender the permit or plates to the department.
Sec. 2. NRS 482.3845 is hereby amended to read as follows:
482.3845 1. Each county and city shall provide for the issuance of temporary parking permits for motor vehicles used by or for persons having temporary handicaps which impair their ability to walk [. Each such permit] and which necessitate the use of crutches, a wheelchair or a similar type of assistance. A temporary parking permit may be issued only upon the certification of a licensed physician describing the character, extent and estimated duration of the applicants temporary handicap. Each permit must be issued for a period of not more than 90 days, and must contain the date of its expiration. The county or city may grant one extension of the permit for not more than 90 days upon the presentation of the certification of a licensed physician that the persons temporary handicap will continue to exist beyond the period for which the permit was first issued.
2. A county or city may:
(a) Charge a reasonable fee for the issuance of [such temporary parking] the permits.
(b) Arrange to have the permits issued through facilities which provide physical therapy or other services to such handicapped persons, as their needs for the permits arise.
κ1989 Statutes of Nevada, Page 1317 (CHAPTER 604, AB 374)κ
Sec. 3. NRS 484.408 is hereby amended to read as follows:
484.408 1. Any parking space designated for the handicapped must be indicated by a sign:
(a) Bearing the international symbol of accessibility with or without the words Parking, Handicapped Parking, Handicapped Parking Only, or Reserved for the Handicapped, or any other word or combination of words indicating that the space is designated for the handicapped; [and]
(b) Stating [Fine] Minimum fine of $100 for use by others or equivalent words [.] ; and
(c) The bottom of which must be not less than 4 feet above the ground.
2. A person shall not park a vehicle in a space designated for the handicapped [,] by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:
(a) Special license plates for a handicapped person;
(b) A parking permit for a handicapped person; or
(c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible . [; or
(d) Special license plates for a disabled veteran.]
3. A person shall not use such a plate, permit or emblem for a vehicle for the purpose of parking unless he is handicapped [, a disabled veteran] or is the driver of a vehicle in which a handicapped person [or a disabled veteran] is a passenger.
4. Any person who violates any provision of this section shall be punished :
(a) Upon the first offense by a fine of $100.
(b) Upon the second offense by a fine of $250.
(c) Upon the third or subsequent offense by a fine of not less than $250 nor more than $1,000.
Sec. 4. Any special parking permit or special plates issued pursuant to the provisions of NRS 482.384 before October 1, 1989, are valid until their expiration.
Sec. 5. Any temporary parking permit issued pursuant to the provisions of NRS 482.3845 before October 1, 1989, is valid until its expiration.
________
κ1989 Statutes of Nevada, Page 1318κ
Assembly Bill No. 934Committee on Education
CHAPTER 605
AN ACT relating to education; authorizing the state board of education to accept and use gifts and grants to expand and promote its program to improve the literacy of adults in Nevada; and providing other matters properly relating thereto.
[Approved June 29, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state board of education may accept and expend any gifts and grants it receives during the 1989-1990 and 1990-1991 fiscal years to expand and promote its program to improve the basic literacy of adults in Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 699Committee on Commerce
CHAPTER 606
AN ACT relating to cosmetology; making various changes to provisions governing the state board of cosmetology; providing for the issuance of provisional licenses for instructors of cosmetology; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board may grant a provisional license as an instructor to a person who:
(a) Has successfully completed the 12th grade in school or its equivalent;
(b) Has practiced as a full-time licensed cosmetologist, aesthetician or manicurist for 1 year; and
(c) Has paid the fee established pursuant to subsection 2.
2. The board shall establish and collect a fee of not less than $25 nor more than $40 for the issuance of a provisional license as an instructor.
3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training as a teacher required for an instructors license.
4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training as a teacher required for an instructors license. The board may grant an extension of not more than 90 days to those provisional licensees who have applied to the board for examination as instructors and are awaiting examination.
κ1989 Statutes of Nevada, Page 1319 (CHAPTER 606, AB 699)κ
Sec. 2. NRS 644.030 is hereby amended to read as follows:
644.030 1. The state board of cosmetology consisting of [five] seven members appointed by the governor is hereby created.
2. The board must consist of four cosmetologists, one manicurist, one aesthetician and one member representing customers of cosmetology.
Sec. 3. NRS 644.040 is hereby amended to read as follows:
644.040 1. No person is eligible for appointment as a member of the board:
(a) Who is not licensed as a manicurist, electrologist, aesthetician or cosmetologist under the provisions of this chapter.
(b) Who is not, at the time of appointment, [either actually engaged in conducting a cosmetological establishment, or] actually engaged in the practice of [a] his respective branch of cosmetology.
(c) Who is not at least 25 years of age.
(d) Who has not been a resident of this state for at least 3 years immediately before his appointment.
2. The requirements of paragraphs (a) and (b) of subsection 1 do not apply to a person appointed to represent customers of cosmetology.
3. Not more than one member of the board may be connected, directly or indirectly, with any school of cosmetology, or have been so connected while previously serving as a member of the board.
Sec. 4. NRS 644.190 is hereby amended to read as follows:
644.190 1. It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, facility for demonstrations or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.
2. It is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed under the provisions of this chapter.
3. This chapter does not prohibit:
(a) Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch of any combination of branches of cosmetology in the school.
(b) An electrologists apprentice from participating in a course of practical training and study.
(c) A person issued a provisional license as an instructor pursuant to section 1 of this act from acting as an instructor and accepting compensation therefor, while accumulating the hours of training as a teacher required for an instructors license.
Sec. 5. NRS 644.395 is hereby amended to read as follows:
644.395 Each school of cosmetology shall maintain a staff of at least two licensed instructors and one additional licensed instructor for each 25 enrolled students, or major portion thereof, over 50 students. A school of cosmetology must have at least two licensed instructors present and teaching at any time while the school is open. Persons instructing pursuant to provisional licenses issued under section 1 of this act are not considered instructors for the purposes of this section.
κ1989 Statutes of Nevada, Page 1320 (CHAPTER 606, AB 699)κ
Sec. 6. 1. As soon as practicable after July 1, 1989, the governor shall appoint to the state board of cosmetology:
(a) Two members to terms that expire on July 1, 1992; and
(b) One member to a term that expires on July 1, 1993.
2. One of the members of the board appointed pursuant to paragraph (a) of subsection 1 must be the member representing customers of cosmetology.
3. The governor shall not appoint persons engaged in branches of cosmetology already represented on the board if the appointment would render the composition of the board to be in violation of the requirements of subsection 2 of NRS 644.030.
4. The amendatory provisions of this act do not affect an existing member of the board until the expiration of his present term.
Sec. 7. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 255Committee on Ways and Means
CHAPTER 607
AN ACT making an appropriation to the department of prisons for the payment of expenses related to the improvement and acquisition of facilities and equipment; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $2,850,105 for the payment of expenses related to the improvement and acquisition of facilities and equipment as follows:
1. Health, fire and public safety improvements................................. $730,968
2. Ely Maximum Security Prison equipment and furnishings.......... $1,113,224
3. General equipment.............................................................................. $383,063
4. Medical equipment.............................................................................. $120,253
5. Medical data processing..................................................................... $53,533
6. Central Desert Conservation Camp equipment............................. $89,620
7. Bed and mattress replacement.......................................................... $86,280
8. Nevada Womens Correctional Center infirmary equipment..... $24,598
9. Northern Nevada Correctional Center modular unit equipment $119,151
10. Indian Springs Conservation Camp expansion equipment....... $78,815
11. Nevada State Prison, Phillips remodeling...................................... $50,600
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 1321 (CHAPTER 607, AB 255)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 551Committee on Finance
CHAPTER 608
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991; authorizing the assessment of certain boards for certain costs of the budget division of the department of administration; authorizing the collection of certain amounts from the counties for the use of the services of the public defender; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
1989-90 1990-91
Office of the governor
State Jobs Training and Partnership Act office ............................................. $10,386,126............................................. $10,278,018
Washington office..................................... 185,000............................................. 185,000
Mansion maintenance.............................. 7,500............................................. 7,500
Office of community services..................................... 166,138......................................................... 172,463
Community development....................................... 882,000............................................. 882,000
Energy conservation................................................ 714,900............................................. 714,900
Petroleum rebate account.................................... 6,189,682............................................. 3,975,690
State occupational information and coordinating committee ......................................................... 222,035 231,938
High level nuclear waste office........................ 23,012,353............................................. 24,423,194
Attorney General
Administration....................................................... 4,613,200............................................. 4,657,086
Special fund............................................................... 275,000............................................. 275,000
Office of extradition coordinator............................. 25,000............................................. 25,000
Private detectives licensing.................................... 133,478............................................. 135,916
Crime prevention........................................................... 1,500............................................. 1,500
Consumers advocate.............................................. 750,815............................................. 789,523
κ1989 Statutes of Nevada, Page 1322 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Secretary of State.................................................................. $91,483......................................................... $90,846
Treasurer................................................................................. 159,940................................................................................... 165,547
Municipal bond bank revenue......................... 25,708,661............................................. 25,889,745
Municipal bond bank debt service.................. 25,623,342............................................. 25,801,494
Department of administration
Budget division............................................................ 54,166............................................. 56,477
State planning.......................................................................... ............................................. 5,000 5,000
Hearings division................................................... 1,264,323............................................. 1,278,644
Workmens compensation hearing reserve ............................................. 363,759 361,613
Risk management division.................................. 3,204,324............................................. 2,718,016
Self insurance trust fund.................................... 48,138,441............................................. 53,175,906
Clear Creek youth center........................................ 123,000............................................. 125,000
State employees workers compensation............................. ............................................. 5,399,756............................................. 5,506,455
Indigent accident account................................... 1,726,826............................................. 1,814,759
Supplemental fundindigents................................ 556,730............................................. 591,904
Department of public advocacy........................................ 252,021......................................................... 205,200
Department of personnel.................................................. 3,593,465......................................................... 3,645,709
State unemployment compensation..................... 394,500............................................. 390,000
Cooperative personnel services................................ 18,300............................................. 19,376
Retired employees group insurance................... 1,795,904............................................. 2,455,932
Department of general services
Directors office........................................................ 117,396............................................. 124,429
State printing office.............................................. 2,818,308............................................. 2,813,607
Records management-micrographics ............................................. 203,003 184,916
Printing office equipment........................... 220,201................................ 186,201
Buildings and grounds division........................... 5,583,403............................................. 5,675,184
Telephone...................................... ........... 1,467,881............................................. 1,456,396
Mail............................................................. 2,173,902............................................. 2,090,874
Motor vehicle operations division...................... 1,704,048............................................. 1,624,792
Motor vehicle purchase........................................... 620,527............................................. 587,037
Purchasing division............................................... 1,704,838............................................. 1,714,956
Equipment purchase..................................... 71,907............................................. 93,987
Food distribution program......................... 884,443............................................. 825,008
Surplus property administration............... 172,582............................................. 153,079
Marlette Lake........................................................................... ............................................. 68,767 69,797
Water treatment plant............................................. 157,899............................................. 162,075
Accounting division.................................................. 128,432............................................. 131,071
Deferred compensation committee........................................ 3,000......................................................... 3,000
κ1989 Statutes of Nevada, Page 1323 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Department of tourism and economic development
Tourism division.................................................. $5,116,710............................................. $5,080,588
Nevada magazine.................................... 2,499,155............................................. 2,845,833
Film division.................................. .............. 269,852............................................. 271,573
Rural community development............ 1,500,000............................................. 1,500,000
Small business and procurement............................. ............................................. 339,263 346,558
Department of taxation....................................................... 793,418......................................................... 786,583
Public work-inspection...................................................... 1,086,207......................................................... 1,081,641
Department of data processing
Directors office........................................................ 143,051............................................. 149,075
Division of systems and programming.............. 4,650,998............................................. 4,869,447
Division of facilities management ............................................. 3,161,560............................................. 2,738,535
Facilities purchasing.................................... 469,272............................................. 331,433
Planning division....................................................... 333,641............................................. 315,612
Equal employment opportunity commission.................. 428,634......................................................... 471,791
Employees management relations board.............................. 1,500......................................................... 1,500
Commissioner for veterans affairs..................................... 15,000......................................................... 15,000
Legislative fund
Legal division............................................. .............. 623,450......................................................... 37,075
Committee on high level radioactive waste ............................................. 82,500 82,500
Court administrator.............................................................. 499,500......................................................... 510,000
Supreme court........................................................................ 939,000......................................................... 960,000
Uniform system of judicial records.................................... 255,400......................................................... 261,000
Law library................................................................................ 15,000......................................................... 15,000
Judicial education................................................................. 224,100......................................................... 241,600
District judges travel.............................................................. 25,000......................................................... 25,000
Public defender...................................................................... 925,345......................................................... 939,976
Department of education
Education: State programs..................................... 113,142............................................. 107,142
Educational Consolidation and Improvement Act, Chapter IIState programs ............................................. 479,892 481,672
Proficiency testing.................................................... 251,059............................................. 265,764
Job Training and Partnership Act.......................... 527,876............................................. 527,876
Education for the Handicapped ActTitle VI ............................................. 7,221,730............................................. 8,279,936
κ1989 Statutes of Nevada, Page 1324 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Education Consolidation and Improvement ActChapter I..................................... $9,574,410............................................. $10,499,536
Education Consolidation and Improvement ActChapter IIBlock grants............ 2,841,693............................................. 2,983,778
Support services........................................................ 608,577............................................. 615,977
Personnel testing.......................................................... 35,101............................................. 10,000
Occupational education....................................... 4,794,357............................................. 5,389,326
Child nutrition program..................................... 14,919,517............................................. 18,603,147
Adult basic education........................................... 2,280,640............................................. 2,319,279
Drug abuse education.............................................. 849,841............................................. 938,573
Health education...................................................... 225,000............................................. 225,000
Higher education student loan............................... 158,173............................................. -0-
Discretionary grants program................................. 281,270............................................. 283,674
Early childhood education...................................... 950,948............................................. 1,281,548
Teacher training for handicapped children ............................................. 105,174 105,174
EESA-TITLE II......................................................... 499,468............................................. 532,275
Teacher training-English as a second language ............................................. 110,589 110,589
Other education programs......................................... 98,934............................................. 79,000
Student incentive grants.......................................... 429,000............................................. 429,000
Commission on postsecondary education.......................... 82,453......................................................... 82,553
University of Nevada System
System administration............................................... 69,429............................................. 69,429
Agriculture experiment station............................ 1,112,421............................................. 1,112,514
Cooperative extension service............................ 1,137,681............................................. 1,141,657
University of Nevada, Reno................................ 9,435,257............................................. 9,620,354
School of medical sciences.................................. 1,339,214............................................. 1,339,214
University of Nevada, Las Vegas.................... 12,003,500............................................. 12,815,000
Special projects account...................................... 2,150,000............................................. 2,150,000
Clark County community college...................... 2,385,800............................................. 2,501,750
Western Nevada community college.................... 752,687............................................. 800,657
Truckee Meadows community college............. 1,769,370............................................. 1,842,300
Northern Nevada community college................... 313,916............................................. 334,916
Radiological/Toxicological safety board ............................................. 206,480 215,097
Desert Research institute........................................... 54,100............................................. 54,100
W.I.C.H.E. loan fund............................................................ 852,167......................................................... 589,245
κ1989 Statutes of Nevada, Page 1325 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Department of museums and history................................ $78,770......................................................... $80,684
Nevada railroad museum....................................... 255,000............................................. 256,000
Lost City museum...................................................... 79,000............................................. 82,000
State museum Las Vegas.......................................... 50,010............................................. 58,340
Nevada state museum............................................. 169,853............................................. 171,859
Nevada historical society............................................. 3,326............................................. 3,332
Nevada council on the arts.................................................. 490,600......................................................... 505,100
State library............................................................. .............. 884,000................................................................................... 884,000
Literacy program........................................................ 95,000............................................. 55,000
Division of archive and records................................ 14,976............................................. 13,073
Central libraries automated network.................... 230,000............................................. 230,000
Department of human resources
Directors office..................................................... 2,470,029............................................. 2,687,186
Health planning........................................................ 630,696............................................. 649,856
Health resources and cost review.......................... 325,000............................................. 325,000
Aging services......................................................... 5,057,747............................................. 5,282,249
Senior services program....................................... 1,745,529............................................. 2,004,346
Radioactive material disposal............................ 3,689,495............................................. 4,232,490
Childrens resource bureau..................................... 156,244............................................. 149,354
Northern Nevada childrens home........................... 28,266............................................. 29,114
Southern Nevada childrens home.......................... 36,544............................................. 37,640
Youth services........................................................... 119,187............................................. 119,163
Child care services bureau........................................... 8,860............................................. 9,460
Youth alternative placements................................ 367,936............................................. 376,911
Nevada youth training center................................. 179,656............................................. 180,792
Youth parole................................................................ 17,436............................................. 17,959
Youth training centerECIAChapters 1 and 2 ............................................. 152,794 155,222
Youth training center farm........................... 10,000............................................. 10,000
Girls training center..................................................... 85,845............................................. 87,133
Probation subsidies................................................... 205,813............................................. 205,813
Health division
Office of the state health officer............................. ............................................. 272,831 275,772
Vital statistics............................................... 122,242............................................. 127,091
Bureau of health facilities.......................... 743,313............................................. 759,667
Family planning........................................... 284,282............................................. 280,790
Bureau of laboratory and research ............................................. 511,376 519,116
κ1989 Statutes of Nevada, Page 1326 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Womens, infants and childrens food supplement program................. $8,012,658............................................. $8,478,209
Bureau of childrens health services ............................................. 1,366,135............................................. 1,387,213
Special childrens clinic............................... 285,000................................ 299,500
Bureau of community health services ............................................. 667,369 684,445
Emergency medical services........................ 89,900............................................. 89,900
Health aid to counties................................... 63,500............................................. 63,500
Sexually transmitted disease control ............................................. 1,013,075............................................. 983,490
Immunization program.............................. 194,303............................................. 167,821
Consumer protection.................................. 979,914............................................. 999,129
T.B. control..................................................... 15,108............................................. 14,752
Cancer control registry.................................. 75,895............................................. 91,558
Mental hygiene and mental retardation
Nevada mental health institute............. 2,057,141............................................. 2,181,783
Facility for the mental offender.................. 56,746............................................. 57,123
Rural clinics............................................... 1,481,675............................................. 1,573,390
Southern Nevada adult mental health services ............................................. 1,326,829............................................. 1,402,345
Southern Nevada child and adolescent services ............................................. 1,910,732............................................. 2,023,634
Southern MH/MR food service................ 620,778............................................. 636,945
Northern Nevada child and adolescent services ............................................. 1,641,761............................................. 1,667,729
Chapter 1Special education project ............................................. 622,802 531,759
Southern mental retardation services ............................................. 6,766,707............................................. 7,246,563
Northern mental retardation services ............................................. 5,912,407............................................. 6,373,964
Community training centers................... 1,146,313............................................. 1,222,202
Older Americans program.......................... 297,257............................................. 297,257
Resident placement................................. 2,755,343............................................. 2,950,876
κ1989 Statutes of Nevada, Page 1327 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Victims of domestic violence.................. $840,000............................................. $850,000
MH/MR screening................................................. -0-............................................. 140,982
Welfare division
Administration........................................ 13,818,292............................................. 16,616,042
Child welfare............................................. 2,666,910............................................. 2,894,681
Food stamp program............................... 2,580,332............................................. 2,689,223
Aid to dependent children.................... 12,984,937............................................. 14,899,134
State aid to the medically indigent ............................................. 74,625,219............................................. 85,926,885
Homemaking services............................. 1,200,813............................................. 1,302,952
Special welfare grants................................. 122,370............................................. 127,605
Child support enforcement..................... 9,749,723............................................. 10,961,164
Public assistance trust................................... 20,500............................................. 20,500
Purchase of social services................... 11,094,113............................................. 11,365,917
Child welfare trust....................................... 629,541............................................. 661,019
Childrens trust account............................. 257,728............................................. 266,037
Refugee program......................................... 577,101............................................. 622,903
Employment and training....................... 1,327,911............................................. 1,987,629
Homeless program......................................... 12,500............................................. 12,500
Energy assistance..................................... 3,617,309............................................. 3,914,738
DOE-weatherization................................ 1,260,000............................................. 1,260,000
Rehabilitation division
Administration............................................. 896,748............................................. 911,822
Vocational rehabilitation........................ 4,474,216............................................. 4,777,898
Hearing device program............................. 160,828............................................. 89,588
Services to the blind................................. 1,541,784............................................. 1,616,720
Business enterprise contingency fund ............................................. 647,286 691,144
Rehabilitation facilities............................... 429,382............................................. 394,937
Alcoholism and drug rehabilitation ............................................. 3,054,547............................................. 3,108,915
Alcohol tax program................................... 627,283............................................. 633,546
Bureau of disability adjudication ............................................. 2,886,900............................................. 2,962,599
Developmental disabilities......................... 350,000............................................. 350,000
Department of the military
Departmental............................................. ........... 1,359,081............................................. 1,377,594
Adjutant generals construction fund................... 612,500............................................. 512,500
Division of emergency management.................... 315,057............................................. 321,805
κ1989 Statutes of Nevada, Page 1328 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Emergency management federal grants ............................................. $371,941............................................. $380,899
Emergency management assistance program ............................................. 1,951,703............................................. 1,968,838
Nevada state prison
Office of the director................................................ 415,701............................................. 160,700
Medical care............................................... ................ 21,829............................................. 24,110
Prison industries................................................... 10,932,702............................................. 12,092,178
Prison warehouse account................................... 2,500,000............................................. 2,500,000
Nevada state prison................................................. 399,558............................................. 399,756
Northern Nevada correctional center.................... 180,482............................................. 181,122
Southern Nevada correctional center...................... 11,941............................................. 12,257
Reno correctional facility.......................................... 16,755............................................. 16,875
Ely maximum security facility................................. 18,451............................................. 23,510
Southern desert correctional center......................... 61,721............................................. 62,117
Nevada womens correctional center...................... 37,987............................................. 38,161
Offenders store fund........................................... 3,773,842............................................. 3,996,944
Pioche conservation camp.............................................. 373............................................. 373
Southern desert conservation camp.............................. 959............................................. 959
Wells conservation camp............................................. 4,717............................................. 4,149
Humboldt conservation camp....................................... 154............................................. 154
Ely conservation camp...................................................... 55............................................. 55
Tonopah conservation camp........................................... 27............................................. 55
Southern conservation camp......................................... 150............................................. 150
Stewart conservation camp............................................ 828............................................. 828
Carlin conservation camp................................................. 55............................................. 55
Central desert conservation camp................................... -0-............................................. 55
Northern restitution center...................................... 283,111............................................. 282,456
Southern restitution center...................................... 251,932............................................. 248,289
Prison dairy................................................................ 706,763....................................................................... 719,321
Parole and Probation......................................................... 1,079,539......................................................... 1,214,206
Department of commerce
Directors office........................................................... 39,600......................................................... 39,600
Manufactured housing division............................. 625,572......................................................... 596,200
Mobile home parks.................................................. 102,030......................................................... 99,250
Manufactured housing education and recovery ......................................................... 400,379 473,399
Division of financial institutions.............................. 57,000......................................................... 57,000
Financial Institutions investigations ............................................. 75,000 75,000
κ1989 Statutes of Nevada, Page 1329 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Insurance division.................................................. $347,400............................................. $347,400
Insurance fraud section.............................. 449,599............................................. 408,768
Cost stabilization......................................... 125,000............................................. 125,000
Insurance rate hearings.............................. 102,496............................................. 109,465
Medical screening panel............................... 99,411............................................. 101,136
National association of insurance commissioners ............................................. 22,500 22,500
Prepaid funeral and cemetery fund ............................................. 9,800 9,800
Self-insuranceworkers compensation ............................................. 110,573 112,910
Insurance examiners............................... 2,490,844............................................. 2,424,228
Insurance recovery fund.............................. 40,000............................................. 40,000
Insolvency fund........................................... 209,625............................................. 227,106
Insurance education and research ............................................. 264,086 259,341
Consumer affairs........................................................ 20,000............................................. 20,000
Telemarketing.............................................. 300,000............................................. 371,699
Consumer affairs restitution........................ 29,000............................................. 29,000
Disability and advocacy program......................... 209,805............................................. 217,651
Mentally ill individuals program............................ 189,621............................................. 178,822
Fire marshal............................................................... 253,100............................................. 253,100
Fire service training................................................... 118,836............................................. 148,383
Hazardous material training center....................... 446,568............................................. 456,048
Real estate division..................................................... 78,400............................................. 78,400
Real estate education and research ............................................. 310,448 266,670
Real estate recovery.................................... 270,000............................................. 210,000
Real estate investigative fund..................... 23,459............................................. 20,000
Unclaimed property section.................................... 148,711............................................. 155,472
Housing division.................................................... 2,770,671............................................. 2,594,699
Gaming control board....................................................... 2,034,347......................................................... 2,034,347
Gaming control board investigative fund...................... 3,475,000......................................................... 3,475,000
Racing commission................................................................. 25,282......................................................... 24,485
Dog racing................................................................ .............. 506,952................................................................................... 489,755
Athletic commission................................................................ 50,000......................................................... 50,000
Dairy commission................................................................. 801,777......................................................... 797,664
Public service commission of Nevada........................... 7,618,503......................................................... 7,347,851
Department of industrial relations.................................. 1,771,368......................................................... 1,627,203
Division of occupational safety and health ............................................. 2,612,915............................................. 2,601,100
κ1989 Statutes of Nevada, Page 1330 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Division of mine inspection.................................. $458,856............................................. $470,013
Taxicab authority.............................................................. 2,392,014......................................................... 2,314,897
Colorado River commission............................................ 1,003,374......................................................... 1,015,924
Water treatment facility.................................... 21,406,000............................................. 22,541,000
Federal pumping and transmission facility ............................................. 29,591,350............................................. 32,863,500
Research and development...................................... 86,709............................................. 59,007
Fort Mohave development fund........................ 5,493,623............................................. 5,928,623
Power marketing fund........................................ 24,245,000............................................. 25,240,000
State department of conservation and natural resources
Environmental protection.................................... 2,955,512............................................. 2,938,104
Environmental commission...................................... 11,300............................................. 7,650
Division of state lands.................................................. 5,000............................................. 5,000
Commission on Tahoe land acquisition............... 437,975............................................. 314,862
Division of water resources.......................................... 6,000............................................. 6,000
Division of historic preservation and archeology ............................................. 299,061 300,518
Division of state parks.......................................... 1,517,500............................................. 1,518,500
State park planning and development ............................................. 442,662 446,481
Division of forestry................................................... 606,838............................................. 610,038
Forestry intergovernmental agreement ............................................. 1,411,067............................................. 1,459,410
Forestry honor camp................................... 304,000............................................. 334,000
Forestry nurseries......................................... 253,111............................................. 277,060
Forest fire suppression............................. 1,000,000............................................. 1,000,000
Heil wild horse bequest......................................... 1,215,288............................................. 1,126,123
Carey Act trust fund................................................... 28,023............................................. 35,077
Conservation districts...................................................... 250............................................. 250
Tahoe regional planning agency.............................. 41,667............................................. 41,667
Nevada Tahoe regional planning............................. 19,000............................................. 19,000
Department of minerals....................................................... 934,272......................................................... 891,677
Department of wildlife.................................................... 12,798,420......................................................... 12,473,507
Boat program........................................................................... ............................................. 2,835,404............................................. 2,648,326
Trout management............................................... 4,096,617............................................. 3,223,527
Department of agriculture
Plant industry fund................................................... 310,175............................................. 312,475
Apiary inspection fund.............................................. 27,253............................................. 28,862
Agriculture registration and enforcement fund ............................................. 559,523 511,821
Livestock inspection fund................................... 1,072,468............................................. 1,007,211
Grading and certification of agricultural products ............................................. 161,577 177,446
Insect abatement........................................................ 63,509............................................. 68,679
κ1989 Statutes of Nevada, Page 1331 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Alfalfa seed research............................................... $54,549............................................. $57,169
Veterinary medical services...................................... 20,449............................................. 450
Rural rehabilitation trust......................................... 153,430............................................. 150,745
Nevada beef council............................................................. 372,040......................................................... 364,718
Predatory animal and rodent control................................... 27,000......................................................... 27,000
Sheep commission................................................................... 22,512......................................................... 12,835
Woolgrowers predatory animal control............................... 40,525......................................................... 34,800
Grazing boards......................................................................... 54,768......................................................... 54,768
Department of transportation..................................... 249,295,173......................................................... 257,040,905
Department of motor vehicles and public safety
Directors office........................................................... 39,500............................................. 28,250
Emergency response commission.......................... 490,000............................................. 490,000
Record search program........................................ 2,350,000............................................. 2,550,000
Drivers license.......................................................... 399,457............................................. 416,600
Commercial drivers license..................................... 114,574............................................. 100,000
Automation division................................................ 142,188............................................. 146,724
Investigation division............................................... 931,470............................................. 1,314,294
Highway patrol......................................................... 989,230............................................. 768,563
Highway patrol special fund............................... 8,438,258............................................. 8,393,789
Forfeitures................................................... .............. 500,000..................................................................... 500,000
Highway patrol communication section............................. ............................................. 856,985 910,102
Motor vehicle pollution control.......................... 3,134,506............................................. 3,271,069
Criminal history repository..................................... 754,978............................................. 743,256
Salvage, wreckers and body shops regulation ............................................. 226,340 269,229
Peace officers standards and training................. 357,268............................................. 383,786
Traffic safety............................................................ 541,474............................................. 551,228
Crimes against children........................................... 601,000............................................. 635,776
Registration division................................................. 396,000............................................. 285,000
Traffic safetyfederal grants.............................. 1,103,466............................................. 1,103,466
Justice assistance act............................................... 874,000............................................. 874,000
Verification of insurance......................................... 360,169............................................. 381,715
Public employees retirement fund................................. 2,205,365......................................................... 2,270,883
State industrial insurance system................................. 38,951,132......................................................... 39,374,250
Rehabilitation center............................................ 6,071,180............................................. 6,261,986
Industrial attorney................................................................ 873,738......................................................... 964,211
Employment security department................................ 22,157,246......................................................... 22,741,499
Employment security fund.................................. 1,895,837............................................. 1,345,837
Victims of crime................................................................. 1,584,433......................................................... 1,714,762
Consolidated bond interest and redemption..... ........ 21,344,074......................................................... 27,962,360
Rural housing......................................................................... 314,915......................................................... 326,336
κ1989 Statutes of Nevada, Page 1332 (CHAPTER 608, SB 551)κ
1989-90 1990-91
Mining cooperative fund................................................... $100,000......................................................... $100,000
Professional and vocational boards
Board of accountancy............................................ 541,886............................................. 527,050
Board of architecture............................................... 446,783............................................. 377,102
Board of landscape architects.................................. 23,892............................................. 26,674
Barbers health and sanitation board..................... 65,328............................................. 50,899
Board of chiropractic examiners........................... 144,400............................................. 143,413
Contractors board................................................ 1,691,753............................................. 1,574,992
Board of cosmetology............................................. 692,428............................................. 497,755
Board of dental examiners..................................... 207,276............................................. 181,655
Board of registered professional engineers ............................................. 514,300 541,899
Board of funeral directors and embalmers ............................................. 28,325 28,811
Board of hearing aid specialists............................... 25,878............................................. 28,478
Board of nursing home administrators................... 22,957............................................. 19,724
Liquefied petroleum gas board.............................. 108,450............................................. 109,063
Board of audiologists and speech pathologists ............................................. 20,881 15,560
Board of medical examiners............................... 1,212,487............................................. 1,372,945
Board of marriage and family counselors ............................................. 62,125 61,995
Board of nursing....................................................... 828,466............................................. 687,498
Board of dispensing opticians.................................. 28,640............................................. 29,262
Board of homeopathic medical examiners ............................................. 7,262 6,470
Board of optometry................................................. 116,742............................................. 106,256
Board of osteopathic medicine.............................. 106,600............................................. 93,362
Board of pharmacy................................................. 548,019............................................. 622,760
Board of physical therapy examiners..................... 26,800............................................. 31,165
Board of public health sanitarians............................. 2,200............................................. 2,212
Board of certified shorthand reporters.................... 23,186............................................. 21,372
Board of Oriental medicine....................................... 19,050............................................. 15,636
Board of podiatry....................................................... 34,350............................................. 35,410
Board of psychological examiners.......................... 66,929............................................. 99,961
Board of examiners in veterinary medicine ............................................. 86,006 88,274
Board of examiners for social workers................... 66,850............................................. 74,585
κ1989 Statutes of Nevada, Page 1333 (CHAPTER 608, SB 551)κ
Sec. 2. 1. Expenditure of $16,044,837 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1989, and ending June 30, 1990.
2. Expenditure of $16,260,861 by the state gaming board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1990, and ending June 30, 1991.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act, except the legislative fund and judicial agencies, must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as provided in subsection 2 and limited by section 5, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, of from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University of Nevada System may expend with the approval of the interim finance committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
κ1989 Statutes of Nevada, Page 1334 (CHAPTER 608, SB 551)κ
1989-90 1989-91
University of Nevada, Reno............................. $7,373,462............................................. $7,440,647
University of Nevada, Las Vegas.................... 10,545,500............................................. 11,288,000
Clark County community college...................... 2,202,300............................................. 2,311,250
Western Nevada community college.................... 695,090............................................. 742,055
Truckee Meadows community college............. 1,644,870............................................. 1,717,800
Northern Nevada community college................... 257,740............................................. 278,740
School of medical sciences.................................. 1,139,214............................................. 1,139,214
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the chief of the budget division of the department of administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. The sums authorized for expenditure in section 1 for university special projects are authorized to be expended from the University of Nevada System Endowment Fund.
Sec. 9. 1. The chief of the budget division of the department of administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the budget division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program, and budget provisions of NRS 353.150 to 353.245, inclusive. Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the legislature.
2. The assessments must be paid by September 1 of each year.
Sec. 10. The director of the department of administration shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
Sec. 11. With the approval of the interim finance committee, the division of state parks of the state department of conservation and natural resources may use any park user fees collected within a calendar year, that are in excess of the amounts authorized from that revenue source in the divisions budget, for the fiscal year beginning in that calendar year for maintenance projects in state parks, recreational areas and historic monuments.
Sec. 12. Except as otherwise provided in subsection 2, the state public defender shall collect not more than the following amounts from the counties for the use of his services:
κ1989 Statutes of Nevada, Page 1335 (CHAPTER 608, SB 551)κ
For the fiscal For the fiscal
year ending year ending
June 30, 1990 June 30, 1991
Carson City.................................................................... $198,949......................................................... $202,095
Churchill County............................................................... 83,281......................................................... 84,598
Douglas County.............................................................. 189,697......................................................... 192,694
Esmeralda County.............................................................. 9,253......................................................... 9,400
Eureka County..................................................................... 6,940......................................................... 7,050
Humboldt County............................................................. 74,028......................................................... 75,198
Lincoln County.................................................................. 13,880......................................................... 14,100
Lyon County.................................................... .............. 129,548......................................................... 131,597
Mineral County................................................................. 46,267......................................................... 46,999
Nye County........................................................................ 64,774......................................................... 65,798
Pershing County................................................................ 27,760......................................................... 28,199
Storey County...................................................................... 6,940......................................................... 7,050
White Pine County............................................................ 74,028......................................................... 75,198
Totals........................................................................ $925,345......................................................... $939,976
2. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
Sec. 13. This act becomes effective on July 1, 1989.
________
Senate Bill No. 552Committee on Finance
CHAPTER 609
AN ACT relating to public employees; making appropriations from the state general fund and the state highway fund to the state board of examiners for increases in the salaries of certain employees of the State of Nevada; increasing the salaries of certain employees; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in this act, to effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991, the sums of $7,047,465 and $7,236,185, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 65th session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 1989.
κ1989 Statutes of Nevada, Page 1336 (CHAPTER 609, SB 552)κ
pay plan, except those employees whose salaries have been retained, to become effective on July 1, 1989.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. To effect increase in salaries of approximately 5 percent, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal periods beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991, the sums of $931,300 and $1,000,825, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office as fixed by the 65th session of the legislature and the requirements for salaries of classified personnel of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1989.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office under the adjusted pay plan.
Sec. 3. 1. To effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990 and ending June 30, 1991, the sums of $1,642,680 and $1,712,665, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University of Nevada System as fixed by the 65th session of the legislature and the requirements for salaries of the classified personnel of the University of Nevada System necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1989.
2. There is hereby appropriated from the state general fund to the University of Nevada System for the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990 and ending June 30, 1991, the sums of $4,697,434 and $5,001,885, respectively, for the purpose of increasing the salaries of the professional employees of the University of Nevada System, except those employees whose salaries have been retained, to become effective July 1, 1989.
κ1989 Statutes of Nevada, Page 1337 (CHAPTER 609, SB 552)κ
System, except those employees whose salaries have been retained, to become effective July 1, 1989.
3. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the University of Nevada System out of the money appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University of Nevada System under the adjusted pay plan.
Sec. 4. The money appropriated for fiscal years 1989-90 and 1990-91, in sections 1, 2 and 3 of this act is available for both fiscal years 1989-90 and 1990-91, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration. Any balance of that money must not be committed for expenditure after June 30, 1991, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 5. 1. To effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state general fund to the legislative fund for the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991, the sums of $286,954 and $289,304, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 65th session of the legislature and the requirements for salaries of the employees of the legislative counsel bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 1989.
2. The money appropriated for fiscal years 1989-90 and 1990-91, in this section is available for both fiscal years 1989-90 and 1990-91, and may be transferred from one fiscal year to the other. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the state general fund.
Sec. 6. On or before May 31, 1990, the state board of examiners shall project the unappropriated balance of the state general fund, including any amount designated as reserved for stabilizing the budget, and the state distributive school account in the state general fund, as of June 30, 1990, using all relevant information known to it. The results of the projections of the state general fund and the state distributive school account must be combined to form a single projection.
Sec. 7. 1. Based on the projection required by section 6 of this act, the following amounts are hereby contingently appropriated from the respective funds to provide increases in salaries and any additional cost of retirement contributions for the respective groups of employees, for the fiscal year 1990-91:
(a) If the projected balance is at least $68,000,000 but less than $77,000,000:
(1) To effect a salary increase of approximately 2 percent:
(I) From the state general fund to the state board of examiners for:
κ1989 Statutes of Nevada, Page 1338 (CHAPTER 609, SB 552)κ
Classified employees of the state................................................. $3,199,154
Unclassified employees of the state............................................ 441,084
Classified and professional employees of the University of Nevada 2,857,968
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees...................................................................... $420,346
Unclassified employees ................................................................. 30,376
(III) From the state general fund to the legislative fund for employees of the legislative counsel bureau and interim legislative operations ............. $121,506
(2) From the state general fund to the state distributive school account in the state general fund.................................................................................. $11,784,072
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1990-91.
(b) If the projected balance is at least $77,000,000 but less than $87,000,000:
(1) To effect increases in salaries of approximately 3 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................................. $4,798,731
Unclassified employees of the state............................................ 661,626
Classified and professional employees of the University of Nevada System 4,286,952
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees...................................................................... $630,519
Unclassified employees ................................................................. 45,564
(III) From the state general fund to the legislative counsel bureau for employees of the legislative counsel bureau and interim legislative operations $182,259
(2) From the state general fund to the state distributive school account in the state general fund.................................................................................. $17,676,108
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1990-91.
κ1989 Statutes of Nevada, Page 1339 (CHAPTER 609, SB 552)κ
(c) If the projected balance is $87,000,000 but less than $96,000,000:
(1) To effect increases in salaries of approximately 4 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................................. $6,398,308
Unclassified employees of the state............................................ 882,164
Classified and professional employees of the University of Nevada System 5,715,936
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees...................................................................... $840,692
Unclassified employees ................................................................. 60,752
(III) From the state general fund to the legislative counsel bureau for employees of the legislative counsel bureau and interim legislative operations $243,012
(2) From the state general fund to the state distributive school account in the state general fund.................................................................................. $23,568,144
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1990-91.
(d) If the projected balance is at least $96,000,000:
(1) To effect increases in salaries of approximately 5 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................................. $7,997,885
Unclassified employees of the state............................................ 1,102,710
Classified and professional employees of the University of Nevada System 7,144,920
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees...................................................................... $1,050,865
Unclassified employees ................................................................. 75,940
(III) From the state general fund to the legislative counsel bureau for employees of the legislative counsel bureau and interim legislative operations $303,765
(2) From the state general fund to the state distributive school account in the state general fund.................................................................................. $29,460,180 This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1990-91.
κ1989 Statutes of Nevada, Page 1340 (CHAPTER 609, SB 552)κ
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1990-91.
2. The state board of examiners shall allocate the appropriations made to it, if any, among the respective departments, commissions and agencies of the state, including the judicial branch of government, in such proportion as to enable each to pay to its classified, professional and unclassified employees, except any whose salaries have been retained, the percentage of increase, if any, in their respective salaries specified in this section.
3. If the total appropriations are not sufficient to provide the specified increase, the appropriations must be prorated and the increases in salaries reduced proportionately.
4. Any balance of the contingent appropriations made by this section must not be committed for expenditure after June 30, 1991, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made, except that any balance of the money appropriated to the legislative fund must be carried forward for use in the next legislative session and does not revert to the state general fund.
Sec. 8. 1. Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 1989:
Approximate
Annual
Title or Position Salary
Senior physician (Range A)................................................................. $77,917
Senior physician (Range B)................................................................. 84,539
Senior physician (Range C)................................................................. 87,632
Senior psychiatrist (Range A).............................................................. 84,539
Senior psychiatrist (Range B).............................................................. 87,631
Senior psychiatrist (Range C).............................................................. 99,616
State health officer (Range A)............................................................ 87,631
State health officer (Range B)............................................................ 89,276
State health officer (Range C)............................................................ 90,925
Senior institutional dentist (Range A)................................................ 69,102
Senior institutional dentist (Range B)................................................ 77,966
Senior pathologist.................................................................................. 87,150
As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
2. The employees filling the positions listed in subsection 1, except those whose salaries have been retained, may receive an adjustment of salary effective July 1, 1990, if the projected unappropriated balance in the state general fund, including any amount designated as reserved for stabilizing the budget, and the state distributive school account in the state general fund projected by the state board of examiners results in:
κ1989 Statutes of Nevada, Page 1341 (CHAPTER 609, SB 552)κ
(a) A projected balance of at least $68,000,000 but less than $77,000,000, 2 percent.
(b) A projected balance of at least $77,000,000 but less than $87,000,000, 3 percent.
(c) A projected balance of at least $87,000,000 but less than $96,000,000, 4 percent.
(d) A projected balance of at least $96,000,000, 5 percent.
Sec. 9. The state board of examiners shall allocate from the amounts appropriated by section 1 of this act to the Tahoe Regional Planning Agency to provide for Nevadas share of a salary increase of the same percentage granted to classified employees of the State of Nevada or the percentage of salary increase, if any, authorized by the State of California, whichever is less, the sum of no more than $23,418 for the fiscal year 1989-90 and the sum of no more than $25,057 for the fiscal year 1990-91.
Sec. 10. 1. To effect a one-grade salary increase on the classified employee compensation plan for certain nursing personnel, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal years 1989-90 and 1990-91, the sums of $285,462 and $301,707, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain classified nursing personnel.
2. The department of personnel shall designate those nursing positions eligible for the one-grade increase pursuant to this section.
Sec. 11. The department of personnel shall increase the level of compensation of all uniformed highway patrol positions by one grade on the classified employee compensation schedule effective July 1, 1989.
Sec. 12. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 1342κ
Senate Bill No. 553Committee on Finance
CHAPTER 610
AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the biennium 1989-91; making an appropriation; authorizing certain expenditures; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The basic support guarantee per pupil for the respective school districts of the state for the fiscal year 1989-90 is:
Carson City........................................................................................................ $3,224
Churchill County................................................................................................. 3,469
Clark County....................................................................................................... 2,808
Douglas County................................................................................................... 2,951
Elko County......................................................................................................... 3,343
Esmeralda County.............................................................................................. 5,687
Eureka County.................................................................................................... 1,000
Humboldt County............................................................................................... 3,178
Lander County.................................................................................................... 3,699
Lincoln County.................................................................................................... 4,802
Lyon County........................................................................................................ 3,666
Mineral County................................................................................................... 3,673
Nye County.......................................................................................................... 3,352
Pershing County.................................................................................................. 3,665
Storey County...................................................................................................... 5,058
Washoe County................................................................................................... 2,672
White Pine County.............................................................................................. 3,971
Sec. 2. 1. The basic support guarantee for school districts for operating purposes for the fiscal year 1990-91 is an aggregate weighted average of $2,962 per pupil.
2. The department of taxation on or before April 1, 1990, shall provide a certified estimate of the assessed valuation for each school district for the fiscal year 1990-91. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds of minerals derived from within the boundaries of the district.
3. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the fiscal year 1990-91 for operating purposes are:
κ1989 Statutes of Nevada, Page 1343 (CHAPTER 610, SB 553)κ
Estimated
Basic Basic
Support Support
Guarantee Estimated Guarantee
Before Ad Valorem as
Adjustment Adjustment Adjusted
Carson City School District.................... $3,169 $120 $3,289
Churchill County School District........... 3,269 188 3,457
Clark County School District................. 2,850 35 2,885
Douglas County School District............ 3,220 (198) 3,022
Elko County School District................... 3,230 136 3,366
Esmeralda County School District........ 5,532 (245) 5,287
Eureka County School District.............. 1,020 0 1,020
Humboldt County School District........ 3,421 (196) 3,225
Lander County School District.............. 3,529 97 3,626
Lincoln County School District............. 4,677 377 5,054
Lyon County School District................. 3,469 191 3,660
Mineral County School District............. 3,358 205 3,563
Nye County School District.................... 3,522 (96) 3,426
Pershing County School District............ 3,745 (230) 3,515
Storey County School District............... 5,100 (3) 5,097
Washoe County School District............ 2,819 (116) 2,703
White Pine County School District........ 3,726 229 3,955
4. The ad valorem adjustment may be made only to take account of the difference in the assessed valuation of the school district between the amount estimated as of April 1, 1989, and the amount estimated as of April 1, 1990, for the fiscal year 1990-91.
5. Upon receipt of the certified estimates of assessed valuations as of April 1, 1990, from the department of taxation, the department of education must recalculate the amount of ad valorem adjustment and the basic support guarantee for operating purposes for fiscal year 1990-91 by April 25, 1990. The basic support guarantee for each school district for the fiscal year 1990-91 is the amount which is recalculated for the fiscal year 1990-91 pursuant to this section, except that the basic support guarantee recalculated pursuant to this section must not be less than $100 per pupil.
Sec. 3. 1. The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $25,200 for each of the fiscal years 1989-90 and 1990-91, except as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1989-90 and 1990-91 are:
κ1989 Statutes of Nevada, Page 1344 (CHAPTER 610, SB 553)κ
1989-90 1990-91
Location of School
District Units Amount Units Amount
Carson City......................... 41 $1,033,200 43 $1,083,600
Churchill County............... 21 529,200 22 554,400
Clark County...................... 688 17,337,600 720 18,144,000
Douglas County................. 32 806,400 33 831,600
Elko County....................... 35 882,000 37 932,400
Esmeralda County............ 3 75,600 3 75,600
Eureka County................... 3 75,600 3 75,600
Humboldt County............. 16 403,200 17 428,400
Lander County................... 8 201,600 8 201,600
Lincoln County.................. 8 201,600 8 201,600
Lyon County...................... 25 630,000 26 655,200
Mineral County.................. 10 252,000 10 252,000
Nye County........................ 19 478,800 20 504,000
Pershing County................. 6 151,200 6 151,200
Storey County.................... 3 75,600 3 75,600
Washoe County................. 242 6,098,400 254 6,400,800
White Pine County............ 11 277,200 12 302,400
Subtotal............................... 1,171 $29,509,200 1,225 $30,870,000
Reserved by State Board of Education ................................. 25 630,000 80................................. 2,016,000
Total........................................... 1,196........................................ $30,139,200........................................ 1,305........................................ $32,886,000
3. The state board of education shall reserve 25 special education program units for the fiscal year 1989-90 and 80 special education units for the fiscal year 1990-91, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year. Of the 80 special education units for the fiscal year 1990-91, 55 must be designated to serve handicapped 3- and 4-year old children pursuant to subsection 1 of NRS 388.490. These needs must be evaluated by the department of education.
Sec. 4. 1. There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:
For the fiscal year 1989-90.............................................................. $276,644,956
For the fiscal year 1990-91.............................................................. $291,084,146
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years, 1989-90 and 1990-91, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
3. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
κ1989 Statutes of Nevada, Page 1345 (CHAPTER 610, SB 553)κ
4. The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
5. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1989-90 must be transferred and added to the money appropriated for the fiscal year 1990-91 and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1990-91, including any money added thereto pursuant to the provisions of subsection 5, 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. 5. 1. Expenditure of $49,101,640 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1989.
2. Expenditure of $52,429,458 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1990.
3. For purposes of accounting and reporting, the sums authorized for expenditure in subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to an from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the department of education, in subsections 1 and 2, for the purpose of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 6. Of the sums appropriated from the state general fund in section 4 of this act, up to $600,000 in each of the fiscal years 1989-90 and 1990-91 may be used to meet the states matching requirement under the Child Nutrition Act.
Sec. 7. During each of the fiscal years 1989-90 and 1990-91, whenever the state controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay the claims, but no more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account.
κ1989 Statutes of Nevada, Page 1346 (CHAPTER 610, SB 553)κ
general fund to the state distributive school account the amount required to pay the claims, but no more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
Sec. 8. The department of education is hereby authorized to spend from the state distributive school account the sum of $2,098,730 for the fiscal year 1989-90 and the sum of $2,244,733 for the fiscal year 1990-91 for the support of educating pupils who are incarcerated in a facility or institution operated by the department of prisons, other than an honor camp.
Sec. 9. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 959Committee on Ways and Means
CHAPTER 611
AN ACT making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 49, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991.
1989-90 1990-91
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor ................................................. $1,101,209................................................. $1,051,916
For the support of the governors mansion ................................................. 133,726 159,706
For the support of the office of the extradition coordinator ................................................. 433,479 449,372
For the support of general fund agencies out-of-state travel...................................... 47,500................................................. 47,500
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor ................................................. -0- $84,776
κ1989 Statutes of Nevada, Page 1347 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Sec. 4. The Office of Attorney General.
For the support of the office of attorney general ................................................. $2,212,456................................................. $2,225,357
For the special litigation account of the attorney general ................................................. 100,000 100,000
For the support of the crime prevention program ................................................. 39,847 40,326
Sec. 5. The Office of the Secretary of State.
For the support of the office of secretary of state ................................................. $1,412,198................................................. $1,516,794
For the support of the securities division... 775,373................................................. 783,255
Sec. 6. The Office of State Treasurer.
For the support of the office of state treasurer ................................................. $605,535................................................. $610,174
Sec. 7. The Office of the State Controller.
For the support of the office of the state controller ................................................. $1,622,572................................................. $1,639,291
Sec. 8. Department of Administration.
For the support of:
Budget division................................. $776,548................................................. $925,575
State planning................................... 123,166................................................. 136,113
Merit award board............................ 3,500................................................. 3,500
Clear Creek youth center................ 127,110................................................. 114,567
Sec. 9. Department of General Services.
For the support of:
Buildings and grounds division...... $20,000................................................. $20,000
Buildings and grounds: Roof repair ................................................. 99,790 140,040
Sec. 10. State Public Works Board.
For the support of the state public works board ................................................. $1,100,941................................................. $1,097,360
Sec. 11. Department of Taxation.
For the support of:
Department of taxation.................. $5,384,950................................................. $5,525,682
Senior Citizens Property Tax Assistance ................................................. 1,453,066................................................. 1,525,531
Sec. 12. Nevada Commissioner for Veterans Affairs.
For the support of the Nevada commissioner for veterans affairs..................................... $457,824................................................. $462,456
Sec. 13. Nevada Equal Rights Commission.
For the support of the Nevada equal rights commission ................................................. $409,324................................................. $418,176
Sec. 14. Indian Affairs Commission.
For the support of the Indian affairs commission ................................................. $120,367................................................. $119,113
κ1989 Statutes of Nevada, Page 1348 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Sec. 15. Employee-Management Relations Board.
For the support of the employee-management relations board...................................... $105,908................................................. $100,539
Sec. 16. Legislative Fund.
For the support of the legislative commission ................................................. $371,309................................................. $334,404
For the support of the audit division of the legislative counsel bureau..................... 1,451,088................................................. 1,456,721
For the support of the administrative division of the legislative counsel bureau... 2,012,708................................................. 1,947,379
For the support of the legal division of the legislative counsel bureau..................... 1,424,711................................................. 1,755,687
For the support of the research division of the legislative counsel bureau..................... 847,338................................................. 794,644
For the support of the fiscal analysis division of the legislative counsel bureau... 848,887................................................. 829,016
For the support of interim legislative operations ................................................. 150,744 139,099
Sec. 17. Supreme Court of Nevada.
For the support of the supreme court of Nevada ................................................. $1,744,177................................................. $1,782,965
For the support of the state board of pardons commissioners...................... 24,812................................................. 12,446
For the support of the law library............... 431,305................................................. 436,182
For the support of the commission on judicial selection ................................................. 5,500 5,500
For the support of the retired justices duty fund ................................................. 30,000 30,000
Sec. 18. Commission on Judicial Discipline.
For the support of the commission on judicial discipline ................................................. $32,442 $33,360
Sec. 19. District Judges Travel.
For the support of district judges travel.... $17,000................................................. $17,000
Sec. 20. District Judges Salaries and Judicial Pensions.
For the support of district judges salaries, board of law library trustees, and pensions of justices, judges and widows............... $3,165,505................................................. $3,422,239
κ1989 Statutes of Nevada, Page 1349 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Sec. 21. Public Defender.
For the support of the office of public defender ................................................. $492,011................................................. $508,836
Sec. 22. Commission on Economic Development.
Industrial division.......................................... $2,356,425................................................. $2,348,829
Film division................................................... 89,988................................................. 90,567
Rural community development.................. 30,386................................................. 30,517
Small business and federal procurement.. 135,964................................................. 131,943
Sec. 23. State Department of Education.
For the support of:
Education, state programs.............. $1,291,175................................................. $1,313,549
Occupational education.................. 512,199................................................. 510,206
Professional standards commission ................................................. 43,115 35,948
Child nutrition................................... 324,500................................................. 324,500
Adult basic education...................... 115,506................................................. 115,506
Care of handicapped children........ 601,405................................................. 598,909
Proficiency testing............................ 4,500................................................. 4,500
Discretionary grants......................... 14,886................................................. 14,886
Sec. 24. Commission on Postsecondary Institutional Authorization.
For the support of the commission on postsecondary education............................... $98,066................................................. $88,856
Sec. 25. University of Nevada System.
For the support of:
System administration..................... $1,509,580................................................. $1,572,299
University press................................. 297,232................................................. 305,527
Statewide programsUNR.............. 3,198,988................................................. 3,263,797
Intercollegiate athleticsUNR........ 994,604................................................. 1,011,864
Statewide programsUNLV............ 411,382................................................. 417,271
Intercollegiate athleticsUNLV...... 994,604................................................. 1,011,864
Agricultural experiment station...... 3,550,915................................................. 3,639,404
Cooperative extension services...... 3,079,053................................................. 3,138,778
System computing center................ 5,089,260................................................. 5,196,296
Desert research institute................... 1,587,849................................................. 1,617,294
National direct student loan........... 30,000................................................. 30,000
University of Nevada, Reno........... 39,142,200................................................. 41,540,958
School of medical sciences, UNR.. 8,379,981................................................. 8,517,908
University of Nevada, Las Vegas.. 40,076,533................................................. 43,508,089
Clark County community college. 12,691,301................................................. 13,307,447
Western Nevada community college ................................................. 4,828,298................................................. 5,231,849
Truckee Meadows community college ................................................. 8,245,882................................................. 8,646,543
Northern Nevada community college ................................................. 2,520,543................................................. 2,682,041
κ1989 Statutes of Nevada, Page 1350 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Business center, north...................... 1,021,953................................................. 1,059,471
Business center, south...................... 858,204................................................. 888,996
University system-special projects 1,787,968................................................. 3,341,623
Sec. 26. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the western interstate commission for higher education............................... $163,585................................................. $159,067
For the support of the western interstate commission for higher education loan fund 446,402................................................. 457,266
Sec. 27. Department of Museums and History.
For the support of the office of the director ................................................. $97,019 $98,147
For the support of the Nevada historical society ................................................. 387,339 398,808
For the support of the Nevada state museum, Carson City ................................................. 696,220 711,495
For the support of the Nevada museum, Las Vegas ................................................. 477,532 481,532
For the support of the Lost City museum. 161,317................................................. 166,049
For the support of the Nevada railroad museum ................................................. 280,180 273,217
Sec. 28. Nevada Council on the Arts.
For the support of the Nevada council on the arts ................................................. $294,786................................................. $301,308
Sec. 29. State Library and Archives.
For the support of the state library and archives ................................................. $1,426,790................................................. $1,466,588
Nevada state library-literacy....................... 30,913................................................. 31,680
For the support of the division of archives and records ................................................. 272,169 288,083
Sec. 30. Department of Human Resources.
For the support of:
Office of the director of human resources ................................................. $502,633................................................. $503,483
Committee to hire the handicapped ................................................. 149,675 151,262
Childrens resource bureau............. 270,066................................................. 323,840
Health care evaluation.................... 199,196................................................. 199,405
Aging services division..................... 794,490................................................. 815,185
Senior services program............ 491,748.......................................... 556,659
κ1989 Statutes of Nevada, Page 1351 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Youth services division.................... 115,754................................................. 117,654
Child care services bureau.. 178,644.................................... 179,477
Northern Nevada childrens home .................................... 1,019,146.................................... 1,040,588
Southern Nevada childrens home .................................... 1,048,563.................................... 1,053,907
Nevada youth training center .................................... 3,877,594.................................... 3,985,680
Probation subsidies.............. 910,148.................................... 937,453
Nevada girls training center 2,608,825.................................... 2,644,929
Youth parole......................... 853,072.................................... 916,306
Youth services division alternative placements............... 1,699,775.................................... 1,744,452
Health division
Office of state health officer .................................... 386,453 387,740
Vital statistics........................ 446,105.................................... 435,346
Bureau of health facilities.. 265,705.................................... 270,219
Bureau of laboratory and research .................................... 894,695 858,527
Crippled childrens services 3,098,920.................................... 3,254,250
Special childrens clinic....... 2,100,082.................................... 2,405,167
Bureau of community health services .................................... 340,805 345,390
Health aid to counties......... 1,097,349.................................... 1,151,906
Emergency medical services .................................... 406,617 409,925
Consumer protection........... 658,610.................................... 668,117
Tuberculosis control............ 315,533.................................... 328,811
Venereal disease control..... 184,954.................................... 198,541
Cancer control registry........ 77,166.................................... 66,466
Immunization control......... 56,236.................................... 60,484
Mental hygiene and mental retardation division
Division administration....... 977,677.................................... 985,350
MH/MR screening............... 458,018.................................... 604,710
Nevada mental health institute .................................... 9,628,630.................................... 9,809,155
Facility for the mental offender .................................... 2,165,874.................................... 2,209,561
Rural clinics........................... 2,652,448.................................... 2,803,918
Southern Nevada adult mental health services...................... 12,392,083.................................... 12,787,888
κ1989 Statutes of Nevada, Page 1352 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Southern Nevada child and adolescent services...................... 3,353,816.................................... 3,769,831
Northern Nevada child and adolescent services...................... 1,551,063.................................... 2,033,103
Southern Nevada mental retardation services...................... 661,220.................................... 707,625
Northern Nevada mental retardation services...................... 570,483.................................... 616,645
Community training center 1,636,031.................................... 1,450,196
MH/MR: Older American programs .................................... 104,952 106,538
Resident placement............. 847,780.................................... 1,010,094
MH/MR: Regional training 71,545.................................... 71,545
Chapter 1 - Special education .................................... 173,505 168,009
MH/MR: Home care........... 178,478.................................... 188,688
Welfare division
Welfare administration....... 7,291,647.................................... 7,922,859
Assistance to aged and blind .................................... 2,820,069.................................... 2,891,912
Aid to dependent children.. 12,942,288.................................... 14,852,443
State aid to the medically indigent .................................... 69,793,227.................................... 80,443,391
Food stamp program........... 2,338,661.................................... 2,435,892
Child welfare services.......... 5,789,086.................................... 6,648,670
Employment and training program .................................... 957,236.................................... 1,409,192
Program for homeless Nevadans .................................... 61,435 61,818
Rehabilitation division
Vocational rehabilitation.... 1,145,391.................................... 1,050,030
Financial assistance for physically disabled .................................... 489,640 504,329
Services to the blind............. 714,742.................................... 656,509
Alcohol and drug abuse rehabilitation .................................... 1,760,468.................................... 1,804,554
Sec. 31. Department of the Military.
For the support of the department of the military ................................................. $940,874................................................. $933,047
For the support of National Guard benefits ................................................. 53,200 53,200
For the support of the division of emergency management ................................................. 269,156 267,729
Sec. 32. Department of Prisons.
For the support of the office of director.... $4,438,119................................................. $4,651,945
For the support of medical care.................. 12,199,464................................................. 13,564,207
For the support of the Nevada state prison ................................................. 8,259,566................................................. 8,149,462
κ1989 Statutes of Nevada, Page 1353 (CHAPTER 611, AB 959)κ
1989-90 1990-91
For the support of the Reno correctional facility ................................................. 1,281,363................................................. 1,307,129
For the support of the northern Nevada correctional center ................................................. 7,558,192................................................. 7,595,569
For the support of the southern Nevada correctional center................................................. 6,036,172................................................. 6,095,863
For the support of the Nevada womens correctional center...................................... 2,196,323................................................. 2,221,937
For the support of the Ely maximum security prison ................................................. 6,476,623................................................. 11,056,470
For the support of the Stewart conservation camp ................................................. 736,443 690,958
For the support of the Pioche conservation camp ................................................. 750,241 736,933
For the support of the Wells conservation camp ................................................. 757,010 727,691
For the support of the Humboldt conservation camp ................................................. 713,855 713,020
For the support of the Ely conservation camp ................................................. 749,263 714,856
For the support of the Jean conservation camp ................................................. 559,976 540,175
For the support of the Carlin conservation camp ................................................. 656,958 689,269
For the support of the central desert conservation camp ................................................. -0- 289,745
For the support of the Indian Springs conservation camp ................................................. 460,496 579,930
For the support of the northern Nevada restitution center ................................................. 227,328 236,357
For the support of the southern Nevada restitution center ................................................. 266,456 257,392
For the support of the southern desert correctional center ................................................. 9,593,916................................................. 9,790,087
For the support of the Tonopah conservation camp ................................................. 116,347 581,345
For the support of prison industry.............. 218,014................................................. 223,089
Sec. 33. Department of Parole and Probation.
For the support of the department of parole and probation ................................................. $10,034,059................................................. $10,916,519
Sec. 34. Parole Board.
For the support of the parole board........... $482,435................................................. $481,142
Sec. 35. Department of Commerce.
For the support of:
Office of the director........................ $232,804................................................. $233,514
Board for financing water projects............................. ................................................. 3,465 3,465
κ1989 Statutes of Nevada, Page 1354 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Insurance division............................ 1,290,764................................................. 1,270,913
Fire marshal....................................... 344,586................................................. 361,385
Financial institutions division......... 976,850................................................. 992,078
Consumer affairs division............... 413,329................................................. 421,326
Real estate division.......................... 948,605................................................. 967,312
Unclaimed property program......... 164,216................................................. 167,083
Mentally ill individuals program.... 69,161................................................. 71,227
Sec. 36. Labor Commissioner.
For the support of the labor commissioner ................................................. $632,750................................................. $640,039
Sec. 37. State Department of Conservation and Natural Resources.
For the support of:
Office of the director........................ $269,320................................................. $262,162
State environmental commission.. 4,682................................................. 4,765
Division of conservation districts... 90,356................................................. 88,271
Division of state lands..................... 355,602................................................. 360,692
Division of historic preservation and archeology ................................................. 163,368 165,985
Division of environmental protection ................................................. 761,137 785,423
Division of water resources............. 2,332,544................................................. 2,344,518
Division of State parks
Park administration............. 2,396,329.................................... 2,306,243
Division of forestry
Forestry division................... 1,300,770.................................... 1,277,889
Forest fire suppression......... 250,000.................................... 250,000
Forestry honor camps......... 3,805,141.................................... 4,544,943
Committee on federal land laws.... 12,102................................................. 12,127
Tahoe regional planning agency.... 536,333................................................. 547,033
Nevada Tahoe regional planning agency ................................................. 10,000 10,000
Sec. 38. Department of Wildlife.
For the support of the department of wildlife ................................................. $154,000................................................. $154,000
Sec. 39. Comstock Historic District Commission.
For the support of the Comstock historic district commission........................... $58,483................................................. $45,163
Sec. 40. State Department of Agriculture.
For the support of the plant industry fund $1,549,522................................................. $1,437,742
For the support of the veterinary medical services ................................................. 601,393 627,439
κ1989 Statutes of Nevada, Page 1355 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Sec. 41. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board ................................................. $24,490 $25,327
Sec. 42. State Predatory Animal and Rodent Committee.
For the support of the state predatory animal and rodent committee............................. $398,657................................................. $408,704
Sec. 43. High School Rodeo Association.
For the support of the high school rodeo association ................................................. $12,500 $12,500
Sec. 44. Mining Cooperative Fund.
For the support of the mining cooperative fund ................................................. $98,000 $98,000
Sec. 45. Department of Motor Vehicles and Public Safety.
For the support of the directors office...... $12,500................................................. $26,250
For the support of the highway patrol (law enforcement) ................................................. 38,180 38,180
For the support of peace officers standards and training ................................................. 145,247 127,247
For the support of the investigation division ................................................. 2,495,072................................................. 2,454,982
Sec. 46. Nevada Athletic Commission.
For the support of the Nevada athletic commission ................................................. $188,654................................................. $186,709
Sec. 47. Ethics commission........................... $46,811....................................................... $44,050
Sec. 48. State climatologist........................... $30,949....................................................... $31,367
Sec. 49. The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991.
Attorney General: Administrative fund..... $484,205................................................. $488,625
Department of taxation............................... 419,624................................................. 410,015
Department of motor vehicles and public safety
Drivers license.................................. 3,354,480.................................... 3,658,480
Commercial drivers license............ 963,000.................................... 720,610
Directors office................................ 1,345,247.................................... 1,382,730
Administrative services.................... 4,150,233.................................... 4,303,708
Automation....................................... 2,625,515............................................................. 2,593,520
Law enforcement, highway patrol 10,818,189.................................... 11,768,940
Motor carrier...................................... 1,689,142............................................................. 1,702,518
Registration........................................ 5,520,643............................................................. 5,742,514
Office of traffic safety.................... 35,996.................................... 36,741
Hazardous materials........................ 734,582.................................... 752,713
κ1989 Statutes of Nevada, Page 1356 (CHAPTER 611, AB 959)κ
1989-90 1990-91
Public service commission.............. 2,072,058.................................... 2,015,624
Budget division................................. 41,624.................................... 42,803
Sec. 50. The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991.
For the support of the state predatory animal and rodent committee............................. $20,000................................................. $20,000
Sec. 51. 1. Except as otherwise provided in subsection 5, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1989-90 and 1990-91, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the state budget act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Except as otherwise provided in subsection 4, transfers to or from the following functional areas of each budget within the University of Nevada System which result in a cumulative impact of $25,000 or more must receive the prior approval of the governor of his designee and the interim finance committee:
(a) Instruction.
(b) Research.
(c) Public service.
(d) Academic support.
(e) Student services.
(f) Institutional support.
(g) Operation and maintenance of plant.
(h) Scholarships.
4. The requirements of subsection 3 do not apply to:
(a) Money appropriated for salary increases to professional and classified personnel if the money is allocated to each functional area in proportion to the amounts allocated to those areas in the legislatively approved budget for the fiscal years 1989-90 and 1990-91.
(b) Merit funds distributed by the board of regents to individual budgets within the University of Nevada System.
(c) Amounts allocated to functional areas by the board of regents based upon professional and classified salary savings included in the legislatively approved budget for the fiscal years 1989-90 and 1990-91.
5. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
κ1989 Statutes of Nevada, Page 1357 (CHAPTER 611, AB 959)κ
transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 52. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Care of handicapped children;
3. Forest fire suppression;
4. National guard benefits;
5. Tuberculosis control;
6. Crippled childrens services;
7. Child welfare services;
8. Food stamps;
9. Aid to dependent children;
10. Assistance to aged and blind;
11. Welfare medical care service;
12. Employment and training program;
13. Attorney generals special litigation account; and
14. Buildings and grounds roof repair,
are available for both fiscal years 1989-90 and 1990-91, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 53. The sums appropriated to the legislative fund by section 16 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1989-90 and 1990-91, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 54. The sums appropriated by section 2 of this act for state agencies out-of-state travel may not be used for public officers and employees whose salaries are paid by the appropriations made to the office of the governor, the office of the lieutenant governor, the office of the state treasurer, the office of the secretary of state, the office of the state controller, or any officers or employees of the judicial or legislative departments. Allocations may be made only to support the out-of-state travel of employees whose salaries are wholly or partially supported by the state general fund.
Sec. 55. The total amounts appropriated in section 30 of this act to each of the accounts of the welfare division enumerated in section 52 of this act, except for the amounts appropriated for the assistance to the aged and blind programs, are limits, and the division shall not request additional money for these programs.
Sec. 56. The sums appropriated to the welfare division by section 30 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 57. The sums appropriated to the department of prisons by section 32 of this act may be transferred among the various budget accounts of the department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
κ1989 Statutes of Nevada, Page 1358 (CHAPTER 611, AB 959)κ
Sec. 58. The sums appropriated to any division, agency, or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the interim finance committee upon the recommendation of the governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings, and such transfers are also limited only to those activities which are supported by general fund or highway fund appropriations.
Sec. 59. In addition to the requirements of NRS 353.225, for the fiscal years 1989-90 and 1990-91, the board of regents of the University of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.
Sec. 60. There is hereby appropriated $11,621 to the public employees retirement board to be expended for the administration of the legislators retirement system for the period July 1, 1989, through June 30, 1991.
Sec. 61. 1. Unencumbered balances of the appropriations made in this act for the fiscal years 1989-90 and 1990-91 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any encumbered balance of the appropriations made to the legislative fund by section 16 of this act do not revert to the state general fund but constitute a balance carried forward.
Sec. 62. If any claims which are payable and properly approved exceed the amount available in the department of prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the chief of the budget division of the department of administration, from the appropriations made in section 32 of this act for the Nevada state prison, northern Nevada correctional center, Nevada womens correctional center and Stewart conservation camp such amount as may be required to pay the claims but not exceeding a total of $400,000.
Sec. 63. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.
Sec. 64. There is hereby appropriated the sum of $79,688 from the state general fund to the Supreme Court for salaries, travel and operating expenses. This appropriation is supplemental to that made by section 18 of chapter 747, Statutes of Nevada 1987.
Sec. 65. There is hereby appropriated the sum of $10,000 from the state general fund to the Nevada state museum, Carson City, for salaries, travel and operating expenses. This appropriation is supplemental to that made by section 28 of chapter 747, Statutes of Nevada 1987.
Sec. 66. There is hereby appropriated the sum of $4,000 from the state general fund to the Lost City Museum, for salaries, travel and operating expenses. This appropriation is supplemental to that made by section 28 of chapter 747, Statutes of Nevada 1987.
Sec. 67. For accounting purposes, the state controller, shall, when reporting for each fiscal year, the financial position of the state general fund, designate up to $40,000,000, if available, of the unreserved fund balance as designated for stabilizing the budget.
κ1989 Statutes of Nevada, Page 1359 (CHAPTER 611, AB 959)κ
designate up to $40,000,000, if available, of the unreserved fund balance as designated for stabilizing the budget.
Sec. 68. Of the sum appropriated to the University of Nevada, Reno, by section 25 of this act, $30,700 may be transferred to the Intercollegiate Athletics, University of Nevada, Reno, budget in fiscal years 1989-90 and 1990-91 upon approval of the board of regents
Sec. 69. The state controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 70. The sums appropriated to the University of Nevada System in section 25 of this act include funding to provide merit salary increases to professional employees. The current system utilized to grant merit salary increases to professional employees of the university system terminates on June 30, 1991. The 66th session of the Nevada legislature shall review recommendations concerning different methods of compensating university professional employees for salary increases other than those designated to offset increases in the cost of living.
Sec. 71. The state board of health shall increase vital statistics fees to a level sufficient to meet the revenues projected in the budget approved by the legislature.
Sec. 72. This section and sections 64 to 67, inclusive, of this act become effective on June 30, 1989. The remaining sections become effective on July 1, 1989.
________
Assembly Bill No. 960Committee on Ways and Means
CHAPTER 612
AN ACT relating to employees in the unclassified service of the state; establishing maximum allowed salaries; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions.
Approximate
Title or Position Annual
Salary
1. Office of the governor:
Executive assistant......................................................................... $55,600
Executive assistant......................................................................... 52,200
Executive assistant......................................................................... 46,900
Employee relations officer............................................................ 42,100
Executive assistant......................................................................... 38,900
κ1989 Statutes of Nevada, Page 1360 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Executive assistant......................................................................... 36,700
Administrative assistant................................................................ 34,100
Secretary to the governor.............................................................. 29,100
Administrative secretary (each)................................................... 22,800
Administrative secretary................................................................ 20,500
2. Office of the lieutenant governor:
Chief assistant................................................................................. $29,200
Administrative secretary................................................................ 22,800
3. Office of the secretary of state:
Chief deputy.................................................................................... $39,900
Coordinator, corporate filing........................................................ 33,000
Chief, annual list division.............................................................. 26,000
Deputy secretary of state, securities division............................. 50,200
Deputy secretary of state, elections............................................. 35,000
4. Office of the state treasurer:
Chief deputy state treasurer.......................................................... $39,900
Treasury cashier.............................................................................. 32,400
Deputy state treasurer, investments............................................ 48,000
5. Office of controller:
Chief deputy controller.................................................................. $50,900
Assistant controller......................................................................... 39,900
6. Office of the attorney general:
(a) Central office in Carson City:
Chief deputy V, attorney general................................................. $66,800
Chief deputy IV, criminal.............................................................. 59,300
Chief deputy IV, civil..................................................................... 59,300
Deputy III, public lands................................................................. 52,600
Deputy III, criminal (each)........................................................... 52,600
Deputy II, civil (each).................................................................... 45,500
Deputy II, criminal (each)............................................................. 45,500
Chief investigator............................................................................ 39,200
Investigator, criminal division (each).......................................... 35,400
Investigator, private investigators licensing board.................. 35,400
Administrative assistant................................................................ 33,200
Supervisor, office services............................................................. 37,700
Criminal justice coordinator......................................................... 52,600
Criminal legal researcher............................................................... 24,100
Civil legal researcher....................................................................... 24,100
Capital case coordinator............................................................... 52,600
(b) Central office in Las Vegas:
Chief deputy V, Las Vegas........................................................... $66,800
Investigator, Las Vegas................................................................. 35,400
Deputy III, criminal (each)........................................................... 52,600
(c) Department of transportation legal counsel:
Chief deputy IV.............................................................................. $59,300
κ1989 Statutes of Nevada, Page 1361 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Deputy III (each)............................................................................ 52,600
Deputy II (each).............................................................................. 45,500
Legal research assistant (each)..................................................... 24,100
(d) Agency deputies:
Chief deputy V, gaming................................................................. $66,800
Chief deputy IV, human resources.............................................. 59,300
Chief deputy IV, commerce......................................................... 59,300
Chief deputy IV, retirement.......................................................... 59,300
Deputy IV, gaming control board (each).................................... 59,300
Deputy IV, nuclear waste.............................................................. 59,300
Deputy IV, Colorado River commission.................................... 59,300
Deputy III, mental hygiene and mental retardation................ 52,600
Deputy III, health........................................................................... 52,600
Deputy III, welfare (each)............................................................. 52,600
Deputy III, gaming commission (each)...................................... 52,600
Deputy III, taxation (each)........................................................... 52,600
Deputy III, taxation and mental health..................................... 52,600
Deputy III, insurance (each)......................................................... 52,600
Deputy III, personnel..................................................................... 52,600
Deputy III, insurance fraud.......................................................... 52,600
Deputy III, environmental protection......................................... 52,600
Deputy III, taxicab and civil........................................................ 52,600
Deputy III, housing........................................................................ 52,600
Deputy III, group insurance and civil......................................... 52,600
Deputy III, water resources........................................................... 52,600
Deputy III, prison (each)............................................................... 52,600
Deputy III, consumer affairs........................................................ 52,600
Deputy III, real estate.................................................................... 52,600
Deputy III, equal rights.................................................................. 52,600
Deputy III, civil and mental hygiene and mental retardation 52,600
Deputy III, labor commission, administration, general services and data processing............................................................................ 52,600
Deputy III, conservation, secretary of state, treasurer............ 52,600
Deputy III, securities division....................................................... 52,600
Deputy III, motor vehicles (each)................................................ 52,600
Deputy III, investigations.............................................................. 52,600
Deputy III, private investigator board and natural resources 52,600
Deputy III, Colorado River commission.................................... 52,600
Deputy II, motor vehicles (each)................................................. 45,500
Deputy II, welfare (each).............................................................. 45,500
Deputy II, taxation......................................................................... 45,500
Deputy II, parole and probation.................................................. 45,500
κ1989 Statutes of Nevada, Page 1362 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Deputy II, criminal and pharmacy.............................................. 45,500
Deputy II, prison (each)................................................................. 45,500
Chief fraud investigator................................................................. 33,300
Insurance investigator (each)....................................................... 27,700
(e) Office of advocate for customers of public utilities:
Consumers advocate.................................................................... $59,700
Staff counsel.................................................................................... 57,700
Rate specialist.................................................................................. 46,500
Accountant...................................................................................... 51,300
Administrative Assistant................................................................ 28,400
Assistant staff counsel................................................................... 45,700
Regulatory analyst......................................................................... 44,000
Engineer............................................................................................ 49,500
(f) Crime prevention:
Crime prevention coordinator...................................................... $27,400
7. Department of administration:
Director............................................................................................. $67,900
Deputy budget administrator........................................................ 55,200
Senior appeals officer.................................................................... 55,200
Appeals officer, hearings (each)................................................... 52,600
Chief assistant budget administrator.......................................... 46,700
Director, Clear Creek...................................................................... 30,700
Risk Manager.................................................................................. 52,600
8. Department of commerce:
Director............................................................................................. $62,900
Commissioner of insurance.......................................................... 52,900
Commissioner of financial institutions....................................... 52,900
Deputy commissioner of insurance............................................. 45,300
Deputy commissioner, financial institutions (each)................. 46,900
Certified public accountant, financial institutions.................... 40,700
Administer, housing division......................................................... 52,900
State fire marshal............................................................................ 50,200
Administrator, manufactured housing division......................... 42,100
Administrator, real estate division............................................... 42,100
Administrator, unclaimed property............................................. 41,700
Deputy commissioner of insurance (Carson City).................... 45,300
Deputy administrator, real estate division (Las Vegas)........... 34,800
Commissioner of consumer affairs............................................. 36,800
Deputy administrator, housing division...................................... 42,100
Chief assistant, housing division.................................................. 34,000
Chief accountant, housing division............................................. 42,100
Deputy director, commerce........................................................... 42,100
9. State department of conservation and natural resources:
Director............................................................................................. $61,300
κ1989 Statutes of Nevada, Page 1363 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Administrator, division of environmental protection............... 56,600
State engineer (division of water resources)............................... 56,600
State forester firewarden............................................................... 51,800
Administrator, division of state parks......................................... 45,900
Administrator, division of state lands......................................... 41,100
District supervisor, water commissioners, division of water resources ......................................................................................... 39,400
Executive director, Heil Wild Horse Bequest............................. 33,400
Director of Tahoe land acquisition.............................................. 39,000
10. Department of data processing:
Director............................................................................................. $58,600
Chief, systems and programming................................................ 53,700
Chief, planning division................................................................. 51,700
Chief, facility management.......................................................... 50,000
11. Department of education:
Superintendent of public instruction........................................... $66,800
Deputy superintendent of public instruction.............................. 56,600
Deputy superintendent for administration................................. 56,600
12. State gaming control board:
Chairman, gaming control board................................................. $78,400
Member, gaming control board (each)....................................... 72,900
Chief, investigation......................................................................... 54,500
Chief, enforcement......................................................................... 54,500
Chief, audit...................................................................................... 54,500
Chief, special investigation and intelligence.............................. 54,500
Chief, corporate securities............................................................. 54,500
Chief, tax and license..................................................................... 54,500
Chief, administration..................................................................... 54,500
Executive secretary, gaming commission.................................. 49,500
Manager, electronics lab................................................................ 51,600
Chief electronics.............................................................................. 54,500
Electronics engineer........................................................................ 51,600
Industrial production engineer...................................................... 51,600
Digital circuits engineer.................................................................. 51,600
Coordinator, applicant services.................................................... 48,100
Chief deputy, enforcement (each)............................................... 49,500
Chief deputy, audit (each)............................................................ 49,500
Chief deputy, investigations (each)............................................. 49,500
Senior programmer analyst........................................................... 39,700
Hearings officer............................................................................... 42,500
Supervisor, special investigations and intelligence.................... 44,000
Administrative coordinator........................................................... 44,000
Business manager........................................................................... 47,500
Systems programmer..................................................................... 42,500
Financial analyst, office services (each)..................................... 39,700
Supervisor, investigations (each).................................................. 44,000
κ1989 Statutes of Nevada, Page 1364 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Supervisor, enforcement................................................................ 44,000
Supervisor, audit (each)................................................................. 44,000
Supervisor, compliance review..................................................... 44,000
Management analyst, gaming commission (each)................... 42,500
Manager, systems and programming.......................................... 44,000
Securities analyst, gaming (each)................................................. 41,100
Management services officer....................................................... 47,500
Senior agent, investigation (each)................................................ 39,700
Senior agent, investigation and intelligence (each)................... 39,700
Training officer................................................................................ 39,700
Senior agent, audit (each).............................................................. 39,700
Senior agent, tax and license (each)............................................ 39,700
Electronics specialist (each).......................................................... 38,300
Senior agent, enforcement (each)................................................ 39,700
Senior agent, research.................................................................... 39,700
Intelligence analyst......................................................................... 39,700
Agent II, special investigations and intelligence (each)........... 35,400
Agent II, audit (each)..................................................................... 35,400
Agent II, investigations (each)...................................................... 35,400
Agent II, enforcement (each)....................................................... 35,400
Agent II, research............................................................................ 35,400
Agent II, tax and license (each)................................................... 35,400
Agent I, financial investigations (each)...................................... 31,200
Agent I, investigations (each)....................................................... 31,200
Agent I, enforcement (each)......................................................... 31,200
Electronics technician, enforcement (each)............................... 34,000
Agent I, audit (each)....................................................................... 31,200
Agent I, treasury regulations compliance (each)....................... 31,200
Agent I, tax and license (each)..................................................... 31,200
Agent I, special investigations and intelligence (each)............. 31,200
Legal researcher, gaming............................................................... 28,400
Statistician, gaming........................................................................ 26,900
Programmer analyst (each)........................................................... 36,900
Senior agent, labor organization.................................................. 39,700
Agent II, labor organization (each)............................................. 35,400
13. Department of general services:
Director............................................................................................. $58,000
Administrator, motor pool............................................................. 43,500
κ1989 Statutes of Nevada, Page 1365 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
14. Department of personnel:
Director............................................................................................. $54,200
15. Department of human resources:
Director............................................................................................. $70,900
Deputy director................................................................................ 55,200
Chief, health planning.................................................................... 55,200
Administrator, health division...................................................... 55,100
Medical program coordinator, Nevada mental health institute ........................................................................................ 106,700
Medical program coordinator, southern Nevada mental health services ........................................................................................ 106,700
Administrator, mental hygiene and mental retardation division ......................................................................................... 69,000
State welfare administrator........................................................... 61,900
Deputy administrator, mental hygiene and mental retardation division (each) ......................................................................................... 60,200
Administrator, rehabilitation division.......................................... 55,500
Chief, alcohol and drug abuse...................................................... 48,900
Chief, services to the blind............................................................ 48,900
Chief, vocational rehabilitation................................................... 48,900
Administrator, youth services division........................................ 51,600
Administrator, aging services division......................................... 49,000
Deputy administrator, aging services (Las Vegas).................... 44,400
Deputy administrator, aging services (Carson City)................. 44,400
Chief, elder rights............................................................................ 42,700
Superintendent, youth training center......................................... 50,500
Superintendent, girls training center............................................. 48,500
16. Department of industrial relations:
Director............................................................................................. $56,200
Assistant director............................................................................. 53,500
Attorney............................................................................................ 49,800
Administrator, division of industrial insurance regulation....... 51,800
Administrator, division of occupational safety and health.... 48,700
Administrator, division of mine inspection................................ 44,600
17. Office of the labor commissioner:
Labor commissioner....................................................................... $43,300
Deputy (Las Vegas)........................................................................ 28,500
Chief assistant................................................................................. 24,300
18. Department of the military:
Adjutant general............................................................................. $60,000
Director, division of emergency management........................... 42,100
19. Department of minerals:
Director............................................................................................. $58,500
κ1989 Statutes of Nevada, Page 1366 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Deputy director................................................................................ 45,300
Chief, Las Vegas office................................................................. 33,600
Program assistant............................................................................ 21,000
Administrator for dangerous mines............................................. 34,500
Administrator for regulation......................................................... 34,500
Field specialist.................................................................................. 31,500
20. Department of museums and history:
Director............................................................................................. $49,900
Assistant director............................................................................. 34,500
Director, Nevada state museum................................................... 38,900
Director, Nevada state museum, Las Vegas.............................. 45,000
Director, Nevada historical society.............................................. 45,000
Development coordinator............................................................. 42,500
Assistant administrator, railroad operations.............................. 38,900
21. State board of parole commissioners:
Chairman......................................................................................... $45,300
Parole board member (each)........................................................ 39,700
Secretary to parole board.............................................................. 32,500
22. Office of the state public defender:
State public defender..................................................................... $59,300
Supervising public defender (office)............................................ 54,700
Supervising public defender (trial)............................................... 52,600
Supervising public defender (appeals)........................................ 52,600
Deputy public defender (each)..................................................... 45,500
Deputy public defender (prison)................................................... 45,500
Investigator (each).......................................................................... 35,400
Deputy appellate............................................................................. 45,500
23. Public service commission of Nevada:
Chairman......................................................................................... $64,100
Public service commissioner (each)............................................. 59,800
Deputy commissioner.................................................................... 53,200
Senior auditor (each)...................................................................... 48,200
Financial analyst............................................................................. 49,100
Utility operations and rate specialist........................................... 51,600
Auditor (each).................................................................................. 44,000
Staff counsel.................................................................................... 59,300
Assistant staff counsel (each)....................................................... 52,600
Director, consumer affairs............................................................. 39,700
Public education and statistical analyst..................................... 40,200
Commissioner assistant (2 positions) each................................ 34,700
Commissioner assistant (3 positions) each................................ 34,000
Utility rate and tariff specialist (each)......................................... 39,200
Manager, engineering services...................................................... 54,700
Engineer, communications............................................................ 51,600
Engineer, water................................................................................ 49,100
κ1989 Statutes of Nevada, Page 1367 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Engineer, electric............................................................................. 51,600
Engineer, gas pipeline..................................................................... 49,100
Senior engineering analyst............................................................. 44,000
Manager, audit................................................................................ 55,400
Director regulatory operations...................................................... 58,800
Systems analyst.............................................................................. 46,700
Manager, rates and tariffs............................................................. 49,100
Hearings officer............................................................................... 44,000
Chief railroad inspector................................................................. 36,500
Chief transportation inspector (each)......................................... 44,600
Manager, transportation................................................................ 51,800
Specialist in transportation rates and tariffs.............................. 42,400
Senior analyst (each)...................................................................... 44,000
Manager, consumer affairs office (Las Vegas)......................... 36,900
Legal counsel................................................................................... 59,300
Secretary of policy.......................................................................... 53,200
Assistant legal counsel................................................................... 52,600
Economist........................................................................................ 52,700
Supervising economist................................................................... 53,200
Resource planning engineer.......................................................... 49,100
Assistant general counsel - transportation.................................. 52,600
Senior auditor - transportation..................................................... 48,400
Financial specialist.......................................................................... 49,100
Systems supervisor......................................................................... 49,100
Assistant secretary.......................................................................... 39,000
24. Department of taxation:
Executive director........................................................................... $60,700
Deputy executive director............................................................. 47,900
Deputy executive director............................................................. 51,000
Deputy executive director............................................................. 44,700
25. Commission on tourism:
Executive director........................................................................... $60,800
Director of marketing..................................................................... 49,900
Public information officer............................................................. 44,000
Business manager........................................................................... 40,800
Development specialist, tourism (each)...................................... 43,800
Development specialist, tourism (1/2 position)......................... 19,400
Editor publisher, Nevada Magazine............................................ 53,000
Associate editor............................................................................... 29,100
Managing editor, division of publications.................................. 35,200
Market and promotion manager, division of publications..... 29,100
Business manager, Nevada Magazine........................................ 40,300
Development specialist, Nevada Magazine (1/2 position)...... 19,400
Art director....................................................................................... 34,700
κ1989 Statutes of Nevada, Page 1368 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
26. Commission on economic development:
Executive director........................................................................... $60,800
Deputy director................................................................................ 49,900
Senior associate, industrial development (each)....................... 44,000
Supervisor, grant projects.............................................................. 42,000
Grant project analyst..................................................................... 33,600
Chief associate, small business.................................................... 36,800
Associate, small business (each).................................................. 33,600
Director, film.................................................................................... 49,900
Senior associate, film..................................................................... 44,000
Associate, film................................................................................. 38,700
27. High-level nuclear waste:
Director............................................................................................. $49,200
Chief, technical programs............................................................. 47,000
Chief of planning............................................................................ 44,500
Planner.............................................................................................. 39,600
Planner/researcher.......................................................................... 37,300
Technical coordinator.................................................................... 39,600
28. Office of advocate for insurance customers:
Advocate for insurance customers.............................................. $50,000
Rate specialist.................................................................................. 28,000
Insurance counsel........................................................................... 28,000
Administrative assistant................................................................ 21,000
29. Miscellaneous departments, commissions and other agencies:
Director, department of transportation....................................... $70,600
Deputy director, department of transportation......................... 67,800
Director, department of motor vehicles and public safety...... 62,800
Director, department of prisons.................................................... 73,200
Medical director, department of prisons..................................... 107,700
Mental health coordinator, department of prisons................... 106,700
Manager, state public works board............................................. 65,300
Executive director, employment security department............. 58,600
Director, Colorado River commission......................................... 63,700
Executive director, state department of agriculture................. 53,200
Administrator, veterinary medical services................................ 63,000
Director, plant industry program.................................................. 51,200
Chief parole and probation officer.............................................. 55,300
Deputy manager, state public works board............................... 55,500
Chief assistant, state public works board................................... 41,900
Director, department of wildlife................................................... 53,300
Deputy director, department of wildlife...................................... 51,100
κ1989 Statutes of Nevada, Page 1369 (CHAPTER 612, AB 960)κ
Approximate
Title or Position Annual
Salary
Commissioner, local government employee-management relations board ......................................................................................... 44,300
Executive director, state dairy commission............................... 46,700
Taxicab administrator................................................................... 43,500
Director, state job training office................................................. 43,100
Deputy director, department of motor vehicles and public safety ......................................................................................... 44,100
Drug program coordinator............................................................. 41,000
Director, office of community services....................................... 46,600
Executive director, equal rights commission.............................. 48,800
Deputy director, Colorado River commission........................... 46,500
Director, state occupational information coordinating committee ......................................................................................... 39,300
Chairman, committee to hire the handicapped........................ 41,000
Executive secretary, Nevada athletic commission................... 39,700
Executive director, Nevada Indian commission....................... 36,000
Executive director, council on the arts........................................ 37,500
Director, division of brand inspection......................................... 38,500
Nevada commissioner for veterans affairs................................ 32,500
Nevada deputy commissioner for veterans affairs (Las Vegas) ......................................................................................... 27,200
Secretary, local government employee-management relations board ......................................................................................... 22,500
Industrial attorney.......................................................................... 57,900
Deputy industrial attorney............................................................ 54,600
Deputy industrial attorney (2 positions) each............................ 52,600
Deputy industrial attorney (each)................................................ 45,500
Literacy coordinator, state library............................................... 31,900
Director, WICHE............................................................................. 40,500
Director, rural housing.................................................................... 40,000
Climatologist (1/4 position)........................................................... 10,500
30. Supreme court:
Supervisory staff attorney............................................................ $66,800
Deputy supervisory staff attorney............................................... 59,300
Chief clerk........................................................................................ 52,900
Chief deputy clerk.......................................................................... 38,400
Court administrator........................................................................ 57,800
Deputy court administrator........................................................... 45,600
Staff attorney III (each)................................................................ 43,500
Staff attorney IV (each)................................................................ 45,500
Law librarian.................................................................................... 49,100
Senior judicial clerk-attorney (each)........................................... 31,400
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 1370κ
Assembly Bill No. 961Committee on Ways and Means
CHAPTER 613
AN ACT relating to projects of capital improvement; making appropriations from the state general fund and the state highway fund; providing for the issuance of general obligation bonds of the state; authorizing certain expenditures by the state public works board; providing schedules of repayment for certain state agencies; levying a property tax to support the consolidated bond interest and redemption fund; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state public works board, the sum of $43,053,582 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1989-1990 and 1990-1991 or otherwise described as follows:
Description Project No. Amount
1. Advance Planning 89-1 $250,000
2. Structural Rehabilitation of State Library (Phase 1; Feasibility Study) 89-2 $35,500
3. Remodel Supreme Court Building (Design Only) 89-3 $64,500
4. Asbestos Abatement in State Owned Buildings 89-6 $3,444,640
5. Capital improvements for department of prisons:
Renovate Fire Alarm Control System, NSP and NNCC 89-9 $129,000
Renovate Fire Alarm System, SDCC 89-10 $68,800
Sewer and domestic water system improvements:
Prison Complex, Carson City 89-12A $1,298,952
Water system pressure control modifications, SDCC 89-13 $68,500
Electrical Modifications, NNCC 89-14 $702,000
Sewer System Waste Grinder, SNCC 89-17 $70,100
Convert locker room to infirmary, NWCC 89-18 $132,524
Additional area lighting along north perimeter and expansion of ISCC 89-19 $583,500
Construct food storage area in existing food warehouse, SDCC 89-20 $119,794
Modular housing unit, NNCC 89-47 $11,189,213 Description Project No.
κ1989 Statutes of Nevada, Page 1371 (CHAPTER 613, AB 961)κ
Description Project No. Amount
Tonopah Conservation Camp (72 Beds) 89-L1 $883,057
Multi-Purpose Building-Carlin Conservation Camp 89-L2 $170,000
Door and lock system, SNCC 89-L3 $741,000
Remodel showers/improve interior lighting, SNCC 89-L4 $492,477
Design of Regional Medical Facility 89-L8 $487,500
Fire Exits/retrofit, NSP 89-L10 $183,200
Replace footings-Wells and Ely Conservation Camp 89-L11 $172,200
6. Electrical and mechanical modifications, State Computer Facility 89-11 $469,500
7. Replace state water mains, Carson City (Joint Project with Carson City) 89-12B $600,000
8. Restore/refurbish Governors Mansion 89-15 $340,140
9. Capital improvements for the department of museums and history:
Air Condition Nevada State Museum, Carson City 89-16 $470,400
Railroad Museum Parking Lot, Carson City 89-L5 $147,000
Construction of Railroad and Museum, Henderson 89-L12 $900,000
10. Capital improvements for the University of Nevada System:
Campus improvements, UNLV 89-21 $3,500,000
Campus improvements, UNR 89-22 $4,500,000
Campus improvements, CCCC 89-23 $450,000
Campus improvements, TMCC 89-24 $400,000
Campus improvements, WNCC 89-25 $250,000
Campus improvements, NNCC 89-26 $250,000
Campus improvements, DRI 89-27 $650,000
Cultural Performing Arts Student Center, CCCC (Design) 89-59 $370,500
WNCC Phase II & LRC (Design) 89-68 $121,300
Technical Arts Building, NNCC (Design) 89-71 $152,600
UNR Journalism Building 89-77 $2,136,900
11. Capital improvements for the department of human resources:
12-person dual diagnosis unit, NNMRS 89-31 $1,477,981
12-person dual diagnosis unit, SNMRS 89-32 $1,642,119 Description Project No.
κ1989 Statutes of Nevada, Page 1372 (CHAPTER 613, AB 961)κ
Description Project No. Amount
Third floor addition to new psychiatric hospital, SNAMHS (Design) 89-52 $150,000
12. Tanker/dispatch facility, Douglas County Airport 89-28 $2,125,500
13. Combined support maintenance shop, National Guard, Carson City 89-40 $473,185
14. Complete construction of Reno Motor Pool Facility 89-L6 $208,000
Sec. 2. There is hereby appropriated from the state highway fund the sum of $1,556,200 for Project 89-33warehouse and storage facility for the department of motor vehicles and public safety in Carson City.
Sec. 3. With the approval of the interim finance committee, the state public works board may transfer money from one project to another within the same agency or within the University System for those projects listed in section 1 of this act.
Sec. 4. The state public works board is authorized to accept and use grants of money and the money of agencies in the following amounts to support construction of the following projects:
Description Project No. Amount
1. Combined support maintenance shop, Carson City 89-40 $4,611,693
2. UNR Journalism Building 89-77 $3,500,000
Sec. 5. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $93,846,000 for the following projects:
Description Project No. Amount
1. Capital improvements for the department of prisons:
Site work for the Lovelock Prison 89-30 $5,675,000
112-bed conservation camp 89-50 $3,450,000
2. Capital improvements for the University of Nevada System:
Southern Nevada Computer Center 89-37 $3,445,000
Phase V Addition-TMCC 89-42 $6,166,000
Southern Nevada Facility phase I, DRI 89-48 $5,891,000
Health Education Center, phase II, West Charleston, CCCC 89-49 $7,873,000 Description Project No.
κ1989 Statutes of Nevada, Page 1373 (CHAPTER 613, AB 961)κ
Description Project No. Amount
Engineering Lab-UNR 89-51 $9,812,000
Clark County Community College, phase II Henderson Campus 89-64 $3,975,000
3. Demolition of Nye Building 89-38A $817,000
4. Supreme Court Building and Garage 89-38B $26,159,000
5. State Library, Carson City 89-39 $20,283,000
6. Acquisition, excavation and renovation of the Mormon Fort in Las Vegas 89-L13 $300,000
Sec. 6. The state controller may advance temporarily from the state general fund to the state public works board, until the date on which bonds authorized by section 5 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 5. The state controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.
Sec. 7. There is hereby appropriated from the state general fund to the interim finance committee the sum of $503,094 for the design of a forensic center in southern Nevada (Project 89-29). This money may be allocated by the interim finance committee once a suitable site for the facility has been determined.
Sec. 8. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $8,946,000 for the construction of a forensic center in southern Nevada (Project 89-29). These bonds must not be issued until the interim finance committee approves the site and the design of the facility.
Sec. 9. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $12,971,000 for the design, construction and furnishing of a 144-bed womens prison, phase I (Project 89-44). These bonds must not be issued until the interim finance committee approves the site of the facility.
Sec. 10. There is hereby appropriated from the state general fund to the University of Nevada, Reno, the sum of $250,000 to complete the construction of the speech pathology and audiology building.
Sec. 11. There is hereby appropriated from the state general fund to the Northern Nevada Child and Adolescent Services, the sum of $7,000 to replace the patio and refinish the facia at that facility.
Sec. 12. Any remaining balance of the appropriations made by sections 10 and 11 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. 13. The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.
κ1989 Statutes of Nevada, Page 1374 (CHAPTER 613, AB 961)κ
Sec. 14. Commencing July 1, 1990, the motor pool division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of constructing the new facility for the motor pool in Reno, Nevada (Project 89-L6). Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 15. Commencing July 1, 1990, the department of data processing shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of the electrical and mechanical modifications for the state computer facility in Carson City, Nevada (Project 89-11). Each installment must be equal to 10 percent of the total cost of the completed project.
Sec. 16. Section 2 of chapter 509, Statutes of Nevada 1985, as amended by chapter 323, Statutes of Nevada 1987, at page 742, is hereby amended to read as follows:
Sec. 2. 1. The $1,035,047 which is appropriated but not assigned to a specific project by section 1 of this act may be used for any of the projects listed in that section within the limits of the permissible expenditures.
2. With the approval of the interim finance committee, the state public works board may transfer money from one project to another within the same state agency or within the University of Nevada System.
3. The state public works board may transfer any money, not to exceed a total amount of $135,700, saved from the amounts appropriated for the projects described in section 1 of this act as Projects 85-25, 85-28, 85-31, 85-34, 85-36, 85-37, 85-44, 85-46, 85-52 and 85-60, and from the amount appropriated in that section for the remodeling at Stewart, to Project 85-30, a motor pool at Carson City.
4. Of the amount appropriated but not assigned specifically to projects, $32,600 must be used for Project 85-64 (Remodel Superintendents House, NYTC) to cover additional construction costs.
Sec. 17. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the state public works board to expedite the completion.
Sec. 18. 1. A tax ad valorem of 10.1 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1989, and ending June 30, 1990, and a tax ad valorem of 11.8 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1990, and ending June 30, 1991. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.
2. The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.
Sec. 19. 1. On or before July 1, 1989, and July 1, 1990, the state controller shall estimate the amount of proceeds of the tax levied by section 18 of this act.
κ1989 Statutes of Nevada, Page 1375 (CHAPTER 613, AB 961)κ
this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The state controller may revise the estimate and amount reserved.
2. If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the state controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection 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.
3. The state controller shall report to the legislature, or, if the legislature is not in session, to the interim finance committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;
(b) The amount of money transferred from the state general fund pursuant to subsection 2; and
(c) The amount of money which reverts to the state general fund pursuant to subsection 2.
Sec. 20. This act becomes effective on June 30, 1989.
________
Assembly Bill No. 962Committee on Ways and Means
CHAPTER 614
AN ACT relating to the University of Nevada; authorizing the construction of a health sciences building at the campus of the University of Nevada, Las Vegas; authorizing the issuance of general obligation bonds of the state to pay the cost of the project; pledging certain revenues as additional security for such bonds; and providing other matters properly relating thereto.
[Approved June 30, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
κ1989 Statutes of Nevada, Page 1376 (CHAPTER 614, AB 962)κ
ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251 , [and on] the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987 [.] , and the bonds authorized to be issued by section 2 of this act. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.