[Rev. 2/12/2019 1:16:28 PM]
κ1989 Statutes of Nevada, Page 1377 (CHAPTER 614, AB 962)κ
6. After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 2. On or after August 30, 1989, the board of regents shall issue general obligation bonds of the State of Nevada to provide money necessary to accomplish the purposes of this act, but not more than $10,763,000 in face amount. The bonds may be issued at one time or from time to time.
2. The board of regents, on behalf and in the name of the State of Nevada, may, consistent with the provisions of the State Securities Law, finance the construction, acquisition and improvement of a health sciences building on the campus of the University of Nevada, Las Vegas, and other facilities required and desired by the university therefor, including equipment, furnishings and appurtenances thereto by the issuing of general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $10,763,000.
3. The board of regents is authorized to acquire and construct the project designated in subsection 2 and to issue state securities to finance the costs of that project in a total principal amount not to exceed $10,763,000.
4. If bonds or other securities are issued pursuant to this act, the faith of the state is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and credited to the capital construction fund for higher education and the special capital construction fund for higher education pursuant to subsection 5 of this section will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.
5. Subject to the limitations as to maximum principal amount set forth in subsections 1, 2 and 3, the board of regents may issue to defray the cost of the project designated in subsection 2, or any part of the project, at any time or from time to time general obligation securities of the state, which are payable from ad valorem taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor.
κ1989 Statutes of Nevada, Page 1378 (CHAPTER 614, AB 962)κ
interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the special capital construction fund for higher education and the capital construction fund for the higher education, and those securities must be paid from the revenues in either or both of those accounts as the interest on, any prior premiums of redemption due in connection with, and the principal of the securities become due.
6. As provided by subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on the project must be accounted for in an account or accounts for defraying, and must be used to defray, the cost of the project, or accounted for in a reserve account, or reserve accounts therefor, until sufficient money has been encumbered to assure the completion of the project.
7. Any securities issued pursuant to this section may be issued in such a manner at, above, or below par, without limitation as to interest rate, effective interest rate, or any discount, and may be sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.
8. This section does not prevent the board of regents from funding, refunding, or reissuing any outstanding general obligation securities of the state issued by the board of regents on behalf of the state for the benefit of the University of Nevada System, and payable from ad valorem taxes, which payment is additionally secured by a pledge of proceeds of excise tax credited to those two capital accounts, at any time as provided in the State Securities Law.
9. Any securities issued pursuant to this section must be executed as provided in the State Securities Law in accordance with NRS 349.282 and must be countersigned by the chairman of the board of regents and the chancellor and treasurer of the University of Nevada in accordance with NRS 349.284.
Sec. 3. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by, any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
Sec. 4. The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.
Sec. 5. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
κ1989 Statutes of Nevada, Page 1379 (CHAPTER 614, AB 962)κ
invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 6. This act becomes effective at 12:01 a.m. on July 1, 1989.
________
Assembly Bill No. 142Assemblymen Callister, Jeffrey, Porter, Price, Spinello, Sedway, Sader, Thompson, Adler, Kissam, Lambert, Arberry, McGinness, Triggs, Wendell Williams, Garner, Swain, Myrna Williams, Schofield, Gaston and Carpenter
CHAPTER 615
AN ACT relating to trade regulations; creating the state board of telephone sales communications; requiring a person engaged in the business of telephone sales solicitations to obtain a license from the consumer affairs division of the department of commerce; requiring the disclosure of certain information to a prospective purchaser; providing penalties; making an appropriation; 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. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. used in this chapter, unless the context otherwise requires:
1. Board means the state board of telephone sales communications.
2. Commissioner means the commissioner of consumer affairs.
3. Division means the consumer affairs division of the department of commerce.
4. Premium includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
5. Salesman means any person employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone.
6. Seller means any person who, on his own behalf, causes or attempts to cause a telephone solicitation, including one made after a potential customer has responded to a solicitation sent by mail, to be made through the use of one or more salesmen or any automated dialing announcing device. The term does not include any person who is exempt from the provisions of this chapter pursuant to section 3 of this act.
Sec. 3. 1. The provisions of this chapter do not apply to:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.
(c) A licensed insurance broker, agent or solicitor when soliciting sales within the scope of his license.
κ1989 Statutes of Nevada, Page 1380 (CHAPTER 615, AB 142)κ
(d) The solicitation of sales of a newspaper or magazine of general circulation, or to any solicitation of sales made on behalf of a broadcaster licensed by any state or federal authority.
(e) The solicitation of sales by a nonprofit organization if no part of the net earnings from the sales inures to the benefit of any private shareholder or other person.
(f) The solicitation of sales by a public utility or motor carrier which is regulated pursuant to chapter 704, 706 or 710 of NRS, or by an affiliate of such a utility or motor carrier.
(g) Any publicly traded corporation registered with the Securities and Exchange Commission, or any subsidiary of such a corporation.
(h) The sale or purchase, or solicitation or representation of books, recordings, video cassettes or similar items through an organization whose method of sales is governed by the regulations of the Federal Trade Commission relating to the use of negative option plans by sellers in commerce.
(i) The solicitation of sales by a person who periodically publishes and delivers a catalog of the sellers merchandise to prospective purchasers, if the catalog:
(1) Contains a written description and illustration of each item offered for sale;
(2) Includes the business address of the seller;
(3) Includes at least 100 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
(j) The solicitation of sales by a person, or by any agent of that person, who does not intend to complete, and does not complete, the sales transaction by telephone.
(k) The solicitation by any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States.
(l) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
(m) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.
(n) The solicitation by a person soliciting the sale of services provided by a community antenna television company holding a franchise issued pursuant to chapter 711 of NRS.
(o) The solicitation by a person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100. As used in this subsection, agricultural products has the meaning ascribed to it in NRS 587.290.
(p) The solicitation by an issuer or subsidiary of an issuer relating to a class of securities subject to the provisions of section 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 78 l) and which is registered or exempt from registration under subparagraph (A), (B), (C), (E), (F), (G) or (H) of paragraph (2) of subsection (g) of that section.
κ1989 Statutes of Nevada, Page 1381 (CHAPTER 615, AB 142)κ
(q) The solicitation by a person soliciting only the sale of telephone answering services to be provided by the person or his employer.
(r) The solicitation by a person relating to a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1, et seq.); and
(2) The registration or license has not expired or been suspended or revoked.
(s) The solicitation of contracts for the maintenance or repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
(t) A person to whom a nonrestricted gaming license has been issued pursuant to chapter 463 of NRS.
(u) The solicitation of a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
(v) The solicitation by a person soliciting the sale of livestock.
2. The exemptions provided by subsection 1 may be asserted as affirmative defenses in any judicial or administrative proceeding commenced pursuant to this chapter.
Sec. 3.5. 1. The state board of telephone sales communications, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint to the board:
(a) One member who is a representative of a law enforcement agency in a county whose population is 400,000 or more;
(b) One member who is a representative of a law enforcement agency in a county whose population is 100,000 or more but less than 400,000;
(c) One member who is a representative of an agency of local government responsible for regulating the business of telephone sales solicitations; and
(d) Two members who are representatives of the general public.
3. After the initial terms, each member of the board serves a term of 4 years.
4. The governor shall designate the chairman of the board from among its members.
5. The board shall meet regularly at least quarterly and may meet at other times upon the call of the chairman. Each member of the board is entitled to a salary of $80 per day while engaged in the business of the board, together with the per diem allowance and travel expenses provided for state officers and employees generally.
6. The board shall adopt regulations for the conduct of its business.
Sec. 4. 1. The provisions of this chapter must be administered by the division under the supervision of the director of the department of commerce.
2. The commissioner may, with the approval of the board, adopt:
κ1989 Statutes of Nevada, Page 1382 (CHAPTER 615, AB 142)κ
(a) Regulations providing for the licensing and discipline of sellers and salesmen and establishing standards of conduct for licensees; and
(b) Such other regulations as are necessary to carry out the provisions of this chapter.
3. The fees collected pursuant to sections 2 to 21, inclusive, of this act must be deposited with the state treasurer for credit to the appropriate account of the division and must be used to defray the costs of administering those provisions.
Sec. 4.5. 1. The division may employ investigators, consultants, clerical personnel and such other persons as are necessary to the discharge of its duties.
2. The attorney general shall provide opinions for the division and the board on all questions of law relating to the construction, interpretation or administration of this chapter.
3. Except as otherwise provided in section 20 of this act, the attorney general shall represent the division in any action or proceeding brought by or against the division pursuant to any of the provisions of this chapter or of the regulations adopted pursuant to this chapter.
Sec. 5. It is unlawful for any person to act as a seller or salesman in this state without a license issued and in force under the provisions of this chapter. For the purposes of this section, a person acts as a seller or salesman in this state if he solicits or causes to be solicited a sale of goods or services from a location in this state to a purchaser in this state or outside this state.
Sec. 6. 1. An applicant for a license as a seller must submit to the division, in such form as it prescribes, a written application for the license. The application must:
(a) Set forth the name of the applicant, including each name under which he intends to do business;
(b) Set forth the name of any parent or affiliated entity that:
(1) Will engage in a business transaction with the purchaser relating to any sale solicited by the applicant; or
(2) Accepts responsibility for any statement or act of the applicant relating to any solicited by the applicant;
(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;
(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;
(e) Set forth the name and address of each:
(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;
(2) Person responsible for a location from which the applicant will do business; and
(3) Salesman to be employed by the applicant; and
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the applicant will require a salesman to use when soliciting or, if no such document is used, a statement to that effect;
κ1989 Statutes of Nevada, Page 1383 (CHAPTER 615, AB 142)κ
(2) Sales information or literature to be provided by the applicant to a salesman, or of which the applicant will inform the salesman; and
(3) Sales information or literature to be provided by the applicant to a purchaser in connection with any solicitation.
2. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:
(a) In the case of a partnership, provide a copy of any written partnership agreement; or
(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
3. An application filed pursuant to this section must be verified and accompanied by:
(a) A bond, letter of credit or certificate of deposit satisfying the requirements of section 6.5 of this act;
(b) A fee for licensing in the amount of $5,000; and
(c) If subsection 4 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection.
4. If an applicant intends to do business under any assumed or fictitious name, he must, for each such name:
(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of section 6.5 of this act; and
(b) Pay an additional fee for licensing in the amount of $5,000.
Sec. 6.5. 1. An application filed pursuant to section 6 of this act must be accompanied by:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or
(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the applicant.
2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned upon compliance by the applicant with the provisions of this chapter.
3. Any person who is injured by the bankruptcy of the applicant or his breach of any agreement entered into in his capacity as a licensee may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
4. The liability of the surety on a bond provided pursuant to this section does not exceed the amount of the bond, regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division. The division shall distribute the money to claimants entitled to restitution, and the surety is thereby relieved of all liability under the bond.
κ1989 Statutes of Nevada, Page 1384 (CHAPTER 615, AB 142)κ
Sec. 7. 1. With respect to any person identified pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 1 of section 6 of this act, an applicant for a license as a seller must state in his application the identity of any person who:
(a) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion or misappropriation of property;
(b) Has had entered against him a final judgment or order, including a stipulated judgment or order, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion or misappropriation of property, the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property, or the use of any unfair, unlawful or deceptive trade practice;
(c) Is subject to any currently effective injunction or restrictive court order relating to a business activity as the result of any action brought by a federal, state or local agency, including any action affecting any license to do business or practice an occupation or trade;
(d) Has at any time during the previous 7 years filed in bankruptcy, been adjudged bankrupt or been reorganized because of insolvency; or
(e) Has been a principal, director, officer or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture or other entity that filed in bankruptcy, was adjudged bankrupt or was reorganized because of insolvency within 1 year after the person held that position.
2. For any person described in subsection 1, the applicant must:
(a) Identify the court or administrative agency rendering the conviction, judgment or order against the person;
(b) Provide the docket number of the matter, the date of the conviction, judgment or order and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment or order; and
(c) For any person described in paragraph (e) of that subsection, provide the name and address of the person filing in bankruptcy, adjudged bankrupt or reorganized because of insolvency, the date of the action, the court which exercised jurisdiction and the docket number of the matter.
Sec. 8. 1. An applicant for a license as a salesman must submit to the division, in such form as it prescribes, a written application for the license. The application must set forth the following information:
(a) The name, age and address of the applicant.
(b) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.
(c) The previous experience of the applicant as a salesman.
(d) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.
(e) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.
κ1989 Statutes of Nevada, Page 1385 (CHAPTER 615, AB 142)κ
(f) Whether the applicant has previously been convicted of acting as a salesman without a license, or whether such a license has previously been refused, revoked or suspended in any jurisdiction.
2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:
(a) A verified statement of the seller with whom the salesman will be associated, expressing the intention of the seller to associate the salesman with him and to be responsible for the activities of the salesman as a licensee; and
(b) A fee for licensing in the amount of $100.
The fee for licensing may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesman.
Sec. 9. 1. The division shall issue to each licensee a license in such form and size as is prescribed by the division and, in the case of a seller, shall issue a license for each location at which the seller proposes to do business. Each license must show the name and address of the licensee and, in the case of a salesmans license, must set forth the name of the seller with whom the salesman will be associated.
2. Each licensee shall prominently display his license at the location where he does business.
Sec. 10. 1. Each person licensed under the provisions of this chapter must renew his license annually by paying the fee for licensing and submitting to the division the application required by section 6 or 8 of this act, whichever applies.
2. Except as otherwise provided in section 12 of this act, if any material change in the information submitted for licensing occurs before the date for renewal, a licensee shall submit that information to the division in the manner prescribed by regulation of the commissioner.
Sec. 11. 1. No salesman may be associated with or employed by more than one seller at the same time.
2. A seller shall cooperate fully with the commissioner in any investigation made by him concerning an alleged violation of the provisions of this chapter by a salesman.
Sec. 12. If any change is made to any script, outline, presentation, sales information or literature used by a licensee in connection with any solicitation, the new or revised material must be submitted by the licensee to the division.
Sec. 13. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a sale, a salesman shall:
1. Identify himself by stating his true name; and
2. Identify the seller by whom he is employed.
Sec. 14. If a seller expressly or impliedly represents to any prospective purchaser, directly or through a salesman, that the purchaser is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:
1. Submit to the division a statement setting forth, for each item mentioned:
(a) A description of the item.
(b) The value or worth of the item and the basis for the valuation.
κ1989 Statutes of Nevada, Page 1386 (CHAPTER 615, AB 142)κ
(c) All terms and conditions a purchaser must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to purchasers pursuant to subsection 3.
(d) If they are ascertainable, the odds, for a given purchaser, of receiving the item.
(e) If a purchaser is to receive fewer than all the items described by the seller:
(1) The manner in which the seller decides which item a given purchaser is to receive.
(2) If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
(3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
2. Provide the following information to the purchaser at the time of the solicitation:
(a) The complete address of the location and the telephone number from which the purchaser is being called and, if different, the complete address of the principal location at which the seller does business.
(b) The information required by paragraphs (a) and (c) of subsection 1.
(c) If the seller elects to inform the purchaser of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.
(d) If the purchaser is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (f) of subsection 1.
3. Advise the purchaser, at the time of the solicitation, that he may obtain, without cost, a written statement of the terms and conditions he must satisfy in order to receive the item. If the purchaser so requests, the seller shall send him such a statement, by mail, without cost to the purchaser.
Sec. 15. 1. Except as otherwise provided in subsection 2, a person who purchases goods or services pursuant to a solicitation governed by this chapter must be given a refund, credit or replacement, at his option, if:
(a) The goods or services are defective, are not as represented or if any item described pursuant to section 14 of this act is not received as promised; and
(b) He returns the goods or makes a written request for the refund, credit or replacement within 30 days after he receives:
(1) The goods or services; or
(2) Any item described pursuant to section 14 of this act,
whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.
2. If a purchaser of goods returns only a portion of the goods, the refund, credit or replacement required by subsection 1 may be prorated accordingly.
κ1989 Statutes of Nevada, Page 1387 (CHAPTER 615, AB 142)κ
3. The refund, credit or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.
4. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, the seller shall provide the purchaser with a written summary of the provisions of this section. The summary must:
(a) Be made in a form prescribed by the division.
(b) Include the address to which returned goods or a request for refund may be sent.
(c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of section 14 of this act, if the provisions of that section apply.
(d) If the provisions of paragraph (c) of subsection 2 of section 14 of this act apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.
Sec. 16. 1. A salesman or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this subsection prohibits the disclosure of this information to:
(a) Any person employed by or associated with the seller;
(b) The commissioner or any employee of the division; or
(c) Any law enforcement officer or agency that requires the information for investigative purposes.
2. In addition to any other power granted under this chapter and subject to the requirements of notice and hearing contained in section 17 of this act, the commissioner may impose a civil penalty of not more than $5,000 for a single violation, or $25,000 for multiple violations, against any person who violates any provision of subsection 1.
Sec. 17. 1. Except as otherwise provided in subsection 4, the commissioner may, after a hearing:
(a) Refuse to issue a license if he determines that the applicant has:
(1) Been convicted of any offense involving the offer, purchase or sale of securities or commodities, racketeering, fraud, theft, embezzlement, fraudulent conversion of property, perjury, false statements or misappropriation of property;
(2) Committed any act which, if committed by a licensee, would be a ground for the suspension or revocation of his license; or
(3) Knowingly made any false statement in his application for the license.
(b) Suspend or revoke a license if he determines that the licensee has:
(1) Been convicted of any offense of a kind described in subparagraph (1) of paragraph (a);
κ1989 Statutes of Nevada, Page 1388 (CHAPTER 615, AB 142)κ
(2) Violated any provision of this chapter or any regulation adopted pursuant to this chapter, including any provision requiring the payment of a fee to the division; or
(3) Knowingly made any false statement in his application for the issuance, renewal or reinstatement of the license.
2. The division shall notify the applicant or licensee not less than 10 days before the date set for the hearing to appear and show cause why his application should not be denied or his license revoked or suspended.
3. If, upon hearing, the commissioner or a person he designates is satisfied that any of the grounds set forth in subsection 1 is established, or if the licensee fails to appear and show cause, the commissioner may deny the application or revoke or suspend the license.
4. If a licensee has previously been determined by the division or any court of competent jurisdiction to have violated any provision of this chapter, or of any regulation adopted pursuant to this chapter, and the commissioner has reasonable grounds to believe that another violation has occurred, by reason of which the licensee represents an immediate and substantial danger to the public, the commissioner may suspend the license of the licensee forthwith, without prior notice or opportunity to be heard.
5. Except as otherwise provided in this subsection, if a license is suspended as provided in subsection 4, the commissioner shall cause immediate notice of the suspension to be given to the licensee and shall schedule a hearing on the matter for a date no later than 7 days after the date of the suspension. The commissioner may, upon the request or with the consent of the licensee, continue any such hearing to a later date.
6. The commissioner or a person he designates may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions as provided by the Nevada Rules of Civil Procedure in connection with any hearing.
Sec. 17.3. 1. Any person aggrieved by the imposition of a civil penalty pursuant to this chapter, by the denial of his application for a license, or by the revocation or suspension of his license may appeal to the board by filing a notice of appeal with the division not later than 30 days after he receives written notice of the penalty, denial, revocation or suspension. The filing of a notice of appeal operates to stay:
(a) The imposition of any penalty; or
(b) Except for any summary order of suspension entered pursuant to subsection 4 of section 17 of this act, any revocation or suspension of a license ordered pursuant to that section.
2. The board may affirm, modify or reverse the imposition of the penalty or the denial, revocation or suspension of the license solely on the basis of the evidence previously submitted or on the basis of such additional evidence as it directs to be taken.
3. The board shall make written findings in support of its decision and shall cause a copy of the findings to be served upon each party to the appeal. The decision of the board is a final decision in a contested case.
Sec. 17.5. The commissioner may, in accordance with the regulations of the board, refer to the board for review any matter that is not otherwise subject to appeal pursuant to section 17.3 of this act.
κ1989 Statutes of Nevada, Page 1389 (CHAPTER 615, AB 142)κ
subject to appeal pursuant to section 17.3 of this act. If the matter relates to a contested case, the decision of the board in the matter is a final decision in a contested case.
Sec. 18. 1. Except as otherwise provided in subsection 2, if the application of a person for a license is denied or if his license is revoked, he may not submit another application for licensing within 180 days after the denial or revocation.
2. If a license is revoked for a third or subsequent violation of any provision of this chapter, or of any regulation adopted pursuant to this chapter, the revocation is permanent unless the order of revocation otherwise provides, and the former licensee is forever barred from submitting another application for licensing.
Sec. 19. Every licensee, other than a licensee incorporated in this state, shall file with the secretary of state an irrevocable consent appointing the secretary of state as his agent to receive service of any lawful process in any action or proceeding against him arising pursuant to this chapter. Any lawful process against the licensee served upon the secretary of state as provided in subsection 3 of NRS 80.240 is of the same force and validity as if served upon the licensee personally.
Sec. 20. 1. Any person who violates any provision of section 5 of this act shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, by a fine of not more than $25,000, or by both fine and imprisonment. Any property or proceeds attributable to the violation are subject to forfeiture in the manner provided by NRS 179.1156 to 179.119, inclusive.
2. Any salesman who solicits a prospective purchaser on behalf of a seller who is not licensed pursuant to this chapter is guilty of a misdemeanor.
3. The division may prefer a complaint pursuant to this section before any court of competent jurisdiction.
4. Except as otherwise provided in this subsection, the district attorney of each county shall prosecute any proceeding commenced pursuant to this section in the county where the violation occurs. Upon the request of the commissioner, the attorney general shall prosecute any such proceeding in lieu of the district attorney.
Sec. 21. The remedies, duties and prohibitions of this chapter are not exclusive and are in addition to any other remedies provided by law.
Sec. 22. (Deleted by amendment.)
Sec. 23. NRS 232.250 is hereby amended to read as follows:
232.250 The director:
1. Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, other than that of the state fire marshal and the administrator of unclaimed property, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and make the appointments after consultation with and concurrence of the organizations. The director shall consult the state fire marshals advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.
κ1989 Statutes of Nevada, Page 1390 (CHAPTER 615, AB 142)κ
the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.
2. Is responsible for the administration through the divisions of the department of the provisions of Titles 55, 56 and 57, of NRS, sections 2 to 21, inclusive, of this act, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department.
3. May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to NRS 81.350 to 81.400, inclusive, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.
4. For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
Sec. 24. 1. There is hereby appropriated from the state general fund to the consumer affairs division of the department of commerce the sum of $105,000 for the expenses initially incurred by the division in administering the provisions of this chapter.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1990, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 25. As soon as practicable after July 1, 1989, the governor shall appoint to the state board of telephone sales communications:
1. One person to a term that expires on June 30, 1991.
2. Two persons to terms that expire on June 30,1992.
3. Two persons to terms that expire on June 30, 1993.
Sec. 26. 1. This section and sections 3.5, 4, 4.5, 24 and 25 become effective on July 1, 1989.
2. The remaining sections of this act become effective October 1, 1989.
________
κ1989 Statutes of Nevada, Page 1391κ
Assembly Bill No. 845Assemblymen Callister, Porter, Sedway, Thompson, Arberry, Wendell Williams, Triggs, Humke, McGaughey, Diamond, DuBois, Jeffrey, Chowning, Banner, Schofield, Myrna Williams, Wisdom, Garner, Swain, Evans, Sheerin, Carpenter, Gaston, Regan, Kerns, Nevin, Bergevin, Freeman, McGinness, Kissam, Spinello, Bogaert, Gibbons, Brookman, Adler and Lambert
CHAPTER 616
AN ACT relating to gaming; providing for the establishment of gaming enterprise districts in certain counties; 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. The legislature hereby finds and declares that:
(a) The gaming industry is vitally important to the economy of Nevada and the general welfare of the residents of Nevada.
(b) The gaming industry, directly and indirectly, accounts for a substantial portion of Nevadas employment and tax revenue.
(c) The continued growth and success of gaming is an important force in the expansion and stability of the Nevada economy.
(d) The issuance of a nonrestricted license to an establishment that is not equal in standards to existing establishments diminishes the attraction of the gaming industry to visitors and investors.
(e) The issuance of a nonrestricted license to an establishment that, because of its location, unduly impacts the neighborhood, flow of traffic, public services and use of natural resources, diminishes the quality of life of Nevadas residents.
2. The legislature hereby declares that the purposes of this act are to:
(a) Assist the gaming industry in fostering the stability and success of gaming; and
(b) Assist the people of Nevada in achieving and protecting a high quality of life,
by allowing a local government in a county whose population is 400,000 or more to create districts suitable for operating an establishment that has been issued a nonrestricted license.
Sec. 2. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. Gaming enterprise district means an area that has been approved by a county, city or town as suitable for operating an establishment that has been issued a nonrestricted license.
Sec. 4. The commission shall not approve a nonrestricted license for an establishment in a county whose population is 400,000 or more unless the establishment is located in a gaming enterprise district.
Sec. 5. 1. In a county whose population is 400,000 or more, any person proposing to operate an establishment not located in a gaming enterprise district may petition the county, city or town having jurisdiction over the location of the proposed establishment to have the location designated a gaming enterprise district.
κ1989 Statutes of Nevada, Page 1392 (CHAPTER 616, AB 845)κ
location of the proposed establishment to have the location designated a gaming enterprise district.
2. The petition must not be granted unless the petitioner demonstrates that:
(a) The roads, water, sanitation, utilities and related services to the location are adequate;
(b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize employment and the local economy;
(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive; and
(e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area.
3. Any interested person is entitled to be heard at the hearing held to consider a petition submitted pursuant to this section.
4. A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
Sec. 6. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, [unless the context otherwise requires,] and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 7. The provisions of this act do not apply to:
1. An establishment operating under a nonrestricted license on January 1, 1990.
2. The issuance of a nonrestricted license for the operation of slot machines as regulated by local ordinance.
3. Property which is located within an area planned or zoned for resort and gaming purposes pursuant to NRS 278.010 to 278.630, inclusive, or approved by the governing body of the city or county for planning or zoning for resort and gaming purposes before January 1, 1990.
Sec. 8. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1393κ
Assembly Bill No. 900Assemblymen Marvel, Sader, Sheerin, Dini, Adler, Bergevin, Swain, Kerns and Gibbons
CHAPTER 617
AN ACT relating to water meters; eliminating restrictions on the use of water meters for residential water users upon certain conditions; and providing other matters properly relating thereto.
[Approved June 30, 1989]
whereas, The right to the waters and flows of the Truckee River are subject to existing and prospective lawsuits involving numerous parties in Nevada, including the Pyramid Lake Paiute Tribe, major agricultural interests, water districts, and the cities of Reno and Sparks; and
whereas, Although some of these lawsuits have resulted in decisions by the Ninth Circuit Court of Appeals and the United States Supreme Court, such decisions have not yet resolved all controversies among the parties; and
whereas, Unless pending litigation is settled, there will continue to be proceedings in the courts; and
whereas, These lawsuits not only will be expensive and time consuming for all participants, but also could have profoundly adverse effects upon all the parties and the economies of Northern Nevada; and
whereas, The parties to the lawsuits have diligently attempted to reach a settlement of these claims affecting the Truckee River, Pyramid Lake and its fish resources, and Stampede Reservoir; and
whereas, The preliminary settlement agreement between the Pyramid Lake Paiute Tribe and the Sierra Pacific Power Company contains a precondition that must be met before it takes effect, requiring the purchase and installation of water meters for existing unmetered residences in most of the Truckee Meadows; and
whereas, It is in the long-term interest of the State of Nevada and its political subdivisions that the State of Nevada provide a stimulus for and assist in the implementation of a permanent settlement of such litigation; and
whereas, To the extent a settlement is facilitated by this act, that settlement will:
1. Permit expensive and lengthy litigation to be resolved by mutual agreement of the parties and in a manner that accommodates, to the extent possible, the needs of all parties;
2. Enhance the Lahontan cutthroat trout and the cui-ui fisheries and their habitat;
3. Assist the economic development of the Pyramid Lake Paiute Tribe; and
4. Provide municipal and industrial water for drought protection for the cities of Reno and Sparks and Washoe County;
now, therefore, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
κ1989 Statutes of Nevada, Page 1394 (CHAPTER 617, AB 900)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.230 is hereby amended to read as follows:
704.230 1. [Except as otherwise provided in this section or in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical water meters or similar mechanical device, to measure the quantity of water delivered to residential water users.
2. A public utility which furnishes water shall file with the commission a schedule establishing a separate individual and joint rate or charge for residential users who have installed water meters or similar devices to measure the consumption of water.
3. A water meter or similar device may be installed to measure the consumption of water by a residential customer:
(a) With the consent of the customer; and
(b) To obtain information concerning a representative sample of residential customers to determine what benefits, if any, would be derived from the installation and use of water meters for residential customers generally.
Unless the residential customer has agreed, in writing, to pay the separate rate, the public utility shall charge the residential customer for whom such a meter is installed the same amount for water used as if no meter had been installed.
4. A water meter or similar device may be installed to measure the quantity of water delivered and determine the charge to residential users of water if:
(a) The owner or the property on which it is installed consents in writing to the installation, operation and use of the device; and
(b) The written consent is recorded with the county recorder of the county in which the property is located.
The written consent binds any successor in interest to that property to the provisions thereof.
5.] Every newly constructed residential building which is occupied for the first time after July 1, 1988, must be equipped with a water meter.
[6. This section does]
2. Subsection 1 does not apply to cities and town owning and operating municipal waterworks, or to cities and towns located in [counties having a population of 250,000] a county whose population is 400,000 or more.
Sec. 2. Water saved by the installation of water meters pursuant to the settlement agreement described in subsection 1 of section 3 of this act must be stored for municipal and industrial use in the Truckee Meadows and surrounding areas during drought periods, unless Sierra Pacific Power Company municipal and industrial drought reserves are full at the then-available capacity.
Sec. 3. This act becomes effective when all of the following conditions have been met:
κ1989 Statutes of Nevada, Page 1395 (CHAPTER 617, AB 900)κ
1. A preliminary settlement agreement is entered into and all conditions precedent to its effectiveness have been met between Sierra Pacific Power Company and the Pyramid Lake Paiute Tribe. The agreement must authorize the Sierra Pacific Power Company to develop a retail or wholesale drought-year water supply, or both, for use in the Truckee Meadows and surrounding areas that will, in combination with a program designed to provide 10 percent drought-year conservation, support at least a 119,000 acre-foot demand level in a normal year. A conservation plan required by the agreement must not be made applicable to a local government unless the local government approves the plan and agrees to be bound thereby.
2. Congress has enacted and the President of the United States has signed legislation that requires the Secretary of the Interior to enter into such contracts as are required to carry out the terms and provisions of the preliminary settlement agreement and requires substantially the following:
(a) With the exception of the interstate allocations of water to California or the Tahoe Basin, nothing in the legislation or in agreements made pursuant to the legislation may affect any recognized and perfected right of any other party or entity to use the water of the Truckee River or its tributaries, including, but not limited to, the rights of land owners within the Newlands Project for delivery of the water of the Truckee River to Derby Dam and for diversion of such water at Derby Dam pursuant to the Orr Ditch Decree or any applicable regulations approved by a court of competent jurisdiction.
(b) The Orr Ditch Court and the Water Master, pursuant to the administrative provisions of the Orr Ditch Decree, including the Truckee River Agreement, incorporated and made a part thereof, may ensure that all water rights of the Truckee River are not impaired or diminished by the legislation or any agreements made pursuant to the legislation, except with respect to the interstate allocations of water to California or the Tahoe Basin.
(c) Nothing in the legislation or any agreements made pursuant to the legislation will abrogate the jurisdiction or required approvals of the state engineer.
3. The public service commission of Nevada has adopted a plan for financing the purchase and installation of water meters and related facilities for existing unmetered residences in a manner that does not affect the total monthly charge to existing customers or otherwise charge existing customers with the cost of purchase, installation, maintenance, or the return on investment related to water meters or the cost or return on investment related to any other physical facility related to water meters that is added to the suppliers existing system in order to benefit from the installation of water meters. The plan may provide for charging customers who newly connect with Sierra Pacific Power Company or any successors system with the cost of purchase, installation and maintenance of water meters and related facilities for existing unmetered residences. Notwithstanding any statute to the contrary, the plan may authorize a local government to impose a charge or assessment for new development to finance the purchase, installation and maintenance of water meters and related facilities for existing unmetered residences. The plan must provide that no existing unmetered residence which has a meter installed pursuant to the plan may be charged a metered rate until at least 90 percent of all existing unmetered residences required to be metered have had meters installed, and that, on or before April 15 of each year on or after the effective date of the preliminary agreement and before the time that such residences are charged the metered rate, the cities of Reno and Sparks shall determine whether they will mandate stage II drought controls under the Drought Water Conservation Plan for the Reno/Sparks Metropolitan Area, dated December 27, 1988, and that, if Reno or Sparks does not mandate such controls, then Sierra Pacific Power Company shall transfer to the Pyramid Lake Paiute Tribe the base amount of its nonfirm municipal and industrial credit water, as defined in the preliminary settlement agreement.
κ1989 Statutes of Nevada, Page 1396 (CHAPTER 617, AB 900)κ
installed, and that, on or before April 15 of each year on or after the effective date of the preliminary agreement and before the time that such residences are charged the metered rate, the cities of Reno and Sparks shall determine whether they will mandate stage II drought controls under the Drought Water Conservation Plan for the Reno/Sparks Metropolitan Area, dated December 27, 1988, and that, if Reno or Sparks does not mandate such controls, then Sierra Pacific Power Company shall transfer to the Pyramid Lake Paiute Tribe the base amount of its nonfirm municipal and industrial credit water, as defined in the preliminary settlement agreement.
________
Assembly Bill No. 473Assemblymen Chowning, Wendell Williams, Wisdom, Gibbons, Triggs, Carpenter, McGinness, Gaston, Regan, Spriggs, Jeffrey, Nevin, Kerns, Evans and Bogaert
CHAPTER 618
AN ACT relating to juveniles; expanding certain provisions requiring the suspension of the drivers license of a juvenile who commits certain unlawful acts; expanding certain provisions prohibiting the initial issuance of a drivers license to a juvenile who commits certain unlawful acts; 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 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
κ1989 Statutes of Nevada, Page 1397 (CHAPTER 618, AB 473)κ
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to section 1 of chapter 160, Statutes of Nevada 1989, which delays his privilege to drive.
Sec. 2. NRS 483.460 is hereby amended to read as follows:
483.460 1. Unless otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) Violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. When the department is notified that a court has, pursuant to section 1 of chapter 160, Statutes of Nevada 1989, ordered the suspension or delay in issuance of a childs license, the department shall take such actions as are necessary to carry out the courts order.
κ1989 Statutes of Nevada, Page 1398 (CHAPTER 618, AB 473)κ
Sec. 3. Section 1 of chapter 160, Statutes of Nevada 1989, is hereby amended to read as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Whenever any child is found to have committed the unlawful act of [using,] :
(a) Using, possessing, selling or distributing a controlled substance [,] ; or
(b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, may, if the child possesses a drivers license, issue an order suspending the childs drivers license for 6 months. If such an order is issued, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
2. If the child does not possess a drivers license and the child is or will be eligible to apply for a drivers license within the 6 months immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a drivers license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the department a copy of the order.
3. The department shall not:
(a) Treat such an unlawful act in the manner statutorily required for moving traffic violations.
(b) Report a suspension pursuant to this section to an insurance company or its agent inquiring about the childs driving record.
Sec. 4. This act becomes effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 456Assemblymen Evans, Diamond, Adler, Swain, Gibbons, Lambert, Chowning, Arberry, Brookman, Wendell Williams, Wisdom, Gaston, Regan, Bergevin, Freeman, Garner, Myrna Williams, Sedway, Nevin, Bogaert and Spinello
CHAPTER 619
AN ACT relating to planning for health care; creating the position of chief research and statistical analyst in the department of human resources; prescribing the qualifications for and duties of the position; 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 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
κ1989 Statutes of Nevada, Page 1399 (CHAPTER 619, AB 456)κ
Sec. 2. The position of chief research and statistical analyst is hereby created in the health division of the department.
Sec. 3. The chief research and statistical analyst:
1. Is appointed by and is responsible to the administrator.
2. Must be selected with special reference to his training, experience and aptitude for researching and providing statistical analysis on programs of health care. His knowledge and abilities must include one or more of the following:
(a) A comprehensive knowledge of epidemiologic methods, measures and approaches.
(b) A comprehensive knowledge of designs for conducting research and techniques for surveying and sampling.
(c) A comprehensive knowledge of techniques of statistical analysis and their appropriate uses.
(d) Ability to organize and present oral and written communication to the director, the legislature and other pertinent officers and other persons.
Sec. 4. The chief research and statistical analyst shall:
1. Develop a program to evaluate the effectiveness of state programs for health care.
2. Identify health programs which require research and resolution.
3. Respond to requests of the director for specialized data and information.
4. Publish concise informational reports regarding health problems he identifies in Nevada.
________
Assembly Bill No. 481Committee on Government Affairs
CHAPTER 620
AN ACT relating to Indian affairs; removing a certain restriction on membership on the Nevada Indian commission; 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 233A.030 is hereby amended to read as follows:
233A.030 [1.] The governor shall appoint:
[(a)] 1. Three members who are Indians.
[(b)] 2. Two members who are representatives of the general public.
[2. Any person who is in a policymaking position of any governmental agency which receives federal funds for the benefit of Indians is ineligible to be a commissioner.]
________
κ1989 Statutes of Nevada, Page 1400κ
Assembly Bill No. 153Assemblymen Adler, Bergevin, Dini and Sheerin
CHAPTER 621
AN ACT relating to water conservancy districts; revising provisions concerning appropriation of water by local governments and water companies; revising provisions concerning the formation of conservancy and subconservancy districts; including Carson City within the Carson Water Subconservancy District; reorganizing and expanding the powers of the Carson Water Subconservancy District; prohibiting the Carson Water Subconservancy District from acquiring water rights by eminent domain; authorizing cities and counties within the Carson Water Subconservancy District to form special districts and to impose a tax for the support of the special district; 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. (Deleted by amendment.)
Sec. 2. NRS 533.380 is hereby amended to read as follows:
533.380 1. In his endorsement of approval upon any application, the state engineer shall:
(a) Set a time before which the construction of the work must be completed, which must be within 5 years of the date of such approval.
(b) Except as provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land for which a final subdivision map has been recorded pursuant to chapter 278 of NRS must not be less than 5 years.
2. The state engineer may limit the applicant to a smaller quantity of water, to a shorter period [of time] for the completion of work, and, except as provided in paragraph (b) of subsection 1, to a shorter period [of time] for the perfecting of the application than named in the application.
3. Except as provided in subsection 4, the state engineer may, for good cause shown, extend the time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by him , [;] but an application for the extension must in all cases be made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410.
4. Whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land for which a final subdivision map has been recorded pursuant to chapter 278 of NRS , or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the state engineer shall, in determining whether to grant or deny the extension, consider, among other reasons:
(a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;
(b) The number of parcels of land and commercial or residential units which are contained in or planned for the subdivision [;] or the area being served by the county, city, town, public water district or public water company;
κ1989 Statutes of Nevada, Page 1401 (CHAPTER 621, AB 153)κ
served by the county, city, town, public water district or public water company;
(c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use; and
(d) Any delays in the development of the subdivision or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions.
Sec. 3. NRS 534.120 is hereby amended to read as follows:
534.120 1. Within an area that has been designated by the state engineer, as provided for in this chapter where, in his judgment, the ground water basin is being depleted, the state engineer in his administrative capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.
2. In the interest of public welfare, the state engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted, and in acting on applications to appropriate ground water he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits: Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses [.] and any uses for which a county, city, town, public water district or public water company furnishes the water.
3. The state engineer may:
(a) Issue temporary permits to appropriate ground water which can be limited as to time and which may be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.
(b) Deny applications to appropriate ground water for any purpose in areas served by such an entity.
(c) Limit depth of domestic wells.
(d) Prohibit the drilling of wells for domestic use, as defined in NRS 534.010 and 534.180, in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.
4. For good and sufficient reasons the state engineer may exempt the provisions of this section with respect to public housing authorities.
Sec. 4. NRS 541.020 is hereby amended to read as follows:
541.020 As used in this chapter, unless the context otherwise [specified:] requires:
1. Board means the board of directors of the district.
2. Court means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district must be filed.
3. Land or real estate means real estate as the words real estate are defined by the laws of the State of Nevada, and includes all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights of way of public service corporations, and all other real property whether held for public or private use.
κ1989 Statutes of Nevada, Page 1402 (CHAPTER 621, AB 153)κ
4. Property means real estate and personal property.
5. Publication, when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein the publication is to be made. It is not necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days, excluding the day of the first publication, must intervene between the first publication and the last publication, and publication is complete on the date of the last publication.
6. Public corporation means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
7. Section means a section of this chapter unless some other statute is expressly mentioned.
8. Subcontracting agency means a public service, public, private or other corporation, or other entity which contracts with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.
9. Water conservancy districts means the districts created under the provisions of this chapter.
10. Works means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, powerplants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter. The term includes studies of the feasibility and advisability of constructing dams for storage of water in the upstream portions of watersheds.
Sec. 5. NRS 541.050 is hereby amended to read as follows:
541.050 1. Before any water conservancy district is established under this chapter, a petition must be filed in the office of the clerk of the court vested with jurisdiction, in [a] the county in which all or the greatest part of the lands embraced within the proposed water conservancy district are situated. The petition must [, in a case where the proposed district is situated in one county only, be signed by not fewer than 20 percent of the owners of land within the proposed district not embraced within the limits of any city or town; and be also signed by not fewer than 5 percent or 100, whichever is the lesser, of the owners of land embraced within the limits of each city or town situated within the proposed district. In a case where the proposed district is situated in more than one county, the petition must be signed by not fewer than 10 percent or 500, whichever is the lesser, of the owners of land in each county, or portion thereof, within the proposed district not embraced within the limits of any city or town; and be also signed by not fewer than 5 percent or 100, whichever is the lesser, of the owners of land embraced within the limits of each city or town situated in the proposed district. Opposite the signature of each petitioner must be set forth a brief description or designation by county assessors record or otherwise of the land owned by him and a statement of the acreage thereof. The term owners of land, as used in this subsection with reference to persons outside the limits of a city or town within the district, means those persons who own 5 acres or more of real estate; and the term owners of land, as used in this subsection with reference to persons within a city or town, means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
κ1989 Statutes of Nevada, Page 1403 (CHAPTER 621, AB 153)κ
subsection with reference to persons outside the limits of a city or town within the district, means those persons who own 5 acres or more of real estate; and the term owners of land, as used in this subsection with reference to persons within a city or town, means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
2. If a petitioner signs the petition both as owner of land situated within, and of land situate without, a city or town, his name must be counted only as an owner of land situated without a city or town. A signing petitioner must not be permitted, after the filing of the petition, to withdraw his name therefrom.
3. No district may be formed under this chapter unless the assessed valuation of the land, together with improvements thereon, within the proposed district exceeds $500,000 and unless the signing petitioners have lands, together with improvements thereon, of an assessed value of at least $50,000.
4. The petition] be approved by the board of county commissioners of each county in which the district is situated. The petition must be filed by the board of county commissioners for the county in which the petition is filed, who must be designated as petitioners, and must set forth:
(a) The proposed name of the district.
(b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in NRS 541.030.
(c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a property owner to ascertain whether his property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in NRS 541.030.
(d) [That the assessed value of all land, together with the improvements thereon, within the boundaries of the proposed district exceeds $500,000.
(e)] A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or combination of incorporated cities, within the water conservancy district.
[(f)] (e) The name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district will enter into a contract or contracts.
[(g)] (f) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency is named in the petition, then one representative of each principal subcontracting agency named therein. If the district includes land within more than one county, each county must have at least one representative on the board of directors.
[(h)] (g) A prayer for the organization of the district by the name proposed.
κ1989 Statutes of Nevada, Page 1404 (CHAPTER 621, AB 153)κ
[5.] 2. No petition [with the requisite signatures] that has been approved by the required boards of county commissioners may be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. [Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and must together be regarded as one petition. All such petitions filed before the hearing on the first petition filed must be considered by the court the same as though filed with the first petition placed on file.
6. In determining whether the requisite number of landowners have signed the petition, the court is governed by the names as they appear upon the tax roll, which is prima facie evidence of such ownership.]
Sec. 6. NRS 541.060 is hereby amended to read as follows:
541.060 At the time of filing the petition, or at any time [subsequent thereto and prior to the time of] after the filing and before the hearing on the petition, a bond, not exceeding in amount the sum of $1,000, in such form and with such surety or sureties as [shall be] is approved by the court, [shall] must be filed for the purpose of insuring the payment of expenses connected with the proceedings in case the organization of the district [be] is not effected. If at any time during the proceeding the court [shall be] is satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed, to be not less than 10 days distant, and upon failure of the [petitioners] board of county commissioners that filed the petition to execute the [same,] additional bond, the petition [shall] must be dismissed.
Sec. 7. NRS 541.080 is hereby amended to read as follows:
541.080 1. At any time after the filing of a petition for the organization of a water conservancy district and not less than 10 days [prior to] before the time fixed by the order of court for the hearing upon the petition, and not thereafter, a petition may be filed in the office of the clerk of the court wherein the proceeding for the creation of the district is pending, signed by not fewer than 25 percent of the owners of the lands in the proposed district, but not embraced within the limits of any city or town, [who have not signed the petition for formation of the district,] the aggregate assessed value of which, together with improvements thereon, is not less than 25 percent of the total assessed value of land, together with the improvements thereon, within the proposed district situated outside such limits, and also signed by not fewer than 25 percent of the owners of lands embraced within the limits of each city and town in the proposed district, protesting the creation of the district. The signers of the protesting petition shall state therein the land owned by each, and shall also state the value thereof as shown by the last preceding assessment. The term owners of land, as used in this subsection with reference to persons outside the limits of a city or town within the district, means those persons who own 5 acres or more of real estate , [;] and the term owners of land, as used in this subsection with reference to persons within a city or town, means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
κ1989 Statutes of Nevada, Page 1405 (CHAPTER 621, AB 153)κ
2. If a petitioner signs the petition both as owner of land situated within a municipality, and owner of land situated without a municipality, his name may be counted only as an owner of land situated without a municipality.
3. Upon the filing of such protesting petition, the clerk of the court forthwith shall make as many certified copies thereof, including the signatures thereto, as there are counties in which any part of the proposed district extends, and forthwith shall place in the hands of the county treasurer of each such county one of the certified copies. Thereupon, each of the county treasurers shall determine from the tax rolls of his county in his hands and shall certify to the district court under his official seal, [prior to] before the day fixed for the hearing as aforesaid, the total valuation of the several tracts of land listed in the protest, situated in the proposed district within his county. Upon the day set for the hearing upon the original petition, if it [shall appear] appears to the court from such certificate or certificates, and from such other evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands and of the requisite value as set forth in this section, the court shall thereupon dismiss the protesting petition and shall proceed with the original hearing as provided in this section.
4. If the court [shall find] finds from the evidence that the protesting petition is signed by the requisite number of owners of lands and of the requisite values, the court shall forthwith dismiss the original petition praying for the creation of the district. The finding and order of the court upon the question of such total valuation, the genuineness of the signatures, and all matters of law and fact incident to such determination is conclusive on all parties in interest, whether appearing or not, unless within 30 days [from] after entry of the order or dismissal an appeal is taken to the supreme court as provided in subsection 10.
5. Any owner of real property in the proposed district [not having individually signed a petition for the organization of a water conservancy district, and] desiring to object to the organization and incorporation of the district, may, on or before the date set for the cause to be heard, file objection to the organization and incorporation of the district. Such objection must be limited to a denial of the statements in the petition and must be heard by the court as an advanced case without unnecessary delay. On the final hearing of the petition the court shall define and establish the boundaries of the district.
6. Upon the hearing, if it appears that a petition for the organization of a water conservancy district has been [signed and] presented, in conformity with this chapter, and that the allegations of the petition are true and that no protesting petition has been filed or if filed has been dismissed as provided in this section, the court shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it must thereafter be known, and thereupon the district is a political subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
7. In such a decree the court shall designate the place where the office or principal place of the district must be located, which must be within the corporate limits of the district, and which may be changed by order of the board from time to time. The regular meetings of the board must be held at such office or place of business, but for cause may be adjourned to any other convenient place.
κ1989 Statutes of Nevada, Page 1406 (CHAPTER 621, AB 153)κ
such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district must be kept at the office so established.
8. If the court finds that no petition has been [signed and] presented in conformity with this chapter, or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the [signers of the petition in such proportion as it deems just and equitable.] county that filed the petition. An appeal to the supreme court from the order of dismissal may be taken as provided in subsection 10. Nothing [herein] in this section prevents the filing of a subsequent petition or petitions for similar improvements or for a similar water conservancy district, and the right so to renew such proceedings is hereby expressly granted and authorized.
9. If an order is entered establishing the district, the order is final and conclusively establishes the regular organization of the district against all persons, unless an appeal is taken to the supreme court or quo warranto proceedings attacking the order are instituted on behalf of the State of Nevada by the attorney general. The organization of the district may not be directly or collaterally questioned in any suit, action or proceedings except as expressly authorized in this section.
10. Any petitioner, protestant or objector is entitled to appeal to the supreme court from the order of the district court entered pursuant to this section. Such appeals must be taken within 30 days [from] after the entry of [such] the order in accordance with the Nevada Rules of Appellate Procedure.
Sec. 8. NRS 541.100 is hereby amended to read as follows:
541.100 1. Within [30] 60 days after [entering] the entry of the decree incorporating the district, the [court] governor shall appoint a board of directors therefor [consisting of one director from each of the divisions specified in the petition, and, in addition, one from the principal proposed subcontracting agency mentioned in the petition, or, if, there is more than one such agency mentioned in the petition, then from each principal subcontracting agencies; but the total number of directors of the district must not exceed seven.] in accordance with the petition. If the district includes land within more than one county, the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county. No person may be disqualified to act as a director because he is an officer, employee or stockholder of, or owner of land within, any irrigation or other district constituting a division, or part of a division, or subcontracting agency of the district , [;] nor may any director for that reason be disqualified to vote or act upon any matter involving such irrigation or other district or subcontracting agency.
2. The [court] governor shall fix the terms of office so that not less than three of the directors first appointed after organization of the district shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed. All succeeding terms of office must be for 4 years. Upon the expiration of the term of office of any director, the [court] governor shall, upon the recommendation of the district or incorporated city, or combination of incorporated cities, or subcontracting agency, as the case may be, from which the director was appointed, appoint a successor to the director to hold office for 4 years.
κ1989 Statutes of Nevada, Page 1407 (CHAPTER 621, AB 153)κ
term of office of any director, the [court] governor shall, upon the recommendation of the district or incorporated city, or combination of incorporated cities, or subcontracting agency, as the case may be, from which the director was appointed, appoint a successor to the director to hold office for 4 years. If the district includes land within more than one county, the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county.
3. All vacancies in the office of director must be filled in the manner provided in subsection 2. Each director shall hold office during the term for which he is appointed and until his successor is appointed and has qualified.
4. An annual meeting of the board of directors must be held on a date to be fixed by the board and, in addition thereto, the board shall hold meetings at least quarterly on dates to be fixed in the bylaws of the district. A report of the business transacted during the preceding year by the district, including a financial report prepared by qualified public accountants, must be filed with the [clerk of the district court] board of county commissioners of each county in which the district is situated on or before the date of the annual meeting.
Sec. 8.5. NRS 541.150 is hereby amended to read as follows:
541.150 1. Subdistricts may be organized upon the petition of the owners of real property within, or partly within and partly without, the district, which petition [shall] must be in substantially the same form and [shall] must fulfill the same requirements concerning the subdistricts as the petition outlined in NRS 541.050 is required to fulfill concerning the organization of the main district. The petition [shall] must also contain a statement of the minimum quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, [prior to] before the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to [such] the subdistrict the perpetual use of water for the purpose [therein specified.] specified in the petition.
2. Petitions for the organization of subdistricts [shall] must be filed with the clerk of the court and [shall] must be accompanied by a bond as provided for in NRS 541.060. The procedure for the organization of subdistricts [shall be] is the same as for the organization of districts.
3. A subdistrict [shall be] is a separate entity within the district and [shall have] has authority to contract with the district for the furnishing of water and for other purposes.
4. Within [30] 60 days after [entering] the entry of the decree incorporating a subdistrict, the [court] governor shall appoint a board of directors of the subdistrict consisting of [not exceeding seven] persons who are owners of real property in the subdistrict, and who may be directors of the district. The provisions of NRS 541.100 [, except as to the number of directors, shall be] are applicable to subdistricts. The board of directors of a subdistrict [shall have] has all of the powers, rights and privileges granted to a district board under the provisions of this chapter, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140, 541.160 and 541.240 to carry out its separate purposes. Such taxes and assessments may be levied and collected by the subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which [such subdistrict may lie,] the subdistrict lies, to carry out the [district purposes;] purposes of the district, but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160 [shall be] is to pay the expense of its organization and administration, to pay the cost of construction, operating and maintaining the works of the subdistrict, and for surveys and plans, and for legal services to protect the rights of the subdistrict, and such taxes [shall] must not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.
κ1989 Statutes of Nevada, Page 1408 (CHAPTER 621, AB 153)κ
subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which [such subdistrict may lie,] the subdistrict lies, to carry out the [district purposes;] purposes of the district, but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160 [shall be] is to pay the expense of its organization and administration, to pay the cost of construction, operating and maintaining the works of the subdistrict, and for surveys and plans, and for legal services to protect the rights of the subdistrict, and such taxes [shall] must not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.
Sec. 9. The legislature hereby finds and declares that:
1. Reductions in the supply of available water, fragmented responsibility for the conservation and supply of water, and certain limitations on the authority of existing water conservancy districts are threatening the health, safety and welfare of the people living in the Carson River basin;
2. This threat can be alleviated through the inclusion of the urban portion of Carson City in the Carson Water Subconservancy District and expanding the authority of the subconservancy district and the local governments in which it is situated;
3. The intent of the legislature in adopting this act is that the powers conferred by this act will be exercised in a manner that will foster cooperation among the local governments participating in the Carson Water Subconservancy District; and
4. The unique division of water and financial resources among the local governments participating in the Carson Water Subconservancy District prevents making a general law applicable.
Sec. 10. 1. The Carson Water Subconservancy District is hereby expanded to include the urban area of Carson City. The assets and liabilities of the existing district become the assets and liabilities of the newly formed district on the effective date of this act.
2. The board of directors of the Carson Water Subconservancy District consists of nine members to be appointed as follows:
(a) Two members who are residents of Carson City appointed by the board of supervisors of Carson City;
(b) Two members who are residents of Lyon County appointed by the board of county commissioners of Lyon County; and
(c) Five members who are residents of Douglas County, at least two of whom must represent agricultural interests in the county, appointed by the board of county commissioners of Douglas County.
No action may be taken by the board without the affirmative vote of at least one member appointed pursuant to paragraph (a), one member appointed pursuant to paragraph (b), and three members appointed pursuant to paragraph (c).
3. The board of directors may levy a tax upon all taxable property within the Carson Water Subconservancy District at a rate of not more than 3 cents on each $100 of assessed valuation for carrying out the activities of the district. The tax must be collected in the manner provided in chapter 541 of NRS.
κ1989 Statutes of Nevada, Page 1409 (CHAPTER 621, AB 153)κ
4. The Carson Water Subconservancy District shall not acquire water rights, or other property for the purpose of obtaining the appurtenant water rights, through the exercise of the power of eminent domain.
5. Carson City and each county located in part or in whole within the Carson Water Subconservancy District may establish a special district consisting of all or any portion of the land within the boundaries of the local government. The governing body of the local government is ex officio the board of directors of the district. Each special district may levy a tax upon all taxable property within its boundaries at a rate of not more than 7 cents on each $100 of assessed valuation. The tax must be collected in the same manner as other taxes ad valorem collected by the local government. The revenue from the tax must be used to allow the district to plan, construct, maintain and operate waterworks and to obtain water and water rights for the benefit of the district. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of supplemental city-county relief tax. Districts established pursuant to this subsection may enter into cooperative agreements pursuant to chapter 277 of NRS concerning the management of the waterworks or resources.
Sec. 11. 1. The establishment of any water conservancy district or subdistrict pursuant to chapter 541 of NRS before the effective date of this act, all actions taken by such districts and subdistricts, and the appointment of directors for such districts and subdistricts, are hereby ratified. All such districts and subdistricts shall amend the petitions by which they were established within 6 months after the effective date of this act to specify the composition of their boards of directors. If a district or subdistrict includes land within more than one county, each county must have at least one representative on the board, and the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county.
2. As soon as practicable after the effective date of this act, the authorities specified in subsection 2 of section 10 of this act shall appoint the initial members of the board of directors of the Carson Water Subconservancy District. Three of the members initially appointed by Douglas County and one of the members initially appointed by Lyon County and Carson City shall serve until the end of the second calendar year next succeeding their appointment. The remaining members of the board initially appointed shall serve until the end of the fourth calendar year next succeeding their appointment.
3. After the initial terms, members of the board of directors of the Carson Water Subconservancy District hold office for terms of 4 years or until their successors have been appointed. Any vacancy on the board must be filled for the remainder of the unexpired term by the authority that appointed the member whose position is vacant.
Sec. 12. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1410κ
Assembly Bill No. 943Committee on Transportation
CHAPTER 622
AN ACT relating to motor carriers; eliminating the mileage fee and certain other required fees, service charges and privilege taxes; revising the fee schedule for a temporary license; providing for the seizure and sale of vehicles for nonpayment of certain fees or taxes; removing certain exemptions; increasing the rate of interest due on unpaid assessments; authorizing the department of motor vehicles and public safety to enter into certain cooperative agreements with other jurisdictions; authorizing the sealing of special fuel pumps; increasing the tax on the sale or use of special fuels; requiring the department to transfer money biweekly to the highway patrol special fund; increasing certain registration fees; making various other changes concerning registration and fees; increasing certain penalties; making technical changes; making an appropriation from the state highway 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:
whereas, The legislature hereby declares that the adoption of this act is intended to satisfy the provisions of the settlement agreement reached in the case of Dave R. Grant Hay, Inc. v. Nevada Department of Motor Vehicles and Public Safety, but is not an admission of liability; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.491 is hereby amended to read as follows:
706.491 Every person operating as a common, contract or private motor carrier [shall] must, before commencing operation in this state in any calendar year, secure from the department a license and make payments therefor as provided in NRS 706.011 to [706.791, inclusive.] 706.861, inclusive, as applicable.
Sec. 2. NRS 706.521 is hereby amended to read as follows:
706.521 1. [Except as otherwise provided in subsection 5, any] Any person has the option, in lieu of causing a motor vehicle which has a declared gross weight in excess of 26,000 pounds to be licensed [under NRS 706.011 to 706.791, inclusive, of applying for] pursuant to the provisions of NRS 482.482 or 706.841, of purchasing a temporary license [to be issued forthwith upon payment of a fee based upon the declared gross weight of the vehicle or combination of vehicles as follows:
More than 10,000 pounds but not more than 15,000..................................... $10
More than 15,000 pounds but not more than 20,000....................................... 20
More than 20,000 pounds but not more than 50,000....................................... 40
More than 50,000 pounds..................................................................................... 90]
and paying a fee of $5 plus 15 cents for each mile the department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary license.
κ1989 Statutes of Nevada, Page 1411 (CHAPTER 622, AB 943)κ
2. Except as otherwise provided in subsection [6,] 3, a temporary license authorizes operation over the highways of this state from point of entry to point of exit for not more than [48] 24 consecutive hours.
3. [Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 is entitled upon application to the department in such form and detail as the department may require, to be issued a proper identifying device.
4. Upon request, the department may allow credit for the period for which the licenses were purchased if the applicant is licensed under the provisions of NRS 706.516.
5. The provisions of this section do not apply to vehicles registered under NRS 482.482.
6.] The department may issue [,] to the owner or operator of a common motor carrier of passengers [,] a temporary license which authorizes operation for not more than 120 consecutive hours.
4. If a person is issued a temporary license pursuant to the provisions of this section, the department shall credit the cost of that license against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective dates of the temporary license, or if that license fee has been satisfied, against any fee due to the department pursuant to the provisions of chapter 366 of NRS.
Sec. 3. NRS 706.531 is hereby amended to read as follows:
706.531 1. After the department of transportation has approved an application for a permit [under] pursuant to the provisions of subsection 5 of NRS 484.739, and before issuance, the department shall issue special identifying devices for combinations of vehicles to be operated [under] pursuant to the permit . [, which] The identifying devices must be carried and displayed [on any combination operating under the permit] in such a manner as the department determines [.] on every combination so operating. The devices issued may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. The devices may be used only on motor vehicles regularly licensed [under] pursuant to the provisions of NRS 482.482 . [or 706.516.]
2. The annual fee for each identifying device or set of devices for a combination of vehicles is [$30] $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The maximum fee must not exceed $2,940. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required [under] by the provisions of this chapter.
3. Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
κ1989 Statutes of Nevada, Page 1412 (CHAPTER 622, AB 943)κ
4. Any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due [under] pursuant to the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
5. The holder of an original permit and identifying devices may, upon surrendering the permit and devices to the department, apply to the department:
(a) For a refund of an amount equal to that portion of the fees paid for the permit and devices that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or
(b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.
Sec. 4. NRS 706.541 is hereby amended to read as follows:
706.541 Any person electing or required to pay license fees [under] pursuant to the provisions of NRS 706.521 [or 706.856 shall purchase] shall secure the necessary temporary licenses [,] through the nearest available vendor [in] to his point of entry into the State of Nevada.
Sec. 5. NRS 706.546 is hereby amended to read as follows:
706.546 Where credit is allowed against any subsequent fee for a license or registration fee paid pursuant to the provisions of NRS 706.521 , [or 706.856,] there is a nonrefundable charge of [$1.] $5.
Sec. 6. NRS 706.571 is hereby amended to read as follows:
706.571 1. If [illegally or] through clerical error the department collects or receives any fee, penalty or interest imposed [under] pursuant to the provisions of NRS 706.011 to 706.861, inclusive, the fee, penalty or interest must be refunded or credited to the person paying it. Notification stating the specific grounds therefor must be made within 36 months after the date of payment, whether [or not] the fee, penalty or interest was paid voluntarily or under protest.
2. Refunds pursuant to the provisions of this section may only be made for errors such as mistakes in computation, double payments and similar clerical or ministerial errors. A request for the refund of a fee based upon the constitutionality or interpretation of a statute must be made pursuant to the provisions of NRS 706.576.
3. Refunds must be made to a successor, assignee, estate or heir of the person if written application is made within the time prescribed.
[3.] 4. Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the person to whom the refund is due.
[4.] 5. All amounts refunded [under] pursuant to the provisions of this chapter must be paid from the motor vehicle fund on claims presented by the department, approved by the state board of examiners, and paid as other claims against the state are paid.
Sec. 7. NRS 706.601 is hereby amended to read as follows:
706.601 Except as otherwise provided in NRS 706.611:
1. The delinquent fees, interest and penalties [shall] constitute a lien upon and have the effect of an execution duly levied against any vehicle owned or being purchased by the licensee for the operation of which fees or other obligations are due [under] pursuant to the provisions of NRS 706.011 to 706.861, inclusive.
κ1989 Statutes of Nevada, Page 1413 (CHAPTER 622, AB 943)κ
being purchased by the licensee for the operation of which fees or other obligations are due [under] pursuant to the provisions of NRS 706.011 to 706.861, inclusive. The lien attaches at the time the vehicle is operated in this state with fees or other obligations delinquent.
2. In accordance with the provisions of subsections 3 and 4, the department may seize and sell any vehicle subject to a lien pursuant to the provisions of subsection 1.
3. The department shall, not less than 10 days before the seizure of a vehicle, give to the registered owner of the vehicle, the legal owner of the vehicle and to every other person known to be claiming an interest in the vehicle, notice of the lien and of its intent to seize and sell the vehicle. The notice shall be deemed effective if sent by certified mail addressed to the person at his address as it appears on the records of the department.
4. Any person who receives notice of the lien may request a hearing to contest the existence or amount of the lien. If a hearing is not requested within 10 days after the effective date of the notice, the department may seize and sell the vehicle.
Sec. 8. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or the department [under the terms] pursuant to the provisions of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Advertises as a common or contract motor carrier without including the number of his certificate of public convenience and necessity or contract carrier permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
κ1989 Statutes of Nevada, Page 1414 (CHAPTER 622, AB 943)κ
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked [as provided in] pursuant to the provisions of this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than [$50] $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 within 12 consecutive months shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For the second offense and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 9. NRS 706.791 is hereby amended to read as follows:
706.791 1. If the department is not satisfied with the records [,] or statements of, or with the amount of fees paid by , any person [,] pursuant to the provisions of NRS 706.011 to 706.861, inclusive, it may make an additional or estimated assessment of fees due from that person based upon any information available to it.
2. Every additional or estimated assessment bears interest at the rate of [1] 2 percent per month, or fraction thereof, from the date the assessment is imposed until paid.
3. If any part of a deficiency for which an assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of NRS 706.011 to 706.861, inclusive, or the regulations of the department adopted pursuant [thereto,] to those sections, a penalty of 10 percent of the amount of the assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the assessment must be added thereto.
4. The department shall give the person written notice of the assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at his address as it appears in the records of the department. Except for reports filed pursuant to subsection 3 of NRS 706.196, every notice of assessment must be served within 36 months after the allegedly erroneous report was filed.
5. [When] If any person refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary [in satisfying the department] to enable it to determine that the amount of tax paid by that person is correct, the assessment made pursuant to the provisions of this section is presumed to be correct [,] and the burden is upon the person challenging the assessment to establish that it is erroneous.
κ1989 Statutes of Nevada, Page 1415 (CHAPTER 622, AB 943)κ
to determine that the amount of tax paid by that person is correct, the assessment made pursuant to the provisions of this section is presumed to be correct [,] and the burden is upon the person challenging the assessment to establish that it is erroneous.
6. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the department within that period, the assessment becomes final.
7. If a petition for redetermination is filed within 30 days, the department shall reconsider the assessment and, if the petitioner so requests, grant him an oral hearing and give him 10 days notice of the time and place of the hearing. The department may continue the hearing as may be necessary.
8. The order of the department upon a petition becomes final 30 days after service of notice thereof. If an assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.
Sec. 10. NRS 706.806 is hereby amended to read as follows:
706.806 As used in NRS 706.801 to 706.861, inclusive, unless the context otherwise requires:
1. Country includes any political subdivision thereof.
2. Department means [each agency of this state, or of any political subdivision of this state, administering the fee involved.] the department of motor vehicles and public safety.
3. Fee means each fee for registration and tax imposed by this state, except motor vehicle fuel taxes [,] and motor carrier [regulation and] licensing fees . [, and the additional fee imposed by subsection 4 of NRS 482.480.]
4. Mileage includes mileage in this state and in all other states and countries.
5. Motor vehicle includes every motor vehicle [of a type] with a declared gross weight in excess of 26,000 pounds required to be registered under the laws of this state.
6. Operator includes the owner or operator of any motor vehicle.
7. Plan means a plan adopted by any state or country for the proration of fees on a basis to effectuate the principles set forth in NRS 706.826.
8. [Reciprocity means that this state and another state or country, as to motor vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to motor vehicles registered in the other state or country.
9.] State includes the states of the United States, the District of Columbia and the territories of the United States.
[10.] 9. Vehicle includes every vehicle of a type required to be registered under the laws of this state.
Sec. 11. NRS 706.836 is hereby amended to read as follows:
706.836 Each fee required to be paid by the provisions of NRS 706.801 to 706.861, inclusive, [must be] is payable to the [same department as if NRS 706.801 to 706.861, inclusive, had not been adopted, except that the department of motor vehicles and public safety is hereby authorized to accept the fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of NRS 706.826.]
κ1989 Statutes of Nevada, Page 1416 (CHAPTER 622, AB 943)κ
fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of NRS 706.826.] department.
Sec. 12. NRS 706.841 is hereby amended to read as follows:
706.841 1. Each operator shall qualify to operate [under] pursuant to the provisions of NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the department of motor vehicles and public safety before the time any fee becomes delinquent.
2. The application must:
(a) Show the total mileage of motor vehicles operated by the person in this state and all states and countries during the next preceding [statutory licensing period] 12 months ending August 31 and describe and identify each motor vehicle to be operated during the period of registration in such detail as the department may require.
(b) Be accompanied by a fee, unless the department is satisfied that the fee is secured, to be computed as follows:
(1) Divide the number of in-state miles by the total number of fleet miles;
(2) Determine the total amount of money necessary to register all motor vehicles in the fleet for which registration is requested; and
(3) Multiply the amount determined under subparagraph (2) by the fraction obtained [under] pursuant to subparagraph (1) . [;
(4) To the product obtained under subparagraph (3), add a service charge of $4 for each motor vehicle listed in the application; and
(5) To the sum obtained in subparagraph (4), add a minimum charge of $3 to the privilege tax for each motor vehicle listed in the application pursuant to NRS 371.030.]
Sec. 13. NRS 706.846 is hereby amended to read as follows:
706.846 Upon the payment of all fees required [under] pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or upon being satisfied that the fee is secured and upon compliance with the laws of this state in order to register the vehicles, the department of motor vehicles and public safety shall register them, and issue plates, licenses, emblems, certificates or other devices for the vehicles in the same manner as otherwise provided by law . [, except that the vehicles may not be registered unless they are registered and the fees for the vehicles have been paid pursuant to law in some other state or country.]
Sec. 14. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. To the extent permitted by federal law, the department may enter into cooperative agreements with other states and countries for the exchange of information regarding, and the auditing of, persons who use special fuel in motor vehicles operated or intended to operate interstate. Any agreement, arrangement or declaration, or any amendment thereto, is not effective until reduced to writing and signed by the parties thereto or their authorized representatives.
2. An agreement may include, with respect to persons who use special fuel provisions:
(a) For determining the domicile of those persons;
(b) Specifying the records which are required to be kept by those persons;
κ1989 Statutes of Nevada, Page 1417 (CHAPTER 622, AB 943)κ
(c) Relating to audit procedures, the exchange of information and persons eligible for licensing;
(d) Defining various words and terms;
(e) Setting forth the procedure for collecting special fuel taxes owing to another jurisdiction and forwarding those taxes to that jurisdiction; and
(f) Designed to facilitate the administration of the agreement.
3. The department may, pursuant to the terms of an agreement, forward to the designated representatives of another jurisdiction any information in its possession relating to the manufacture, transportation, shipment, sale or use of special fuel by any person, and the location within this state of any motor vehicles owned by a person who has been identified by another jurisdiction as a user of special fuel.
4. An agreement may provide that each jurisdiction shall audit the records of persons residing or doing business within that jurisdiction to determine if the special fuel taxes owing to each jurisdiction have been properly reported and paid, and requiring each jurisdiction to forward the findings of its audits to every other jurisdiction in which the person who is the subject of an audit has incurred tax liability as a result of his use of special fuel. The audit findings received from another jurisdiction may be used by the department as the basis for an estimated assessment of tax due from a person pursuant to the provisions of NRS 366.405.
5. Any agreement entered into pursuant to the provisions of this section does not preclude the department from auditing the records of any person subject to the provisions of this chapter.
Sec. 16. 1. The department may seal a special fuel pump if:
(a) A licensed special fuel dealer becomes delinquent in payment of any amount due pursuant to the provisions of this chapter;
(b) A special fuel dealer operates without the license required by the provisions of this chapter; or
(c) A special fuel dealer is operating without the bond or cash deposit required by the provisions of this chapter.
2. The pumps may be sealed until all required reports are filed, the tax, penalties and interest are paid in full, the required license is obtained and the bond or cash deposit is provided.
3. Before sealing a pump, the department must send a notice by registered or certified mail to the licensed special fuel dealer at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of the notice and show cause why the pump should not be sealed.
Sec. 17. NRS 366.190 is hereby amended to read as follows:
366.190 A tax is hereby imposed at the rate of [20] 22 cents per gallon on the sale or use of special fuels.
Sec. 18. NRS 366.221 is hereby amended to read as follows:
366.221 1. [No] Except as otherwise provided in subsection 2, no special fuel users license may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
κ1989 Statutes of Nevada, Page 1418 (CHAPTER 622, AB 943)κ
(c) Operators of motor vehicles having a declared gross weight of 26,000 pounds or less.
(d) Operators of unladen motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
(g) Private motor carriers of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(h) A private motor carrier of property which is used to attend livestock shows or sales.
2. [Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles supply tank.] A person otherwise exempt pursuant to subsection 1 who does not purchase special fuel in this state in an amount commensurate with his consumption of special fuel in the propulsion of motor vehicles on the highways of this state shall secure a special fuel users license.
3. As used in this section, private motor carrier of property has the meaning ascribed to it in NRS 706.111.
Sec. 19. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any person who fails to pay any excise tax, except taxes assessed [under] pursuant to the provisions of NRS 366.405, within the time prescribed by this chapter shall pay in addition to the tax a penalty of 10 percent of the amount thereof, plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.
2. Any person who fails to submit a quarterly or monthly tax return as required by the provisions of NRS 366.380 or 366.385, respectively, shall pay a penalty of [$25] $50 for each delinquent tax return, in addition to any other penalty provided by the provisions of this chapter.
3. A tax return is considered delinquent when it has not been received by the department by the date the tax return is due, as prescribed by the provisions of this chapter.
Sec. 20. NRS 366.405 is hereby amended to read as follows:
366.405 1. If the department is not satisfied with the records [,] or statements of, or with the amount of tax paid by , any person pursuant to the provisions of this chapter, it may make an additional or estimated assessment of tax due from that person based upon any information available to it. Every additional or estimated assessment bears interest at the rate of [1] 2 percent per month, or fraction thereof, from the date the additional assessment is imposed until paid.
2. If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of this chapter or the regulations of the department adopted pursuant [thereto,] to those provisions, a penalty of 10 percent of the amount of the additional assessment must be added thereto.
κ1989 Statutes of Nevada, Page 1419 (CHAPTER 622, AB 943)κ
additional assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to [this chapter,] those provisions, a penalty of 25 percent of the amount of the additional assessment must be added thereto.
3. The department shall give the person written notice of the additional assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at his address as it appears in the records of the department. Except for reports filed pursuant to subsection 3 of NRS 366.140, every notice of additional assessment proposed to be assessed [under] pursuant to the provisions of this chapter must be served within 36 months after the claimed erroneous report was filed.
4. [When] If a special fuel user or special fuel dealer refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary [in satisfying the department] to enable it to determine that the amount of tax paid by the user or dealer is correct, the additional or estimated assessment made pursuant to the provisions of this section is presumed to be correct [,] and the burden is upon the person challenging the assessment to establish that it is erroneous.
5. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the department within that period, the assessment becomes final.
6. If a petition for redetermination is filed within 30 days, the department shall reconsider the assessment and, if the petitioner so requests, grant him an oral hearing and give him 10 days notice of the time and place of the hearing. The department may continue the hearing as may be necessary.
7. The order of the department upon a petition becomes final 30 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.
Sec. 21. NRS 366.590 is hereby amended to read as follows:
366.590 Except as otherwise provided in NRS 366.610:
1. The excise tax, interest and penalties [shall] constitute a lien upon and have the effect of an execution duly levied against any motor vehicle in which special fuel taxable under this chapter is used. The lien attaches at the time the vehicle is operated in this state through the use of the fuel.
2. In accordance with the provisions of subsections 3 and 4, the department may seize and sell any vehicle subject to a lien pursuant to the provisions of subsection 1.
3. The department shall, not less than 10 days before the seizure of a vehicle, give to the registered owner of the vehicle, the legal owner of the vehicle and to every other person known to be claiming an interest in the vehicle, notice of the lien and of its intent to seize and sell the vehicle. The notice shall be deemed effective if sent by certified mail addressed to the person at his address as it appears on the records of the department.
κ1989 Statutes of Nevada, Page 1420 (CHAPTER 622, AB 943)κ
4. Any person who receives notice of the lien may request a hearing to contest the existence or amount of the lien. If a hearing is not requested within 10 days after the effective date of the notice, the department may seize and sell the vehicle.
Sec. 22. NRS 371.050 is hereby amended to read as follows:
371.050 1. Except as otherwise provided in subsections 3 and 4, valuation of vehicles must be determined by the department upon the basis of 35 percent of the manufacturers suggested retail price in Nevada excluding options and extras, as of the time the particular make and model for that year is first offered for sale in Nevada.
2. If the department is unable to determine the manufacturers suggested retail price in Nevada [in] with respect to any vehicle because the vehicle is specially constructed, or for any other reason, the department shall determine the valuation upon the basis of 35 percent of the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require.
3. For each:
(a) Bus, truck, truck tractor or combination of vehicles having a declared gross weight of 10,000 pounds or more; and
(b) Trailer or semitrailer having an unladen weight of 4,000 pounds or more,
the department may use 85 percent of the original purchasers cost price in lieu of the manufacturers suggested retail price.
4. If the department is unable to determine the original manufacturers suggested retail price in Nevada, or the original retail price to the purchaser, the department may determine the original value of the vehicle on the basis of 50 cents per pound.
5. For motor carriers which register [under] pursuant to the provisions of the Interstate Highway User Fee Apportionment Act, the department may determine the original [value] purchasers cost price of the vehicle on the basis of its declared gross weight in a manner which the department finds appropriate and equitable.
Sec. 23. NRS 371.110 is hereby amended to read as follows:
371.110 [The] Except as otherwise provided in NRS 482.482, the privilege tax is due [and payable] on the first day of the registration year for the vehicle concerned and [shall] must be paid at the same time as, and in conjunction with, registration or renewal of registration of the vehicle.
Sec. 24. NRS 371.140 is hereby amended to read as follows:
371.140 1. [If] Except as otherwise provided in subsection 3 and NRS 482.482, if the privilege tax for a vehicle for the next period of registration is not paid before the expiration of the current period of registration for that vehicle, a penalty equal to 10 percent of the tax due, but not less than $6, plus the amount of the delinquent tax, must be added to the privilege tax due for the next period of registration, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The department may retain any penalty so collected.
2. Evidence of nonoperation of a vehicle must be made by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.
κ1989 Statutes of Nevada, Page 1421 (CHAPTER 622, AB 943)κ
3. The provisions of this section do not apply to vehicles registered pursuant to NRS 706.841.
Sec. 25. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol must be augmented by, in addition to the personnel provided by NRS 481.140, supplementary troopers to the extent permitted by the money available , [for that purpose in the special fund created by subsection 4 of NRS 482.480,] but the total number of troopers must not exceed the number specified for a particular fiscal year by the legislature.
2. The director shall appoint [these] those additional troopers as soon after the beginning of each fiscal year as he can determine the amount of money which is available for [this] that purpose.
3. The department shall transfer biweekly $6 for every motor vehicle registered during the next preceding 2 weeks pursuant to the provisions of chapter 482 of NRS or NRS 706.801 to 706.861, inclusive, to the highway patrol special fund which is hereby created as a special revenue fund. The money in the fund must be used only for the purpose specified in subsection 1.
Sec. 25.5. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
The holder of an original registration for a motor vehicle with a declared gross weight in excess of 26,000 pounds may, upon surrendering the certificate of registration and the corresponding license plates to the department, apply to the department:
1. For a refund of an amount equal to that portion of the privilege taxes and registration fees paid for the motor vehicle that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or
2. To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.
Sec. 26. NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as otherwise provided in this section, every vehicle, except one which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.
2. Every vehicle registered by an agent of the department must be registered for [a period of] 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.
3. Upon the application of the owner of a fleet of vehicles, the director may permit [such an owner] him to register his fleet on the basis of a calendar year.
4. When the registration of any vehicle is transferred pursuant to the provisions of NRS 482.3667, section 1 of [this act] Assembly Bill No. 878 of this session or 482.399, the expiration date of a regular license plate or plates, commemorative license plate or plates, special license plate or plates or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:
(a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or
(b) The day after the transfer in all other cases, and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed according to the applicable provisions of NRS 482.3667, section 1 of [this act] Assembly Bill No.
κ1989 Statutes of Nevada, Page 1422 (CHAPTER 622, AB 943)κ
and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed according to the applicable provisions of NRS 482.3667, section 1 of [this act] Assembly Bill No. 878 of this session and 482.399.
Sec. 27. NRS 482.208 is hereby amended to read as follows:
482.208 [1.] Any vehicle which is leased by a long-term lessor to a long-term lessee having a place of business or residence in this state, for use on the public highways of this state, [shall be] is subject to registration in this state either by the long-term lessor or the long-term lessee . [of such vehicle.
2. The provisions of subsection 1 shall not apply to vehicles operated in this state under the provisions of any reciprocity agreement made by the department or to vehicles entitled to prorational registration under the provisions of chapter 706 of NRS.]
Sec. 28. NRS 482.3161 is hereby amended to read as follows:
482.3161 1. A person shall not operate as a vehicle transporter in this state without a license issued by the department.
2. The provisions of NRS 482.3161 to 482.3175, inclusive, do not apply to a [:
(a) Manufacturer,] manufacturer, distributor, dealer or rebuilder licensed pursuant to the provisions of NRS 482.318 to 482.363, inclusive.
[(b) Person required to be licensed as a motor convoy carrier pursuant to NRS 706.526.]
Sec. 29. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in subsection 4, section 2 of chapter 339, Statutes of Nevada 1989, and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration [under] pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without [any registration thereof] its registration in this state [under] pursuant to the provisions of this chapter and without the payment of any registration fees to [the] this state.
2. This section does not:
(a) Prohibit the use of manufacturers, distributors or dealers license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.
(b) Require registration of vehicles of a type subject to registration [under] pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.
4. Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause this vehicle to be registered within 45 days after beginning its operation within this state.
κ1989 Statutes of Nevada, Page 1423 (CHAPTER 622, AB 943)κ
5. A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must not be allowed credit on [these] those taxes and fees for the unused months of his previous registration.
6. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.
7. An owner registering a vehicle [under] pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.
Sec. 30. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of [$17.] $23.
2. For every motorcycle, a fee for registration of [$17.] $23.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. [For every motor vehicle there is an additional fee of $5 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
5.] To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
[6.] 5. For every travel trailer, a fee for registration of $17.
[7.] 6. For each vehicle registered by a border state employee pursuant to section 3 of [this act,] Assembly Bill No. 418 of this session, a fee for registration of $10, which may not be prorated.
Sec. 31. NRS 482.481 is hereby amended to read as follows:
482.481 The registration fees for a motortruck, truck tractor, bus or combination of vehicles having a declared gross weight of [10,000] 10,001 pounds or more which is registered on the basis of a calendar year must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of the year and rounded to the nearest dollar.
Sec. 32. NRS 482.482 is hereby amended to read as follows:
482.482 1. In addition to any other applicable fee listed in NRS 482.480 [:
(a) There] there must be paid to the department [a fee of $17] for the registration of every motortruck, truck tractor or bus which has a declared gross weight of [less] :
(a) Less than 6,000 pounds [.
(b) There must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of] , a fee of $23.
κ1989 Statutes of Nevada, Page 1424 (CHAPTER 622, AB 943)κ
(b) Not less than 6,000 pounds [or more, fees according to the following schedule:
6,000 to and including 8,499................................................................................ $22
8,500 to and including 10,000................................................................................ 32
If the declared gross weight is] and not more than 8,499 pounds, a fee of $28.
(c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $38.
(d) Not less than 10,001 pounds [or more, the fee is $6] and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.
(e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is [$480.
2. A vehicle which is registered without proration under this section is exempt from the provisions of NRS 706.516 and 706.521.] $1,360.
2. The registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in equal installments. Except for the first installment, which must be paid at the time of registration, installments are due on or before April 1, July 1 and October 1 of each year. The amount of each installment must be determined by taking the total fee and privilege tax due for the calendar year and dividing that amount by the sum of the total number of installments for that calendar year due after the date of registration plus one.
3. If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.
4. Any payment required by subsection 2 shall be deemed received by the department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the department, if that date is earlier than the actual receipt of that payment.
5. A person who fails to pay any fee pursuant to subsection 2 or privilege tax when due shall pay to the department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.
Sec. 33. NRS 366.500, 706.301, 706.486, 706.516, 706.518, 706.519, 706.5195, 706.526, 706.528, 706.536, 706.551, 706.556, 706.741, 706.831 and 706.856 are hereby repealed.
Sec. 34. 1. There is hereby appropriated from the state highway fund to the department of motor vehicles and public safety for the payment of costs incurred to carry out the provisions of this act:
For the fiscal year 1989-90........................................................................... $26,584
For the fiscal year 1990-91........................................................................... $24,584
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 35. 1. This section and sections 6, 7, 14, 15, 16, 18, 21 and 22 of this act become effective upon passage and approval.
κ1989 Statutes of Nevada, Page 1425 (CHAPTER 622, AB 943)κ
2. Section 34 of this act becomes effective on July 1, 1989.
3. The remaining sections of this act become effective on January 1, 1990.
________
Assembly Bill No. 746Committee on Judiciary
CHAPTER 623
AN ACT relating to sentencing; allowing a victim to appear at sentencing and express his views concerning the crime; requiring the prosecutor to notify the victim of the hearing to impose sentence; 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 176.015 is hereby amended to read as follows:
176.015 1. Sentence [shall] must be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.
2. Before imposing sentence the court shall [afford] :
(a) Afford counsel an opportunity to speak on behalf of the defendant [and shall address] ; and
(b) Address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.
3. Before imposing sentence the court shall afford the victim an opportunity to:
(a) Appear personally or by counsel; and
(b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
4. The prosecutor shall give to the victim reasonable notice of the hearing to impose sentence. Any defect in notice or failure of the victim to appear are not grounds for an appeal or the granting of a writ of habeas corpus or petition for post-conviction relief.
5. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
________
κ1989 Statutes of Nevada, Page 1426κ
Assembly Bill No. 496Committee on Education
CHAPTER 624
AN ACT relating to educational personnel; making various changes relating to the evaluation and reemployment of certain employees; repealing a provision concerning certain postprobationary 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. NRS 391.3125 is hereby amended to read as follows:
391.3125 1. It is the intent of the legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.
2. Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employees over-all performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In like manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criteria, must be used in the dismissal process.
3. A conference and a written evaluation for a probationary employee must be concluded no later than:
(a) [November 1;
(b) January 1;
(c) March 1; and
(d) April 15,] December 1;
(b) February 1; and
(c) April 1,
of the school year, except that a probationary employee assigned to a school that operates all year must be evaluated at least [4] three times during each 12 months of employment on a schedule determined by the board.
4. Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the next school year, he shall bring the matter to the employees attention in a written document which is separate from the evaluation no later than [the third required evaluation.] February 15. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.
5. Each postprobationary teacher must be evaluated at least once each year.
κ1989 Statutes of Nevada, Page 1427 (CHAPTER 624, AB 496)κ
6. The evaluation of a probationary teacher or a postprobationary teacher must, if necessary, include recommendations for improvements in his performance. A reasonable effort must be made to assist the teacher to correct any deficiencies noted in the evaluation. The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teachers response must be permanently attached to the teachers personnel file.
Sec. 2. NRS 391.313 is hereby amended to read as follows:
391.313 1. Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that he believes may lead to demotion, dismissal or cause the employee not to be reemployed under the provisions of NRS 391.312, he shall:
(a) Except as otherwise provided in subsection 2, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to his demotion, dismissal or a refusal to reemploy him, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for his potential demotion, dismissal or a potential recommendation not to reemploy him; and
(b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition. An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for him by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.
2. An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his employment will be terminated pursuant to [paragraph (d) of subsection 1 of NRS 391.31963 or] NRS 391.3197. If by February 15 a probationary employee does not receive a written notice pursuant to subsection 4 of NRS 391.3125 [by the third evaluation, then] of a potential decision not to reemploy him, he must receive an admonition before [the] any such decision is made . [not to reemploy him.]
3. A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of NRS 391.312.
Sec. 3. NRS 391.317 is hereby amended to read as follows:
391.317 1. [Except as otherwise provided in NRS 391.31963, at] At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of his intention to make the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer.
κ1989 Statutes of Nevada, Page 1428 (CHAPTER 624, AB 496)κ
(c) Inform the employee that he may request appointment of a hearing officer from a list provided by the American Arbitration Association and that one will be appointed if the superintendent agrees in writing.
(d) Refer to chapter 391 of NRS.
Sec. 4. NRS 391.3196 is hereby amended to read as follows:
391.3196 1. On or before [April 15] May 1 of each year, the board shall notify postprobationary employees in their employ, in writing, by certified mail or by delivery of the employees contract, concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a postprobationary employee who has been employed by a school district of his status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year under the same terms and conditions as he is employed for the current year.
2. This section does not apply to any licensed employee who has been recommended to be demoted, dismissed or not reemployed if proceedings have commenced and no final decision has been made by the board. A licensed employee may be demoted or dismissed for grounds set forth in NRS 391.312 after he has been notified that he is to be reemployed for the ensuing year.
3. Any licensed employee who is reemployed pursuant to subsection 1 shall, by [April 25,] May 10, notify the board in writing of his acceptance of employment. Failure on the part of the employee to notify the board of his acceptance within the specified time is conclusive evidence of the employees rejection of the contract.
4. If the licensed employees are represented by a recognized employee organization and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 do not apply except in the case of a demotion, dismissal or decision not to reemploy an employee. Before [April 25] May 10 of each year, the employees shall notify the board in writing, on forms provided by the board, of their acceptance of reemployment. Any agreement negotiated by the recognized employee organization and the board becomes a part of the contract of employment between the board and the employee. The board shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at his last known address or shall deliver the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of his acceptance within 10 days after receipt of the contract is conclusive evidence of the employees rejection of the contract.
Sec. 5. NRS 391.3197 is hereby amended to read as follows:
391.3197 1. A probationary employee is employed on an annual basis and has no right to employment after a probationary contract year.
2. If a probationary employee first began his employment after June 30, 1979, the board shall notify him in writing on or before [April 15] May 1 of the school year whether he is to be reemployed for the next school year. The employee [shall] must advise the board in writing on or before [April 25] May 10 of his acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify him in writing no later than 45 days before his last day of work under his contract whether he is to be reemployed for another year. He [shall] must advise the board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year.
κ1989 Statutes of Nevada, Page 1429 (CHAPTER 624, AB 496)κ
board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year. Failure to advise the board of his acceptance of reemployment constitutes rejection of the contract.
3. A probationary employee who has received a notice of reemployment from the school district is entitled to be a postprobationary employee in the ensuing year of employment.
4. A school district which has not given notice of reemployment to a probationary employee may offer the employee a contract for a trial year. An employee who receives an offer of a contract for a trial year may request a supplemental evaluation during the trial year by another administrator in the school district selected by him and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in the state.
5. If a probationary employee is notified that he will not be reemployed for the ensuing school year, his employment ends on the last day of the school year specified in his contract. The notice that he will not be reemployed must include a statement of the reasons for that decision.
6. If a probationary employee who is an administrator is not reemployed in that capacity, he may accept a contract as a teacher for the ensuing school year in writing on or before [April 25.] May 10. If he fails to accept the contract as a teacher, he shall be deemed to have rejected the offer of a contract as a teacher.
7. Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.
Sec. 6. NRS 391.31963 is hereby repealed.
________
Senate Bill No. 121Committee on Commerce and Labor
CHAPTER 625
AN ACT relating to industrial insurance; prohibiting an industrial insurer from contracting with certain persons for the exclusive provision of certain goods or services; 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 616.344 is hereby amended to read as follows:
616.344 1. Except as otherwise provided in subsection 2, an insurer may contract with suppliers to provide services and goods to injured employees. Such contracts may provide for the exclusive provision of specified services or goods to injured employees.
2. An insurer shall not enter into any exclusive agreement or contract pursuant to subsection 1:
κ1989 Statutes of Nevada, Page 1430 (CHAPTER 625, SB 121)κ
(a) With any physician or chiropractor to provide primary care for an injured employee;
(b) With any hospital for general care for patients acutely ill; [or]
(c) With any one particular physical therapist or group of physical therapists to provide care for injured employees but may enter into sufficient numbers of agreements with physical therapists or groups of physical therapists throughout the state to ensure that injured employees receive prompt professional care;
(d) Which would restrict the ability of an injured employee to choose a treating physician or chiropractor pursuant to NRS 616.342 ; or
(e) Which would restrict the ability of an injured employee to choose a pharmacy to fill prescriptions for pharmaceuticals if the pharmacy does not charge more than the lowest price contracted for by an insurer with any other supplier of pharmaceuticals.
________
Senate Bill No. 196Senators Wagner, Townsend, Beyer, Coffin, Getto, Horn, Jacobsen, Joerg, Mello, Neal, ODonnell, Raggio, Rawson, Shaffer, Smith and Titus
CHAPTER 626
AN ACT relating to crimes; raising the monetary threshold for the classification of crimes; 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. (Deleted by amendment.)
Sec. 2. NRS 197.150 is hereby amended to read as follows:
197.150 Every public officer, or person holding or discharging the duties of any public officer or place of trust under the state or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying [,] claims or demands upon the state or [such] a county, town or city, who knowingly audits, allows or pays, or [,] directly or indirectly [,] consents to or in any way connives [at the auditing,] in the audit, allowance or payment of any claim or demand against the state , [or such] county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be punished:
1. Where the amount of [such] the false or fraudulent charge, claim, item or demand is [$100] $250 or more, 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. Where the amount of [such] the fraudulent charge, claim, item or demand is less than [$100,] $250, for a misdemeanor.
κ1989 Statutes of Nevada, Page 1431 (CHAPTER 626, SB 196)κ
Sec. 3. NRS 197.210 is hereby amended to read as follows:
197.210 Every officer who fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such a use, any money, evidence of debt or other property entrusted to him by virtue of his office, shall be punished:
1. Where the amount of [such] the money or the actual value of [such] the property fraudulently appropriated or secreted with intent to appropriate is [$100] $250 or more, 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. Where the amount of [such] the money or the actual value of [such] the property fraudulently appropriated or secreted with intent to appropriate is less than [$100,] $250, for a misdemeanor.
Sec. 4. NRS 204.010 is hereby amended to read as follows:
204.010 Every public officer or other person who [shall have] has in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money [shall be] is entrusted for safekeeping, or for transmission to any treasurer, other officer or person entitled to receive [the same, who shall use any of such] it, who uses any of the public money for his own private purposes, or for any purpose other than one [duly] authorized by law, shall, if the amount so unlawfully used is less than [$100, be deemed guilty of] $250, be punished for a misdemeanor.
Sec. 5. NRS 204.020 is hereby amended to read as follows:
204.020 Every public officer or other person who has in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money is entrusted for safekeeping or for transmission to any treasurer or other officer, or other person entitled to receive [the same,] it, who uses any of [such] the public money for his own private purposes, or for any purpose other than one [duly] authorized by law, if the amount unlawfully used is [$100] $250 or more, shall be punished by imprisonment in the state prison for a term 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.
Sec. 6. NRS 204.030 is hereby amended to read as follows:
204.030 1. It is unlawful for any public officer, and any other person receiving money on behalf of, or for or on account of, this state or of any department of the state government or of any bureau or fund created by law in which the state is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district:
(a) Knowingly to keep any false account, or make any false entry or erasure in any account, of or relating to any money so received by him;
(b) Fraudulently to alter, falsify, conceal, destroy or obliterate any such account; or
(c) Willfully to omit or refuse to pay over to the state, its officer or agent authorized by law to receive the [same, or to such] money, or to the county, city, town or [such] the school, municipal corporation, or district or to the proper officer or authority empowered to demand and receive [the same,] it, any money received by him as such an officer when it is a duty imposed upon him by law to pay over and account for the [same.]
κ1989 Statutes of Nevada, Page 1432 (CHAPTER 626, SB 196)κ
any money received by him as such an officer when it is a duty imposed upon him by law to pay over and account for the [same.] money.
2. Any person violating any of the provisions of subsection 1 shall be punished:
(a) Where the amount involved is [$100] $250 or more, 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.
(b) Where the amount involved is less than [$100,] $250, for a misdemeanor.
Sec. 7. NRS 204.050 is hereby amended to read as follows:
204.050 Every state, county, city or town treasurer who willfully misappropriates any money, funds or securities received by or deposited with him as such a treasurer, or who is guilty of any other malfeasance or willful neglect of duty in his office, shall be punished:
1. Where the amount misappropriated is [$100] $250 or more, 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. Otherwise, for a misdemeanor.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. NRS 205.130 is hereby amended to read as follows:
205.130 1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of [$100] $250 or more, the person [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. Any person previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who violates this section [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.
3. Any person who willfully issues any check or draft for the payment of wages in excess of [$100,] $250, when the person knows he has [knowledge of having] insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
4. For the purposes of this section, credit means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.
κ1989 Statutes of Nevada, Page 1433 (CHAPTER 626, SB 196)κ
Sec. 11. NRS 205.134 is hereby amended to read as follows:
205.134 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without [funds] sufficient money or with intent to defraud is punishable 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, and the issuance of such a check or draft in an amount of [$100] $250 or more or by a person who previously has been convicted three times of this or a similar offense is punishable 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. The superintendent of the state printing and micrographics division of the department of general services shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on the cost for each copy of the notice which is supplied.
3. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 205.220 is hereby amended to read as follows:
205.220 Except as otherwise provided in NRS 202.225 and 205.237, every person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of [$100] $250 or more, or the motor vehicle of another regardless of its value, is guilty of grand larceny, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and by a fine of not more than $10,000.
Sec. 14. NRS 205.225 is hereby amended to read as follows:
205.225 1. Every person who:
(a) Feloniously steals, takes and carries, leads, drives or entices away:
(1) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or
(2) One or more other domestic animals or poultry having an aggregate value of [$100] $250 or more,
not his own property but belonging to some other person;
(b) Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in subparagraph (1) of paragraph (a), not his own property but belonging to some other person, with intent thereby to steal the animal or to prevent the identification thereof by the true owner, or to defraud;
(c) With intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in subparagraph (1) of paragraph (a) or having an aggregate value of [$100] $250 or more, not his own, whether branded, marked or not; or
κ1989 Statutes of Nevada, Page 1434 (CHAPTER 626, SB 196)κ
(d) Sells or purchases, with intent to defraud, the hide or carcass of any animal described in subparagraph (1) of paragraph (a) the brand or mark on which has been cut out or obliterated,
is guilty of grand larceny, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and by a fine of not less than $1,000 for each animal which was involved.
2. All proceeds from any sale made in violation of subsection 1 are subject to forfeiture.
3. The court may order a person convicted pursuant to subsection 1 to make restitution to the victim of his crime for the value of each animal which was involved.
Sec. 15. NRS 205.235 is hereby amended to read as follows:
205.235 Every person who converts any manner of real estate, of the value of [$100] $250 or over, into personal property, by severing [the same] it from the realty of another, with felonious intent to and so steals, takes and carries it away [the same, shall be deemed] , is guilty of grand larceny, and shall be punished by imprisonment in the state prison for [any] a term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 205.240 is hereby amended to read as follows:
205.240 Except as otherwise provided in NRS 475.105, a person who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of [$100;] $250; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under [$100,] $250, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225,
commits petit larceny and is guilty of a misdemeanor.
Sec. 18. NRS 205.245 is hereby amended to read as follows:
205.245 Every person who [shall convert] converts any manner of real estate, of the value of under [$100,] $250, into personal property, by severing [the same] it from the realty of another, with felonious intent to and [shall so steal, take and carry away the same,] so steals, takes and carries it away, commits petit larceny and is guilty of a misdemeanor.
Sec. 19. NRS 205.2707 is hereby amended to read as follows:
205.2707 1. Every person who feloniously steals, takes and carries away money, goods or property of the value of [$100] $250 or more from vending machines within a period of 1 week 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.
2. In determining whether the value of the money, property or goods taken is of the value of [$100] $250 or more, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the money, goods or property.
Sec. 20. NRS 205.275 is hereby amended to read as follows:
205.275 1. Every person who, for his own gain, or to prevent the owner from again possessing his property, buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:
κ1989 Statutes of Nevada, Page 1435 (CHAPTER 626, SB 196)κ
stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:
(a) Knowing that the goods or property were so obtained; or
(b) Under such circumstances as should have caused a reasonable man to know that [such] the goods or property were so obtained,
shall be punished by imprisonment in the state prison for a term 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. Every such person may be tried, convicted and punished as well before as after the trial of the principal.
2. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturers serial number or manufacturers identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.
3. No person convicted of the offense specified in this section may be condemned to imprisonment in the state prison, unless the value of the thing bought, received, possessed or withheld is [$100,] $250 or more, but the person shall be punished as provided in cases of petit larceny.
Sec. 21. NRS 205.365 is hereby amended to read as follows:
205.365 Any person , [or persons,] after once selling, bartering or disposing of any tract [or tracts] of land, town lot , [or lots,] or executing any bond or agreement for the sale of any [lands] land or town lot , [or lots,] who again, knowingly and fraudulently, sells, barters or disposes of the same tract [or tracts] of land [, or town lot or lots,] or lot, or any part thereof, or knowingly and fraudulently executes any bond or agreement to sell or barter, or dispose of the same land [, or lot or lots,] or lot, or any part thereof, to any other person , [or persons,] for a valuable consideration, shall be punished:
1. Where the value of the property so involved is [$100] $250 or more, 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. Where the value of the property is less than [$100,] $250, for a misdemeanor.
Sec. 22. NRS 205.370 is hereby amended to read as follows:
205.370 Any person who, by false representations of his own wealth, or mercantile correspondence and connections, obtains a credit thereby and defrauds any person [or persons] of money, goods, chattels or any valuable thing, or if any person causes or procures [others] another to report falsely of his wealth or mercantile character, and by thus imposing upon any person [or persons obtain] obtains credit and thereby fraudulently gets into the possession of goods, wares or merchandise, or other valuable thing, is a swindler, and shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be punished:
1. Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is [$100] $250 or more, 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. Otherwise, for a misdemeanor.
κ1989 Statutes of Nevada, Page 1436 (CHAPTER 626, SB 196)κ
Sec. 23. NRS 205.380 is hereby amended to read as follows:
205.380 1. Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor so fraudulently obtained was [$100] $250 or more, 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, and be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor so fraudulently obtained was less than [$100,] $250, for a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of intent to defraud.
4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank, in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor so fraudulently obtained was [$100] $250 or more, 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.
κ1989 Statutes of Nevada, Page 1437 (CHAPTER 626, SB 196)κ
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. If the value of the property, rent or labor so fraudulently obtained was less than [$100,] $250, 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.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and micrographics division of the department of general services, who may charge a fee based on the cost for each copy of the notice supplied to any person.
Sec. 24. NRS 205.415 is hereby amended to read as follows:
205.415 Every person who sells one or more tickets to any ball, benefit or entertainment, or asks or receives any subscription or promise thereof, for the benefit or pretended benefit of any person, association or order, without being [duly] authorized thereto by the person, association or order for whose benefit or pretended benefit it is done, shall be punished:
1. Where the amount received from such sales, subscriptions or promises totals [$100] $250 or more, 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. Otherwise, for a misdemeanor.
Sec. 25. NRS 205.445 is hereby amended to read as follows:
205.445 1. It is unlawful for any person:
(a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodginghouse, furnished apartment house, furnished bungalow court, furnished [auto] automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with intent to defraud the proprietor or manager thereof;
(b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodginghouse, furnished apartment house, furnished bungalow court, furnished [auto] automobile camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or
(c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodginghouse, furnished apartment house, furnished bungalow court, furnished [auto] automobile camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his baggage therefrom, without paying for his food or accommodations.
2. Any person who violates any of the provisions of subsection 1 shall be punished:
(a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one such establishment is [$100] $250 or more, 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.
(b) Otherwise, for a misdemeanor.
κ1989 Statutes of Nevada, Page 1438 (CHAPTER 626, SB 196)κ
3. Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for [such] the food, foodstuffs, lodging, merchandise or other accommodations, or that he gave in payment for [such] the food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that he absconded without paying or offering to pay for [such] the food, foodstuffs, lodging, merchandise or other accommodations, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie evidence of the fraudulent intent mentioned in this section.
4. This section does not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.
Sec. 26. NRS 205.480 is hereby amended to read as follows:
205.480 1. It is unlawful to obtain or attempt to obtain telephone or telegraph service with intent to avoid payment therefor by:
(a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;
(b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled (as distinguished from expired) credit card after notice of revocation or cancellation has been given to the holder;
(c) Using a code, prearranged scheme or other similar device to send or receive information;
(d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;
(e) Using any other deception, false token or other means to avoid payment for the service; or
(f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.
2. If the value of the service involved is [$100] $250 or more, any person violating the provisions of this section 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. If the value of the service involved is less than [$100] $250 any person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years [prior to] before the time the indictment is found or the information is filed may be aggregated.
3. This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for [such] the service would have been billable in the normal course by a person, firm or corporation providing [such] the service in Nevada but for the fact that [such] the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
κ1989 Statutes of Nevada, Page 1439 (CHAPTER 626, SB 196)κ
Sec. 27. NRS 205.517 is hereby amended to read as follows:
205.517 1. It is unlawful for a person to receive an advance fee, salary, deposit or money [for the purpose of obtaining] to obtain a loan for another unless he:
(a) Places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan; or
(b) Refunds the full amount of the payment immediately upon demand of the person who made the payment.
2. Advance payments to cover reasonably estimated costs are excluded from the provisions of subsection 1 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.
3. Any person who violates the provisions of this section:
(a) Is guilty of a misdemeanor if the amount is less than [$100;] $250;
(b) Is guilty of a gross misdemeanor if the amount is [$100] $250 or more but less than $1,000; or
(c) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000 , or by both fine and imprisonment, if the amount is $1,000 or more.
Sec. 28. NRS 205.520 is hereby amended to read as follows:
205.520 A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that the goods covered by the document of title have not been received by him, or are not under his control at the time the document is issued, shall be punished:
1. Where the value of the goods purported to be covered by [such] the document of title is [$100] $250 or more, 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. Where such value is less than [$100,] $250, for a misdemeanor.
Sec. 29. NRS 205.540 is hereby amended to read as follows:
205.540 Except as otherwise provided in chapter 104 of NRS, a bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a duplicate or additional negotiable document of title, knowing that a former negotiable document for the same goods or any part of them is outstanding and uncanceled, shall be punished:
1. Where the value of the goods purported to be covered by [such] the document of title is [$100] $250 or more, 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. Where [such] the value is less than [$100,] $250, for a misdemeanor.
Sec. 30. NRS 205.570 is hereby amended to read as follows:
205.570 1. Every person who, with intent to defraud, obtains a negotiable document of title for goods to which he does not have title, or which are subject to a security interest, and negotiates the document for value, without disclosing his want of title or the existence of the security interest, shall be punished:
κ1989 Statutes of Nevada, Page 1440 (CHAPTER 626, SB 196)κ
1. Where the value of the goods purported to be covered by [such] the document of title is [$100] $250 or more, 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. Where [such] the value is less than [$100,] $250, for a misdemeanor.
Sec. 31. NRS 205.580 is hereby amended to read as follows:
205.580 Every person who, with intent to defraud, secures the issue by a bailee of a negotiable document of title, knowing at the time of issue that any or all of the goods are not in possession of the bailee, by inducing the bailee to believe that the goods are in the bailees possession, shall be punished:
1. Where the value of the goods purported to be covered by the document of title is [$100] $250 or more, 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. Where [such] the value is less than [$100,] $250, for a misdemeanor.
Sec. 32. NRS 205.590 is hereby amended to read as follows:
205.590 Every person who, with intent to defraud, negotiates or transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee [which] who issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, shall be punished:
1. Where the value of the goods purported to be covered by [such] the document of title is [$100] $250 or more, 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. Where [such] the value is less than [$100,] $250, for a misdemeanor.
Secs. 33-35. (Deleted by amendment.)
Sec. 36. NRS 207.340 is hereby amended to read as follows:
207.340 1. As used in this section, unless the context otherwise requires:
(a) Authorization to purchase means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.
(b) Act means the Food Stamp Act of 1964 (7 U.S.C. §§ 2011, et seq.) and regulations promulgated thereunder.
(c) Coupon means a food stamp issued by the United States Department of Agriculture as provided in the Act.
2. Any person who knowingly uses, transfers, acquires, alters or possesses coupons or authorizations to purchase and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons or authorizations to purchase which are received, transferred or used in a manner not authorized by the Act, shall be punished:
(a) For a misdemeanor, if the value of the coupons or authorizations to purchase is less than [$100.] $250.
(b) If the value of the coupons or authorizations to purchase is [$100] $250 or more, 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, and be sentenced to restore the amount of the value so obtained, if it can be done.
κ1989 Statutes of Nevada, Page 1441 (CHAPTER 626, SB 196)κ
3. Any district attorney or the attorney general may commence proceedings to enforce the provisions of this section in any court of competent jurisdiction.
Sec. 37. NRS 281.230 is hereby amended to read as follows:
281.230 1. Except as otherwise provided in NRS 218.605, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, is void.
3. Every person [violating] who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where the commission, personal profit or compensation is [$100] $250 or more, 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.
(b) Where the commission, personal profit or compensation is less than [$100,] $250, for a misdemeanor.
4. Every person [violating] who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.
Sec. 38. NRS 475.105 is hereby amended to read as follows:
475.105 A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:
1. If the device has a value of less than [$100,] $250, is guilty of a gross misdemeanor.
2. If the device has a value of [$100] $250 or more, is guilty of grand larceny, and 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.
Sec. 39. NRS 482.547 is hereby amended to read as follows:
482.547 1. It is unlawful for any person to sell, offer to sell or display for sale any vehicle unless the person is:
(a) The lienholder, owner or registered owner of the vehicle;
(b) A repossessor of the vehicle, or holder of a statutory lien on the vehicle, selling the vehicle on a bid basis; or
(c) A manufacturer, distributor, rebuilder, lessor or dealer licensed under the provisions of this chapter.
κ1989 Statutes of Nevada, Page 1442 (CHAPTER 626, SB 196)κ
2. The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a vehicle pursuant to powers or duties granted or imposed by law.
3. A person who violates any of the provisions of this section shall be punished:
(a) If the value of the vehicle sold, offered or displayed is [$100] $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) If the value of the vehicle is less than [$100,] $250, for a misdemeanor.
Sec. 40. NRS 645B.165 is hereby amended to read as follows:
645B.165 1. The amount of any advance fee, salary, deposit or money paid to any mortgage company or other person [for the purpose of obtaining] to obtain a loan which will be secured by a lien on real property [shall] must be placed in escrow pending completion of the loan or a commitment for the loan. Any mortgage company or other person who receives such an advance payment and does not place it in escrow shall refund the full amount of the payment immediately upon demand of the person who made the payment.
2. The amount held in escrow [shall] must be released:
(a) Upon completion of the loan or commitment for the loan, to the mortgage company or other person to whom the advance fee, salary, deposit or money was paid.
(b) If the loan or commitment for the loan fails, to the person who made the payment.
3. Advance payments to cover reasonably estimated costs are excluded from the provisions of subsections 1 and 2 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 4. For loan applications of $50,000 or less, a mortgage company may retain advance payments only for costs paid to third parties.
4. Any person who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor if the amount is less than [$100;] $250;
(b) Is guilty of a gross misdemeanor if the amount is [$100] $250 or more but less than $1,000; or
(c) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.
Sec. 41. NRS 645B.225 is hereby amended to read as follows:
645B.225 Any person who violates any provision of NRS 645B.170, 645B.175 or 645B.180:
1. Is guilty of a misdemeanor if the amount involved is less than [$100;] $250;
2. Is guilty of a gross misdemeanor if the amount involved is [$100] $250 or more but less than $1,000; or
κ1989 Statutes of Nevada, Page 1443 (CHAPTER 626, SB 196)κ
3. Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount involved is $1,000 or more.
Sec. 42. NRS 668.055 is hereby amended to read as follows:
668.055 Every president, director, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any money, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with intent to injure or defraud any bank or person, or to deceive any bank, or officer of any bank, and any natural person who, with like intent, aids or abets any officer, clerk or agent in any violation of this section, shall be punished:
1. Where the amount involved is [$100] $250 or more, 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. Where the amount involved is less than [$100,] $250, for a misdemeanor.
Sec. 43. Section 13 of this act becomes effective at 12:01 a. m. on October 1, 1989.
________
Senate Bill No. 515Committee on Judiciary
CHAPTER 627
AN ACT relating to criminal proceedings; extending the period in which a person may be prosecuted for sexually abusing a child; 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 171.095 is hereby amended to read as follows:
171.095 1. If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense, but if any indictment found, or an information or complaint filed, within the time thus prescribed is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
2. An indictment may be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, at any time until the victim of the sexual abuse is [18] 21 years old . [if:
(a) The child did not earlier report the offense to any person who had a duty pursuant to NRS 432B.220 to report the abuse; and
κ1989 Statutes of Nevada, Page 1444 (CHAPTER 627, SB 515)κ
(b) No other report of the offense was made to an agency which provides protective services or to a law enforcement agency.]
________
Assembly Bill No. 157Assemblyman DuBois
CHAPTER 628
AN ACT relating to water; clarifying the authority of certain local governments to limit the recreational use of water; clarifying the obligation of certain suppliers to furnish water under certain circumstances; authorizing the establishment of rates in the Las Vegas Valley Water District which encourage the conservation of water; and providing other matters properly relating thereto.
[Approved June 30, 1989]
whereas, The rapid growth of the population of this state is focusing attention on our limited supply of water; and
whereas, The conservation and development of water resources is vital to the future growth and prosperity of this state; and
whereas, Long-range forecasts of the future supply and demand for water in this state should be considered; and
whereas, Large metropolitan areas of this state are experiencing rapid population growth and expanding use of man-made lakes and streams for recreational purposes in new developments; and
whereas, Such growth and expanding use of water has focused attention on the need for conservation of the limited supply of water and regulation of its use; and
whereas, Local governments and suppliers of water in large metropolitan areas need the ability to encourage conservation and manage the use of the limited water supply in future developments; and
whereas, There are a number of projects in various stages of development that should not be affected by limitations on future developments; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, and except as otherwise provided in this section, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.
3. Subject to the provisions of NRS 533.395, the appropriation of water or the acquisition or lease of appropriated water from any:
(a) Stream system as provided for in this chapter; or
(b) Underground water as provided for in NRS 534.080, by a political subdivision of this state or a public utility as defined in NRS 704.020 to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the state engineer, is a beneficial use.
κ1989 Statutes of Nevada, Page 1445 (CHAPTER 628, AB 157)κ
by a political subdivision of this state or a public utility as defined in NRS 704.020 to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the state engineer, is a beneficial use.
4. Except as otherwise provided in subsection 5, in any county whose population is 400,000 or more:
(a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the unincorporated areas of the county.
(b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the boundaries of the city.
5. In any county whose population is 400,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 4 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 2. Chapter 541 of NRS is hereby amended by adding thereto a new section to read as follows:
In any county whose population is 400,000 or more:
1. Except as otherwise provided in subsection 2, nothing in this chapter requires the board or a subcontracting agency to furnish water for the purpose of filling or maintaining a man-made lake or stream where that use of water is prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream is located within the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is located within the boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 3. Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:
In any county whose population is 400,000 or more:
1. Except as otherwise provided in subsection 2, nothing in this chapter requires a district to furnish water for the purpose of filling or maintaining a man-made lake or stream where that use of water is prohibited or restricted by ordinance of:
κ1989 Statutes of Nevada, Page 1446 (CHAPTER 628, AB 157)κ
(a) The county, if the man-made lake or stream is located within the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is located within the boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 4. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
In any county whose population is 400,000 or more:
1. Except as otherwise provided in subsection 2, nothing in this chapter requires a public utility to furnish water for the purpose of filling or maintaining a man-made lake or stream where that use of water is prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream is located within the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is located within the boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 5. Chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding a new section to be designated as sections 1.2, immediately following section 1.1, to read as follows:
Sec. 1.2. 1. Except as otherwise provided in subsection 2, nothing in this chapter requires the district to furnish water for the purpose of filling or maintaining a man-made lake or stream where that use of water is prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream is located within the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is located within the boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
κ1989 Statutes of Nevada, Page 1447 (CHAPTER 628, AB 157)κ
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 6. Section 16d of chapter 167, Statutes of Nevada 1947, as last amended by chapter 358, Statutes of Nevada 1975, at page 505, is hereby amended to read as follows:
Sec. 16d. 1. It is the intent of this act that, so far as possible, the principal of and interest on any bonds issued by the district be paid from revenues from the works and properties of the district. The board shall from time to time establish reasonable rates and charges for the products and services furnished by such works and properties, and no board or commission other than the governing body of the district [shall have] has authority to fix or supervise the making of [such] those rates and charges. [Such] The rates and charges may be in such forms as, but not exclusively limited to, service charges, monthly commodity charges, late charges, delinquent processing charges, lump-sum installment charges or connection charges . [if such rates and charges represent an] In establishing the rates, the board shall consider the equitable allocation and recovery of costs of providing facilities and delivery of water service [.] , except that the rates may be established in such a way as to encourage the conservation of water. Service from different sources or to areas which are noncontiguous to the existing service area of the district may be deemed to be different classes or conditions of service for the purposes of this section.
2. Subject to the limitation that the rates and charges be reasonable, the board shall fix rates and charges which will produce sufficient revenues to pay the operating and maintenance expenses of such works and properties, the general expenses of the district, [and] the principal of and interest on all outstanding bonds of the district as the same fall due and any payments required to be made into any sinking fund for [said bonds; provided, however, anything] such bonds.
3. Anything to the contrary in this act notwithstanding , the district may, in any contract with the United States of America, the State of Nevada, or the Colorado River commission, agree to furnish water to any of the foregoing, or to purchasers, lessees [,] or others holding under any of the foregoing, at such rates, charges [,] or other consideration as may be specified in [any such] the contract.
Sec. 7. The amendatory provisions of this act do not apply to a body of water that:
1. Was filled; or
2. Is located in an unincorporated area of a county or in a city, if the county or city, as the case may be, approved comprehensive plans or granted variances, permits or other approvals for the body of water, or if that county or city makes a determination that a substantial capital investment involving the design, planning or construction of, or the obtaining of official permits and approvals for, the body of water was made,
before the effective date of this act or before the effective date of an ordinance adopted pursuant to the amendatory provisions of this act that would otherwise apply to the body of water, whichever is later.
κ1989 Statutes of Nevada, Page 1448 (CHAPTER 628, AB 157)κ
Sec. 8. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 195Assemblymen Callister, Porter, Adler, Nevin, Freeman, Chowning, Humke, Evans, Wisdom, Gaston, Wendell Williams, DuBois, Myrna Williams, McGaughey, Garner, Kissam and Regan
CHAPTER 629
AN ACT relating to collection agencies; limiting the prohibition against operating a collection agency business in conjunction with a debt counseling service; 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 649.375 is hereby amended to read as follows:
649.375 A collection agency, or its manager, agents or employees, shall not:
1. Use any device, subterfuge, pretense or deceptive means or representations to collect any debt, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
2. Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless any such interest as authorized by law has been added to the principal of the debt by the collection agency immediately upon receipt of [such] the item of collection and described as [such] that in the first communication had with the debtor for satisfaction of the total obligation then owed and outstanding, or unless [such] the interest, charge, fee or expense have thereafter been judicially determined as proper and legally due from and chargeable against the debtor.
3. Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for the assignment or transfer. The written consent must contain an agreement with the customer as to all terms and conditions of the assignment or transfer, including the name and address of the intended assignee. Prior written consent of the commissioner must also be obtained for any bulk assignment or transfer of claims or accounts, and any assignment or transfer may be regulated and made subject to such limitations or conditions as the commissioner by regulation may reasonably prescribe.
4. Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the commissioner.
5. Harass a debtors employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the commissioner.
κ1989 Statutes of Nevada, Page 1449 (CHAPTER 629, AB 195)κ
6. Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.
7. Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.
8. Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service for a debtor who has incurred a debt primarily for personal, family or household purposes whereby [a] the debtor assigns or turns over to the counselor or prorater any of his earnings or other money for apportionment and payment of his debts or obligations. This section does not prohibit the conjunctive operation of a business of commercial debt adjustment with a collection agency if the business deals exclusively with the collection of commercial debt.
Sec. 2. NRS 676.330 is hereby amended to read as follows:
676.330 It is unlawful for a licensee to:
1. Purchase from a creditor any obligation of a debtor.
2. Operate as a collection agent and as a licensee as to any one [debtors account.] debtor who has incurred a debt primarily for personal, family or household purposes.
3. Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in and finished.
4. Receive or charge any fee in the form of a promissory note or other promise to pay, or receive or accept any mortgage or other security for any fee, either as to real or personal property.
5. Pay any bonus or other consideration to any person for the referral of a debtor to its business, nor shall it accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason.
6. Advertise its services, display, distribute, broadcast or televise or permit to be displayed, advertised, distributed, broadcast or televised its services in any manner whatsoever whereby any false, misleading or deceptive statement or representation with regard to the services to be performed by the licensee or the charges to be made therefor is made.
________
κ1989 Statutes of Nevada, Page 1450κ
Assembly Bill No. 560Committee on Commerce
CHAPTER 630
AN ACT relating to pharmacy; authorizing agents designated by the state board of pharmacy to supervise the destruction of an unsafe pharmaceutical preparation, drug or chemical; 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 639.282 is hereby amended to read as follows:
639.282 1. Except as provided in NRS 639.267, it is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:
(a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist;
(b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;
(c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;
(d) Is no longer safe or effective for use, as indicated by the expiration date appearing on the label thereof; or
(e) Has not been properly stored or refrigerated as required by the label thereof.
2. The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. No such preparation, drug or chemical may be sold or otherwise disposed of until the certification [above referred to] has been presented to and approved by the board.
3. In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the board [.] , or two persons designated as agents by the board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.
4. As used in this section, health care board includes the state board of pharmacy, the state board of nursing, the board of medical examiners and the Nevada state board of veterinary medical examiners.
________
κ1989 Statutes of Nevada, Page 1451κ
Assembly Bill No. 593Committee on Judiciary
CHAPTER 631
AN ACT relating to crimes against property; establishing the crime of invasion of the home; providing a penalty; 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 200.030 is hereby amended to read as follows:
200.030 1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait, torture or child abuse, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child or sexual molestation of a child under the age of 14 years; or
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.
4. Every person convicted of murder of the first degree shall be punished:
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances.
(b) Otherwise, by imprisonment in the state prison for life with or without possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
5. Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
6. As used in this section:
(a) Child abuse means physical injury of a nonaccidental nature to a child under the age of 18 years;
(b) Sexual abuse of a child means any of the acts described in NRS 432B.100; and
(c) Sexual molestation means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
Sec. 2. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
κ1989 Statutes of Nevada, Page 1452 (CHAPTER 631, AB 593)κ
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary , invasion of the home or kidnaping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, [for the purpose of receiving] to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection , peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles and public safety, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
Sec. 3. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.
2. Any person convicted of invasion of the home 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 invasion of the home and who has previously been convicted of burglary or invasion of the home may be released on probation or granted a suspension of his sentence.
κ1989 Statutes of Nevada, Page 1453 (CHAPTER 631, AB 593)κ
3. Whenever an invasion of the home is committed 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 conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car traveled during the time the invasion was committed.
4. A person convicted of invasion of the home 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.
5. As used in this section:
(a) Forcibly enters means the entry of an inhabited dwelling involving any act of physical force resulting in damage to the structure.
(b) Inhabited dwelling means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.
Sec. 4. NRS 205.070 is hereby amended to read as follows:
205.070 Every person who, in the commission of a burglary [, shall commit] or invasion of the home, commits any other crime, [shall be punished therefor as well as for the burglary, and] may be prosecuted for each crime separately.
Sec. 5. NRS 205.080 is hereby amended to read as follows:
205.080 1. Every person who [shall make or mend or cause] makes or mends or causes to be made or mended, or [have] has in his possession in the day or nighttime, any engine, machine, tool, false key, picklock, bit, nippers or implement adapted, designed or commonly used for the commission of burglary, invasion of the home, larceny or other crime, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, shall be guilty of a gross misdemeanor.
2. The possession thereof except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, shall be prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime.
Sec. 6. NRS 41.135 is hereby amended to read as follows:
41.135 A person who is convicted of committing or attempting to commit sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual molestation of a child under the age of 14 years or any criminal homicide may not bring an action against the victim or the victims estate for injuries sustained by the offender in the course of the crime.
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, invasion of the home, grand larceny or pandering a violation of section 1 of [this act] chapter 311, Statutes of Nevada 1989, [or] NRS 465.070 to 465.085, inclusive, [or] section 1 of Assembly Bill No.
κ1989 Statutes of Nevada, Page 1454 (CHAPTER 631, AB 593)κ
kidnaping, burglary, invasion of the home, grand larceny or pandering a violation of section 1 of [this act] chapter 311, Statutes of Nevada 1989, [or] NRS 465.070 to 465.085, inclusive, [or] section 1 of Assembly Bill No. 329 of this session, or [a violation of] section 1 of Assembly Bill No. 696 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) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not 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) A conveyance is not 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. 8. NRS 412.562 is hereby amended to read as follows:
412.562 Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this code may be guilty shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, sexual assault, larceny and wrongful appropriation for value of $100 and over, robbery, maiming, sodomy, arson, extortion, assault, burglary or [housebreaking,] invasion of the home, jurisdiction of which is reserved to civil courts, except as provided in NRS 412.322.
Sec. 9. Sections 1 and 7 of this act become effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 1455κ
Assembly Bill No. 641Committee on Health and Welfare
CHAPTER 632
AN ACT relating to programs of public assistance; authorizing the welfare division of the department of human resources to provide prenatal care to pregnant women who are indigent; requiring the welfare division to adopt regulations concerning the provision of that care; 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 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. As part of the health and welfare programs of this state, the welfare division may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this state.
2. The welfare division shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for assistance to the medically indigent and any other interested person, information concerning the prenatal care available pursuant to this section.
Sec. 3. The welfare division shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of section 2 of this act, and such other provisions relating to the development and administration of the program for prenatal care as the administrator and the board deem necessary.
________
Assembly Bill No. 691Committee on Natural Resources, Agriculture and Mining
CHAPTER 633
AN ACT relating to hazardous waste; authorizing the state environmental commission to grant variances from the regulations relating to the management of hazardous waste; 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 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The owner or operator of a facility for the treatment, storage or disposal of hazardous waste or a person who wishes to construct such a facility may apply to the commission for a variance from its applicable regulations. The commission may grant a variance only if, after a public hearing on due notice, it finds from a preponderance of the evidence that:
κ1989 Statutes of Nevada, Page 1456 (CHAPTER 633, AB 691)κ
(a) The facility or proposed facility, under the worst adverse conditions, does not or will not endanger or tend to endanger the environment and human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.
2. The commission shall not grant a variance unless it has considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the emissions or discharge; and
(c) The applicant.
3. The commission may:
(a) Upon granting a variance, impose certain conditions upon the applicant; or
(b) Revoke the variance if the applicant fails to comply with those conditions.
Sec. 3. 1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting.
2. An application for a renewal of a variance must be made at least 60 days before the expiration of the variance. The commission shall give public notice of the application.
3. If a protest is filed with the commission against the renewal, the commission shall hold a public hearing and shall not renew the variance unless it makes specific, written findings of fact which justify the renewal.
Sec. 4. 1. The commission may adopt regulations governing applications for variances.
2. The regulations may include, but are not limited to:
(a) The contents of the application; and
(b) The period for which a variance may be granted.
3. The commission may establish such fees as are necessary to cover the costs of reviewing and processing an application.
Sec. 5. No applicant is entitled to the granting or renewal of a variance as of right.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1457κ
Assembly Bill No. 700Assemblymen Dini, Sader, Bergevin and Adler
CHAPTER 634
AN ACT relating to agricultural loans; requiring the state department of agriculture to adopt regulations necessary to establish an agricultural loan mediation program in accordance with federal law and to administer the program; 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 561 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall adopt regulations necessary to establish an agricultural loan mediation program that complies with the requirements of 7 U.S.C. § 5101(c) for certification by the Secretary of Agriculture. The department shall establish fees to be charged by the department for participation in the program. The amount of the fees must be sufficient to cover the costs of administering the program.
2. The department shall administer the program established pursuant to subsection 1.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 702Committee on Education
CHAPTER 635
AN ACT relating to private education; amending certain definitions related to postsecondary educational institutions; requiring authorization for the employment of agents by such an institution; requiring the collection and disclosure of certain information to students; establishing minimum requirements for refunds; increasing the amount of the required bond for certain institutions; authorizing the commission on postsecondary education to impose administrative fines; making an appropriation; 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 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Confidential means information that is subject to disclosure only to:
1. The attorney general;
2. A member of the commission or its staff; or
3. As deemed appropriate by the administrator, a person responsible for reviewing the curriculum of a postsecondary educational institution.
κ1989 Statutes of Nevada, Page 1458 (CHAPTER 635, AB 702)κ
Sec. 3. Before a postsecondary educational institution employs agents or contracts with persons to act as agents for the institution, it must apply for and receive from the administrator authorization for the employment of agents.
Sec. 4. NRS 394.005 is hereby amended to read as follows:
394.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 394.006 to 394.112, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 394.009 is hereby amended to read as follows:
394.009 Agent means [any] :
1. In the case of a private elementary or secondary educational institution, a natural person owning an interest in, employed by or representing for remuneration [a private elementary, secondary or postsecondary educational] any such institution within or outside this state, or who holds himself out to residents of this state as representing [an elementary, secondary or postsecondary educational] any such institution for any purpose.
2. In the case of a postsecondary educational institution, a natural person representing the institution while off its premises and having the authority:
(a) To obligate the institution or a prospective student of the institution; or
(b) To accept money, on behalf of the institution, from any prospective student.
Sec. 6. NRS 394.099 is hereby amended to read as follows:
394.099 Postsecondary educational institution [is limited to] means an academic, vocational, technical, home study, business, professional or other school, college or university [which] that is privately owned, or any person offering postsecondary education if he:
1. Is not licensed as a postsecondary educational institution in this state by [another] a federal or another state agency;
2. Charges tuition, requires or requests donations or receives any consideration from a student [;] for any portion of the instruction, including written or audiovisual material;
3. Educates or trains persons who are not his employees; and
4. Educates or trains, or claims or offers to educate or train, students in a program leading toward:
(a) Employment at a beginning or advanced level;
(b) Educational credentials;
(c) Credits [which] that are intended to be applied toward an educational credential awarded in another state which does not require the person to obtain a majority of the credits required in that state; or
(d) Preparation for examinations for initial licensing in a profession or vocation , [; or
(e) Proficiency as an operator of motor vehicles,]
but a branch or extension of a public or private postsecondary educational institution of another state, [which] that is located in this state or which offers educational services or education in this state is a postsecondary educational institution.
Sec. 7. NRS 394.430 is hereby amended to read as follows:
394.430 1. The administrator shall:
κ1989 Statutes of Nevada, Page 1459 (CHAPTER 635, AB 702)κ
(a) Receive and investigate applications for a license [.] and applications to add a new vocational program or a new degree.
(b) Receive, investigate and act upon:
(1) Applications for an agents permit , [or a] renewal of a license or agents permit [;] or authorization for the employment of agents; and
(2) Changes in ownership or requirements for a degree.
(c) Recommend to the commission whether licensing is required.
2. The administrator may:
(a) With the approval of the commission, negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in his judgment the agreements are or will be helpful in effectuating the purposes of NRS 394.383 to 394.560, inclusive. Nothing contained in any reciprocity agreement may limit the powers, duties and responsibilities of the administrator independently to investigate or act upon any application for a license to operate a postsecondary educational institution, or an application for issuance or renewal of any agents permit, or with respect to the enforcement of any provision of this chapter, or any regulation promulgated pursuant to it.
(b) Investigate, on his own initiative or in response to any complaint lodged with him, any person subject to, or reasonably believed by the administrator to be subject to, the commissions jurisdiction. During an investigation he may:
(1) Subpena any persons, books, records or documents pertaining to the investigation;
(2) Require answers in writing under oath to questions prepared by him or the commission; and
(3) Administer an oath or affirmation to any person.
A subpena issued by the administrator may be enforced by any district court of this state.
(c) Exercise other powers implied but not enumerated in this section [which] that are necessary in order to carry out his duties.
Sec. 8. NRS 394.441 is hereby amended to read as follows:
394.441 A postsecondary educational institution shall:
1. Provide students and other interested persons with a catalog or brochure containing information describing the programs offered, objectives of the program, length of the program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, policies concerning cancellations and refunds, and other material facts concerning the institution and the program or course of instruction [which] that are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the administrator or defined in the regulations of the commission. The information must be provided before enrollment.
2. Provide each student who satisfactorily completes the training with appropriate educational credentials indicating:
(a) That the course of instruction or study has been satisfactorily completed by the student; and
(b) If the training does not lead to a degree, the number of hours of instruction or credits required of the student to complete the training.
κ1989 Statutes of Nevada, Page 1460 (CHAPTER 635, AB 702)κ
3. [Maintain] Unless otherwise authorized by the commission, maintain adequate records [in this state] at the licensed facility to reflect the attendance, progress and performance of each student [.] at the facility.
4. Provide each student with a copy of the agreement to enroll, dated and signed by the student or his guardian [.] and an officer of the institution.
5. For each program offered at the institution that does not lead to a degree, collect and maintain information concerning:
(a) The number of students enrolled in the program and the number and names of students who have obtained employment in related fields, with their locations of placement;
(b) The number of:
(1) Students enrolled in the program;
(2) Students who have graduated from the program; and
(3) Graduates who have obtained employment in fields related to the instruction offered in the program, with the average compensation of such graduates; or
(c) For each such program offered to prepare students for a licensing examination:
(1) The number of students enrolled in the program;
(2) The number of such students who have graduated from the program; and
(3) The number of such graduates who have passed the examination.
6. Select, from the information collected pursuant to subsection 5, the information relating to any 6-month period within the 18-month period preceding its next date for enrollment. The information for the period selected must be set forth in written form and posted conspicuously at the institution.
Sec. 9. NRS 394.447 is hereby amended to read as follows:
394.447 Accreditation may be accepted as evidence of compliance with the minimum standards established by the commission, or the administrator may require further evidence and make further investigation as in his judgment or the judgment of the commission [may be] are necessary. Accreditation may be accepted as evidence of [such] compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited. Upon request by the administrator, the institution shall submit copies of all written materials in its possession relating to its accreditation. The administrator shall keep the materials confidential.
Sec. 10. NRS 394.449 is hereby amended to read as follows:
394.449 1. [A] Except as otherwise provided in subsection 2, a postsecondary educational institution [which] that is not accredited must have a policy for cancellations and refunds which , unless it is more lenient , at least provides:
(a) [When] That if the school has substantially failed to furnish the instruction or services agreed upon in the enrollment agreement, the student must be refunded all the money he has paid.
(b) [When] That if a student withdraws, cancels his enrollment or is expelled by the school, the school may charge the student:
(1) Before the start of instruction, a [maximum of 5 percent of the cost of the course or program established in the agreement to enroll or $50, whichever is less.] registration fee of not more than 10 percent of the tuition.
κ1989 Statutes of Nevada, Page 1461 (CHAPTER 635, AB 702)κ
(2) After the start of instruction and before completion of 25 percent of the [course or] time or credits in the program, a [maximum of] registration fee of not more than 10 percent of the tuition, plus not more than 50 percent of the remaining cost of the [course or] program established in the agreement to enroll.
(3) Upon or after completion of 25 percent of the [course or] program, the entire cost of the [course or] program established in the agreement to enroll.
(c) If a notice of withdrawal by the student is by certified letter or personal delivery, the date of withdrawal is the date of the postmark or delivery. In any other case, the date of withdrawal is the last date of attendance. If the school expels the student, the school must communicate with the student by certified mail or another equally effective and documented method, and inform him of the expulsion, the reason for it and the effective date of expulsion and retain evidence to that effect in its records.
(d) All money collected in excess of the amounts allowed in this subsection must be refunded to the student or his lending agency within [30] 60 working days after withdrawal or expulsion.
2. A postsecondary educational institution that is not accredited and that offers any program of 300 or more hours of instruction, 18 or more quarter hours or 12 or more semester hours must have a policy for cancellations and refunds for students enrolled in the program that, unless it is more lenient, at least complies with the requirements of paragraphs (a), (c) and (d) of subsection 1 and, in addition, at least provides that if a student withdraws, cancels his enrollment or is expelled by the school, the school may charge the student:
(a) Before the start of instruction, a registration fee of not more than $100.
(b) After the start of instruction and:
(1) Before the completion of 5 percent of the time or credits in the program, a registration fee of not more than $100, plus not more than 10 percent of the remaining cost of the program established in the agreement to enroll;
(2) Before the completion of 10 percent of the time or credits in the program, a registration fee of not more than $100, plus not more than 25 percent of the remaining cost of the program established in the agreement to enroll;
(3) Before the completion of 25 percent of the time or credits in the program, a registration fee of not more than $100, plus not more than 50 percent of the remaining cost of the program established in the agreement to enroll; or
(4) Upon or after the completion of 25 percent of the time or credits in the program, the entire cost of the program established in the agreement to enroll.
3. Specific financial arrangements between the institution and the student about such educational items as the use or purchase of books and equipment for individual use are not included in the policy for refund. Disputes will be resolved by the administrator on a case-by-case basis.
[3.] 4. An accredited institution may use the policy for cancellations or refunds published by the body by which it was accredited [.] , if the policy is determined by the administrator to be reasonably comparable to that required by this section and the regulations of the commission.
κ1989 Statutes of Nevada, Page 1462 (CHAPTER 635, AB 702)κ
determined by the administrator to be reasonably comparable to that required by this section and the regulations of the commission.
Sec. 11. NRS 394.455 is hereby amended to read as follows:
394.455 1. The commission shall not issue a license to operate an unaccredited institution which grants degrees until the institution has been evaluated by the commission. Each existing or new institution must be evaluated at least once, but the commission may require subsequent evaluations.
2. The chairman of the commission shall appoint a panel of evaluators for each institution composed of representatives of institutions or businesses [which] that are directly affected by the program and persons who significantly contribute to the evaluation because of special knowledge. The administrator shall accompany the panel as an observer.
3. One hundred and twenty days before the meeting of the commission at which the issuance or renewal of a license will be considered, the panel of evaluators shall present to the administrator and to the institution a report specifying the extent to which the institution meets the standards established by the commission, and recommending:
(a) Issuance or renewal of the license with no qualifications;
(b) Issuance of a provisional license; or
(c) Revocation of the license.
4. The institutions response to the report must be received in the office of the administrator no later than 90 days before the meeting at which the license will be considered.
5. If the institutions response shows progress toward meeting the standards, or if the response furnishes information which indicates that the standards are being adhered to, the representatives of the panel of evaluators shall review the institution again to verify the response and incorporate it into their report. The panel of evaluators shall make a final report to the administrator no later than 45 days before the meeting at which the license will be considered.
6. The administrator may recommend that the commission accept the evaluation or that it reject the report. If the commission rejects the panels recommendation, it shall record the specific reason for doing so in its minutes.
Sec. 12. NRS 394.460 is hereby amended to read as follows:
394.460 1. Each person required to be licensed as a postsecondary educational institution [required to be licensed] by the commission or each postsecondary educational institution requesting to add a new program or degree or to renew a license must apply to the administrator, upon forms provided by him. The application must be accompanied by the required fees. The institutions curriculum and financial statement are confidential unless, in the opinion of the commission, they militate against the issuance of a license.
2. After review of the application, any other information required by the administrator and the report of the panel of evaluators, and an investigation of the applicant if necessary, the commission shall grant or deny a license or grant a provisional license for a term specified by the commission. Before the expiration of a provisional license, the administrator shall inspect the institution, or the commission may require the appointment of a panel of evaluators to inspect the institution, and recommend whether to revoke or continue the provisional license or to grant an unqualified license.
κ1989 Statutes of Nevada, Page 1463 (CHAPTER 635, AB 702)κ
provisional license or to grant an unqualified license. The commission may accept or reject the recommendation.
3. The license must state at least the following information:
(a) The date of issuance, effective date and term of the license.
(b) The correct name, address and owner of the institution.
(c) The approved degrees or occupational subjects.
(d) Any limitation considered necessary by the commission.
4. The term for which a license is given must not exceed 2 years. The license must be posted in a conspicuous place.
5. The license must be issued to the owner or governing body of the institution and is nontransferable. If a change in ownership of the institution occurs, the owner to whom the license was issued shall inform the administrator, and the new owner or governing body must, within 10 days after the change in ownership, apply for an approval of the change of ownership. If it fails to do so, the license terminates.
6. Within 10 days after a change of location or an addition of buildings or other facilities, the institution must file a notice of the change with the administrator.
7. At least 60 days before the expiration of a license, the institution must complete and file with the administrator an application for renewal of its license.
Sec. 13. NRS 394.465 is hereby amended to read as follows:
394.465 1. Except as otherwise provided in subsection 4, before a postsecondary educational institution employs or contracts with a person to occupy:
(a) An instructional position or to act as an agent for the institution, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicants background, limited to a photograph, history of residences, employment, education and criminal history, and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation.
(b) An administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicants background, including but not limited to, the items set forth in paragraph (a) of this subsection.
2. The sheriff shall retain one copy of the application and results of the investigation and forward one copy to the administrator. The administrator shall keep the results of the investigation confidential, except that if the investigation discloses that the applicant has been convicted of any felony, the administrator shall notify the applicant and the hiring institution of the conviction and the nature of the offense.
3. The applicant shall pay the cost of the investigation.
4. An applicant is not required to arrange for an investigation of his background if he is:
(a) Licensed by the superintendent of public instruction;
(b) An employee of the United States Department of Defense; or
κ1989 Statutes of Nevada, Page 1464 (CHAPTER 635, AB 702)κ
(c) A member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution.
Sec. 14. NRS 394.470 is hereby amended to read as follows:
394.470 1. Each person desiring to solicit or perform the services of an agent in this state must apply to the administrator upon forms provided by the administrator. The application must be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the administrator, include a copy of the application for an investigation of his background by the sheriff, and state the name of the institution [which] the applicant intends to represent. An agent representing more than one institution must obtain a separate agents permit for each institution represented, except that [when] if an agent represents institutions having a common ownership, only one agents permit is required with respect to the institutions. If any institution [which] the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by [the] :
(a) The information required of institutions making application for a license [. The application for an agents permit must also be accompanied by evidence] ;
(b) Evidence that the institution meets the criteria established for licensed institutions; and
(c) Evidence of the required surety bond and payment of the fees required by law.
2. After review of the application and other information submitted by the applicant, as required by regulation of the commission, and any investigation of the applicant [which] the administrator considers appropriate, the administrator shall grant or deny an agents permit to the applicant.
3. The agents permit must state in a clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the permit.
(b) The correct name and address of the agent.
(c) The names of the institutions [which] the agent is authorized to represent.
4. An agents permit must not be issued for a term of more than 1 year.
5. At least 30 days before the expiration of an agents permit, the agent must complete and file with the administrator an application for renewal of the permit. The administrator shall review and act upon the renewal application as provided in this section for an original application.
Sec. 15. NRS 394.480 is hereby amended to read as follows:
394.480 1. [When an application is made for an agents permit or renewal of a permit, a license to operate or renewal of a license, the administrator shall require the postsecondary educational institution which makes the application or which the applicant for the agents permit proposes to represent to file a surety bond in the sum of not less than $5,000.] Any postsecondary educational institution or other entity employing one or more agents shall file with the administrator a surety bond in the amount of $10,000. Any other postsecondary educational institution shall file a bond in the amount of $5,000. The bond must be executed by the institution or other entity as principal and by a surety company as surety.
κ1989 Statutes of Nevada, Page 1465 (CHAPTER 635, AB 702)κ
principal and by a surety company as surety. The bond must be payable to the State of Nevada and , except as otherwise provided in subsection 5, must be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by a final judgment to have suffered damage as a result of any act by the postsecondary educational institution [which] that is a violation of NRS 394.383 to 394.560, inclusive. [The] Except as otherwise provided in subsection 5, the bonding company shall provide indemnification upon receipt of written notice of such judgment. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety does not exceed the penal sum of the bond.
2. The surety bond must cover the period of the license to operate or the agents permit, as appropriate, except when a surety is released.
3. A surety on any bond filed [under] pursuant to this section may be released after the surety gives 30 days written notice to the administrator, but the release does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary institution or agent alleged to have occurred while the bond was in effect, nor for an institutions ceasing operations during the term for which tuition had been paid while the bond was in force.
4. A license or an agents permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section; but the administrator shall give the institution or agent, or both, at least 30 days written notice before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
5. If any student is entitled to a refund from an institution pursuant to any provision of NRS 394.383 to 394.560, inclusive, the surety is required to provide indemnification only if and to the extent that the assets of the institution are insufficient, upon liquidation, to satisfy the claim.
Sec. 16. NRS 394.490 is hereby amended to read as follows:
394.490 1. If the commission, upon review and consideration of a person required to be licensed or of an application for a license to operate, or the administrator, upon review and consideration of an application for an agents permit , [or] for renewal of a license or agents permit [,] or for authorization to employ agents, determines that the applicant fails to meet the criteria for granting the application, the administrator shall notify the applicant by certified mail, setting forth the reasons for the denial of the application.
2. The administrator may grant to an applicant for renewal an extension of time to eliminate the reasons recited in the denial letter if:
(a) The applicant has demonstrated his desire to meet the criteria; and
(b) The administrator reasonably believes that the applicant can correct the deficiencies within the extension period.
3. If the administrator denies an application for an agents permit, or an application for renewal, he shall notify the institution [which] the agent represented or sought to represent, setting forth the reasons for the denial.
Sec. 17. NRS 394.500 is hereby amended to read as follows:
394.500 Any person aggrieved by the denial of an agents permit or by the denial of authorization to employ agents is entitled to a hearing before the commission, if he submits a written request for a hearing within 15 days after the letter of denial is mailed to his last known address.
κ1989 Statutes of Nevada, Page 1466 (CHAPTER 635, AB 702)κ
commission, if he submits a written request for a hearing within 15 days after the letter of denial is mailed to his last known address. If no request is submitted within the prescribed period the denial is final.
Sec. 18. NRS 394.510 is hereby amended to read as follows:
394.510 1. The commission may impose an administrative fine of not more than $10,000 against a licensee, revoke a license, or make [it] a license conditional after its issuance, if the commission reasonably believes that the holder has violated the provisions of NRS 394.383 to 394.560, inclusive, or regulations adopted pursuant to those sections, or has failed to comply with a lawful order of the commission. The administrator shall notify the institution of the reasons for the action by certified mail to its last known address, 20 days before the meeting of the commission at which the action will be considered.
2. If the commission revokes a license, the institution shall cease its operations and granting degrees and shall refund to each enrolled student the cost of his current course or program.
3. The administrator may impose an administrative fine of not more than $10,000 against an institution or agent, revoke an agents permit, or make [it] a permit conditional after its issuance, if he reasonably believes that the holder has violated the provisions of NRS 394.383 to 394.560, inclusive, or regulations adopted pursuant thereto. Before action is taken, the administrator shall notify the holder by certified mail of facts or conduct [which] that warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days after receipt of the notice letter. If no hearing is requested within the prescribed period the action becomes final.
4. If an [agents] agent is fined or his permit is revoked or conditions imposed, the administrator shall notify, by certified mail, the institution [which] the agent represented in addition to the agent and any other parties to any hearing.
Sec. 19. NRS 394.520 is hereby amended to read as follows:
394.520 1. [Any] Until 1 year after the last date of attendance or date on which the damage occurred, whichever is later, a person claiming damage as a result of any act by a postsecondary educational institution or its agent, or both, [which] that is a violation of NRS 394.383 to 394.560, inclusive, or regulations promulgated pursuant thereto, may file with the administrator a verified complaint against the institution, its agent, or both. The complaint must set forth the alleged violation and contain other information as required by regulations of the commission. A complaint may also be filed by a commissioner or the attorney general or initiated by the administrator.
2. The administrator shall investigate any verified complaint and may, at his discretion, attempt to effectuate a settlement by arbitration [.] , mediation or negotiation. The administrator may also consult with the applicable accrediting body to resolve the complaint. If a settlement cannot be reached , [by arbitration,] the administrator shall render a decision and notify [the parties] each party of the decision and the reasons for it by certified mail to his last known address. Either party may request a hearing before the commission by notifying the administrator by certified mail within 15 days after the decision was mailed to him. The hearing must be held at the next meeting of the commission in the geographical area convenient to the parties.
κ1989 Statutes of Nevada, Page 1467 (CHAPTER 635, AB 702)κ
of the commission in the geographical area convenient to the parties. If a hearing is not requested, the decision of the administrator is final.
3. If, after consideration of all the evidence presented at a hearing, the commission finds that a postsecondary educational institution or its agent, or both, [is] are guilty of the violation alleged in the complaint, it shall issue and the administrator shall serve upon the institution or agent, or both, an order to cease and desist from the violation. If the commission finds that the institution has substantially [breached] failed to furnish the instruction or services agreed upon in the agreement to enroll, it shall order the institution to make full restitution to the student of all money paid pursuant to the agreement. If the commission finds that the institution has substantially furnished the instruction or services agreed upon in the agreement to enroll, but that conditions in the school were sufficiently substandard that it was not reasonable to expect the student to complete the instruction, the commission shall order the institution to make restitution to the student of one-half the money paid pursuant to the agreement. The commission may also, as appropriate, based on the administrators investigation and the evidence adduced at the hearing, or either of them, institute proceedings to revoke an institutions license or recommend that the administrator institute proceedings to revoke an agents permit.
Sec. 20. NRS 394.540 is hereby amended to read as follows:
394.540 1. All fees must be collected by the administrator and deposited in the state treasury to the credit of the state general fund, and no fees so collected are subject to refund. [The fees, to be collected by the administrator, must accompany an application for a license or renewal, for an agents permit or renewal, for approval of a change of ownership or to add a degree or vocational program to the curriculum.]
2. The fees are:
(a) For a new license....................................................................... [$300] $1,500
(b) For a change of ownership................................................................................... 250
(c) To add a new degree or vocational program........................ ........................... 100
(d) [To renew a license................................................................................................ 250
(e)] For an agents permit or renewal........................................................................... 50
3. In addition, the administrator shall collect from each licensed postsecondary educational institution a fee equal to $4 for each student from which the institution has received tuition or registration fees. The institution shall collect this fee from each such student at the time of the students initial enrollment with the institution. On or before the first day of January, April, July and October, the institution shall transmit to the administrator the fees collected pursuant to this subsection during the preceding quarter. The administrator shall deposit the fees so transmitted with the state treasurer for credit to the state general fund.
Sec. 21. NRS 394.580 is hereby amended to read as follows:
394.580 1. Any person, private school or postsecondary educational institution, whether or not a resident of or having a place of business in this state, [which] that instructs or educates, or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract, to provide [instructional or] education, educational services or educational credentials in this state, whether [the instruction or services are] provided in person or by correspondence, to a resident of this state [, or which offers to award or awards any educational credentials to a resident of this state,] or a resident of another state if provided by a person in this state, thereby submits to the jurisdiction of the courts of this state, concerning any cause of action arising from violation of any section of this chapter.
κ1989 Statutes of Nevada, Page 1468 (CHAPTER 635, AB 702)κ
correspondence, to a resident of this state [, or which offers to award or awards any educational credentials to a resident of this state,] or a resident of another state if provided by a person in this state, thereby submits to the jurisdiction of the courts of this state, concerning any cause of action arising from violation of any section of this chapter. If the institution is a natural person, he thereby submits himself or his personal representative to such jurisdiction.
2. Service of process upon any institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by the Nevada Rules of Civil Procedure, with the same effect as if the summons had been personally served within this state.
3. This section does not limit the right to serve any process as prescribed by the Nevada Rules of Civil Procedure.
Sec. 22. NRS 394.630 is hereby amended to read as follows:
394.630 No person, firm, association, partnership or corporation may award, bestow, confer, give, grant, convey or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word associate, bachelor, baccalaureate, master, doctor or fellow, or any abbreviation thereof, unless it is a school, academy, institute, community college, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state [which] that offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level, and:
1. Is accredited ; [by an accrediting association recognized by the United States Department of Education;] or
2. Has filed and kept current with appropriate amendments, in the office of the administrator, an affidavit by the president of the institution stating that the majority of the course credits offered by the institution are generally acceptable or transferrable to at least one college or university that is accredited . [by an accrediting association recognized by the United States Department of Education.]
Sec. 23. 1. There is hereby appropriated from the state general fund to the commission on postsecondary education for its support:
For the fiscal year 1989-90........................................................................... $31,550
For the fiscal year 1990-91........................................................................... $50,757
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 24. The amendatory provisions of section 15 of this act, by which the liability of a surety is made conditional, do not apply during the term of the bond to any bond in force on July 1, 1989.
Sec. 25. 1. Section 20 of this act becomes effective January 1, 1990.
2. The remaining sections of this act become effective July 1, 1989.
________
κ1989 Statutes of Nevada, Page 1469κ
Assembly Bill No. 760Committee on Government Affairs
CHAPTER 636
AN ACT relating to public financial administration; consolidating and eliminating various funds that do not need to operate as independent fiscal and accounting entities; 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 118B.185 is hereby amended to read as follows:
118B.185 1. Each owner of a mobile home park shall pay to the division an annual fee established by the administrator which must not exceed $3 for each lot occupied within that park.
2. If an owner fails to pay the fee within 30 days after receiving written notice of its amount, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his tenants.
3. All fees collected by the division pursuant to subsection 1 must be deposited in the state treasury for credit to the [fund] account for regulating mobile home parks [which is hereby created as a special revenue fund.] within the fund for manufactured housing created pursuant to NRS 489.491. All expenses related to the regulation of mobile home parks must be paid from the [fund. The fund] account. The account must not be used for any other purpose. Claims against the [fund] account must be paid as other claims against the state are paid.
Sec. 2. NRS 207.415 is hereby amended to read as follows:
207.415 1. The [revolving fund] account for the prosecution of racketeering is hereby created [as a revolving special revenue fund.] within the attorney generals special fund created pursuant to NRS 228.096. Any amount of the balance in the [fund] account in excess of $50,000 must be deposited in the state general fund.
2. The attorney general shall use the money in the [fund] account to pay the expenses involved in the investigation of racketeering activity and any civil action or criminal prosecution related thereto. He may distribute money in the [fund] account to other law enforcement agencies in this state for similar use. To the extent possible, each [such] agency receiving money from the account shall reimburse the [fund] account with money it obtains as a result of a forfeiture or settlement which arises from any civil action or criminal prosecution related to racketeering activity. Each such agency shall also deposit in the [fund] account an amount equal to 10 percent of the actual value of any other proceeds or property obtained in the forfeiture or settlement.
Sec. 3. NRS 210.150 is hereby amended to read as follows:
210.150 The superintendent is authorized to buy and sell hay, grain, produce, livestock, and such other farm supplies and equipment as may be necessary from time to time. Money obtained from the sale of [such] those items must be deposited in the state treasury for credit to the [contingency fund] account for the farm of the youth training center [which is hereby created as a special revenue fund.
κ1989 Statutes of Nevada, Page 1470 (CHAPTER 636, AB 760)κ
fund] account for the farm of the youth training center [which is hereby created as a special revenue fund. The fund] within the general fund. The account is a continuing [fund] account without reversion, and must be expended for supplies and equipment needed by the school in accordance with the provisions of the State Budget Act. The money in the [fund] account must be paid out on claims as other claims against the state are paid. All claims must be approved by the superintendent before they are paid. The superintendent shall keep a record of all transactions pertaining to the [fund.] account.
Sec. 4. NRS 228.340 is hereby amended to read as follows:
228.340 1. The [fund] account for the consumers advocate is hereby created [as a special revenue fund.] within the attorney generals special fund created pursuant to NRS 228.096. All money collected for the use of the consumers advocate must be deposited in the state treasury for credit to the [fund.] account.
2. Money in the [fund] account may be used only to defray the costs of maintaining the office of the consumers advocate and for carrying out the provisions of NRS 228.300 to 228.400, inclusive.
3. All claims against the [fund] account must be paid as other claims against the state are paid.
Sec. 5. NRS 228.350 is hereby amended to read as follows:
228.350 All gifts and grants of money which the consumers advocate is authorized to accept must be deposited with the state treasurer for credit to the [fund] account for the consumers advocate.
Sec. 6. NRS 242.211 is hereby amended to read as follows:
242.211 1. The [informational service] data processing fund is hereby created as an internal service fund. Money from the fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget allotments and are subject to preaudit examination and approval.
2. All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the department [, except such costs and salaries as are payable from the informational facility fund,] must be paid from the [informational service] data processing fund.
3. Each agency using the services of the [division, except the services of the division of facility management] department shall pay a fee for that use to the [informational service] data processing fund, which must be set by the director in [such amount as] an amount sufficient to reimburse the department for the entire cost of providing those services, including overhead. Each using agency shall budget for those services. All fees, proceeds from the sale of equipment, and other money received by the department must be deposited with the state treasurer for credit to the appropriate fund.
Sec. 7. NRS 242.221 is hereby amended to read as follows:
242.221 1. All claims made pursuant to NRS 242.121 to 242.241, inclusive, must, when approved by the department, be audited and paid as other claims against the state are paid.
2. If the state controller finds that current claims against the [informational facility fund or the informational service] data processing fund exceed the amount available in the [respective] fund to pay the claims, he may advance temporarily from the state general fund to the appropriate fund the amount required to pay the claims, but no more than 25 percent of the revenues expected to be received in the current fiscal year from any source authorized for the [appropriate] fund.
κ1989 Statutes of Nevada, Page 1471 (CHAPTER 636, AB 760)κ
amount required to pay the claims, but no more than 25 percent of the revenues expected to be received in the current fiscal year from any source authorized for the [appropriate] fund. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
Sec. 8. NRS 242.231 is hereby amended to read as follows:
242.231 Upon the receipt of a statement submitted pursuant to subsection 2 of NRS 242.191, each agency shall authorize the state controller by transfer or warrant to draw money from the agencys account in the amount of the statement for transfer to or placement in the [informational facility] data processing fund.
Sec. 9. NRS 242.241 is hereby amended to read as follows:
242.241 1. Until the construction costs of $535,600 for the computer facility in Carson City, Nevada, have been paid, the director shall pay annually from the [informational facility] data processing fund to the state treasurer for deposit in the state general fund 2 percent of the facilitys original acquisition cost.
2. For any subsequent capital additions to the computer facility, the director shall pay annually from that fund to the state treasurer for deposit in the state general fund 2 percent of the original cost of such capital additions, until this cost has been fully paid.
Sec. 10. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise [contingent fund] account for the blind [, a special revenue fund,] is hereby created within the state general fund and must be managed by the chief.
2. Money received by the bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, must:
(a) Be deposited in the business enterprise [contingent fund] account for the blind.
(b) Except as provided in subsection 4, remain in the [fund] account and not revert to the state general fund.
(c) Be used for:
(1) Purchasing, maintaining or replacing vending stands or the equipment therein;
(2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the vending stand program; and
(3) [Such other] Other purposes, consistent with NRS 426.640, as may be provided by regulation.
3. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative, but the bureau shall:
(a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the business enterprise [contingent fund] account for the blind;
(b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and
(c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the [fund.] account.
κ1989 Statutes of Nevada, Page 1472 (CHAPTER 636, AB 760)κ
4. If the business enterprise [contingent fund] account for the blind is dissolved, any money remaining therein reverts to the state general fund.
5. Money from any source which may lawfully be used for the vending stand program may be transferred or deposited by the bureau to the business enterprise [contingent fund] account for the blind.
6. The interest and income earned on the money in the business enterprise [contingent fund] account for the blind, after deducting any applicable charges, must be credited to the [fund.] account.
Sec. 11. NRS 426.677 is hereby amended to read as follows:
426.677 1. The bureau may, in interim periods when no blind licensee is available to operate a vending facility and its continuous operation is required, establish a checking account in a depository bank qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from the vending facility during the interim period must be deposited to the account and all expenses necessary to maintain the interim operation of the facility must be paid from the account.
2. If the blind licensee who operated the facility returns after a temporary disability, the bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.
3. If a blind licensee other than the one who previously operated the facility is permanently assigned to it, the bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the business enterprise [contingent fund] account for the blind.
Sec. 12. NRS 439.015 is hereby amended to read as follows:
439.015 The department, through the health division, may accept and direct the disbursement of money appropriated by any Act of Congress and apportioned or allocated to the State of Nevada for health purposes. This federal money must be deposited in the state treasury for credit to the state health division federal [fund which is hereby created as a special revenue fund.] account within the state general fund.
Sec. 13. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The [fund] account for education and recovery relating to manufactured housing is hereby created [as a special revenue fund] within the fund for manufactured housing created pursuant to NRS 489.471 to satisfy claims against persons licensed under this chapter. Any balance in the [fund] account over $500,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:
(a) For a dealers or manufacturers original license, or an original limited dealers license issued pursuant to NRS 489.281, of $1,000.
(b) For a dealers or manufacturers renewal license, or a renewal limited dealers license issued pursuant to NRS 489.281, of $600.
(c) For an original or renewal license for:
(1) A serviceman, rebuilder or installer, of $150.
(2) A salesman, of $25.
κ1989 Statutes of Nevada, Page 1473 (CHAPTER 636, AB 760)κ
(3) A responsible managing employee, of $50.
Fees collected pursuant to this section must be deposited in the state treasury for credit to the [fund.] account.
3. Payments from the [fund] account must be made only upon an appropriate court order.
Sec. 14. NRS 704.035 is hereby amended to read as follows:
704.035 1. On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities under its jurisdiction, to the address of those utilities on file with the commission. The revenue report form serves as notice of the commissions intent to assess the utilities, but failure to notify any utility does not invalidate the assessment with respect thereto.
2. Each public utility subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.
3. The assessment is due [and payable] on July 1 of each year, but may, at the option of the public utility, be paid quarterly on July 1, October 1, January 1 and April 1.
4. The assessment computed by the utility is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.
5. Any public utility failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.
6. When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility continues until it has paid the assessment.
7. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.
8. The commission shall, on a quarterly basis, transfer to the [fund] account for the consumers advocate that portion of the assessments collected which belongs to the consumers advocate.
Sec. 15. 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 customer of a telephone company which provides service through a local exchange 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.
κ1989 Statutes of Nevada, Page 1474 (CHAPTER 636, AB 760)κ
service. 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] account for telecommunication for persons with impaired speech or hearing is hereby created [as a special revenue fund to] within the state general fund and must 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.] account. The money in the [fund] account may be used only:
(a) For the purchase, maintenance, repair and distribution of the devices for telecommunication;
(b) To reimburse telephone companies for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;
(c) For the general administration of the program; and
(d) To train persons in the use of the devices.
4. For the purposes of this section, 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.
Sec. 16. NRS 242.201 is hereby repealed.
Sec. 17. 1. Upon closing the books for the fiscal year 1988-89, the state controller shall transfer the balance of the informational service fund to the data processing fund created pursuant to this act.
2. Upon closing the books for the fiscal year 1988-89, the state controller shall transfer the balance of the informational facility fund as follows:
(a) To the state general fund........................................................................... $134,375
(b) To the state highway fund ......................................................................... $65,625,
to reflect the proportional contributions to the fund made pursuant to chapter 535, Statutes of Nevada 1969, and chapter 52, Statutes of Nevada 1979.
Sec. 18. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 1475κ
Assembly Bill No. 825Committee on Natural Resources, Agriculture and Mining
CHAPTER 637
AN ACT relating to big game tags; authorizing the auction or bids for one antelope tag and one elk tag each year; 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 502.250 is hereby amended to read as follows:
502.250 1. Except as otherwise provided in subsection 5, the following fees must be charged for tags:
Resident deer tag for regular season................................................................... $15
Nonresident and alien deer tag for regular season.............................................. 60
Resident antelope tag............................................................................................... 30
Resident elk tag......................................................................................................... 75
Resident bighorn tag................................................................................................. 75
Resident mountain goat tag.................................................................................... 75
Resident mountain lion tag..................................................................................... 15
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident and alien big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species under NRS 502.130, must not exceed $100.
4. A fee not to exceed $5 may be charged for processing an application for a tag.
5. The commission may accept sealed bids for or auction two bighorn sheep tags , one antelope tag and one elk tag each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1476κ
Assembly Bill No. 843Committee on Health and Welfare
CHAPTER 638
AN ACT resolving a conflict between Senate Bill No. 73 and Assembly Bill No. 186 of this session; 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. Assembly Bill No. 186 of this session is hereby amended by adding thereto a new section to be designated as section 4.5, immediately following section 4, to read as follows:
Sec. 4.5. Section 19 of Senate Bill No. 73 of this session is hereby amended to read as follows:
Sec. 19. 1. The health division shall control, prevent, treat and, whenever possible, ensure the cure of sexually transmitted diseases.
2. The health division shall provide the materials and curriculum necessary to conduct the educational program provided for in section 1 of Assembly Bill No. 186 of this session and establish a program for the certification of persons qualified to provide instruction for the program.
Sec. 2. Assembly Bill No. 186 of this session is hereby amended by adding thereto a new section to be designated as section 4.7, immediately following section 4.5, to read as follows:
Sec. 4.7. Section 42 of Senate Bill No. 73 of this session is hereby amended to read as follows:
Sec. 42. All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
6. If the person who is the subject of the information consents in writing to the disclosure.
κ1989 Statutes of Nevada, Page 1477 (CHAPTER 638, AB 843)κ
7. Pursuant to subsection 2 of section 27 of this act.
8. If the disclosure is made to the welfare division of the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for assistance to the medically indigent.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 3. Sections 5 and 6 of Assembly Bill No. 186 of this session are hereby repealed.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 865Committee on Ways and Means
CHAPTER 639
AN ACT relating to wildlife; increasing the fees for certain hunting and fishing licenses; 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 502.240 is hereby amended to read as follows:
502.240 The department shall issue annual licenses and limited permits:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license.
2. To any citizen of the United States who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.
3. Except as otherwise provided in NRS 502.245, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:
κ1989 Statutes of Nevada, Page 1478 (CHAPTER 639, AB 865)κ
For a fishing license............................................................... $15.00
For a 10-day permit to fish.................................................. 10.00
For a 3-day permit to fish.................................................... 6.00
For a hunting license............................................................. [15.00] 20.00
For a combined hunting and fishing license..................... [28.50] 33.50
For a trapping license............................................................ 30.50
For a fur dealers license....................................................... 50.00
For an annual master guides license................................. 125.00
For an annual subguides license........................................ 60.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30).
5. Except as otherwise provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30)............................ $35
For a 10-day permit to fish.................................................................. 20
For a 3-day permit to fish.................................................................... 12
For a hunting license............................................................................. [80] 90
For an annual trappers license........................................................... 150
For a fur dealers license....................................................................... 100
For an annual master guides license................................................. 250
For an annual subguides license........................................................ 125
For a 10-day permit to hunt upland game and waterfowl............. 40
6. To any person, without regard to residence, upon the payment of:
For a noncommercial wildlife culturing facility............................... $5
For a commercial or private shooting preserve................................ 100
For a commercial wildlife culturing facility...................................... 100
For a live bait dealers permit.............................................................. 35
For a competitive field trials permit................................................... 25
For a permit to train dogs or falcons.................................................. 5
For a falconry license............................................................................ 30
For an importation permit.................................................................... 5
For an import eligibility permit............................................................ 25
For an exportation permit.................................................................... 5
For a permit to maintain a collection of live wild animals............. 10 For any other special permit issued by the department, a fee not to exceed $100 set by the commission.
κ1989 Statutes of Nevada, Page 1479 (CHAPTER 639, AB 865)κ
For any other special permit issued by the department, a fee not to exceed $100 set by the commission.
Sec. 2. This act becomes effective on March 1, 1990.
________
Assembly Bill No. 897Committee on Judiciary
CHAPTER 640
AN ACT relating to controlled substances; revising the requirement that a defendant convicted of an offense related to controlled substances pay for the analysis of the controlled substance; 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 453.575 is hereby amended to read as follows:
453.575 1. When a defendant pleads or is found guilty of any violation of this chapter and an analysis of a controlled substance was performed in relation to his case, the justice or judge shall include in the sentence an order that the defendant pay the sum of $50 as a fee for the analysis of the controlled substance.
2. The money collected for such an analysis must not be deducted from [the] any fine otherwise imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately in the judgment of the court or on the courts docket . [and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.]
3. The money collected pursuant to subsection 1 in any district, municipal or justices court must be paid by the clerk of the court to the county treasurer on or before the [5th] fifth day of each month for the preceding month.
4. [The money collected pursuant to subsection 1 in justices courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.
5.] The board of county commissioners of each county shall by ordinance [, before September 1, 1987,] create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of controlled substances in the fund.
[6.] 5. In counties which receive forensic services under a contract with the state, any money in the fund for forensic services must be paid monthly by the county treasurer to the state treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.
κ1989 Statutes of Nevada, Page 1480 (CHAPTER 640, AB 897)κ
[7.] 6. In counties which do not receive forensic services under a contract with the state, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of controlled substances performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
________
Assembly Bill No. 922Committee on Ways and Means
CHAPTER 641
AN ACT relating to public employees retirement; requiring an independent review of the actuarial study of the public employees retirement system; 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. The interim retirement committee shall:
(a) Review the next biennial actuarial valuation and report of the actuarial soundness of the public employees retirement system; and
(b) Submit the report to an independent actuary for review. The report of the independent actuary must be submitted to the legislative commission on or before November 15, 1990.
2. The cost of the independent study required by subsection 1 must be paid from the money of the public employees retirement system budgeted for administration of the system.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1481κ
Assembly Bill No. 924Assemblyman Wisdom
CHAPTER 642
AN ACT relating to child care; requiring a local government to notify the bureau of services for child care of the youth services division of the department of human resources before discontinuing the licensing of child care facilities; 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 432A.131 is hereby amended to read as follows:
432A.131 1. Child care facilities in any county or incorporated city where the governing body has established an agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the bureau. The licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations:
(a) Must be not less restrictive than those adopted by the board; and
(b) Take effect only upon their approval by the bureau.
2. An agency for the licensing of child care facilities established by a city or county may waive compliance with a particular standard or other regulation by a child care facility if:
(a) The agency finds that the practices and policies of that facility are substantially equivalent to those required by the agency in its standards and other regulations; and
(b) The waiver does not allow a practice which violates a regulation adopted by the board.
3. A governing body may adopt such standards and other regulations as may be necessary for the regulation of facilities which provide care for fewer than five children. If the standards so adopted are less restrictive than the standards for the licensure of child care facilities which have been adopted by the board, the governing body shall not issue a license to the smaller facilities, but may register them in accordance with the standards which are less restrictive.
4. If a governing body intends to amend or repeal an ordinance providing for the licensing of child care facilities and the effect of that action will be the discontinuance of the governing bodys licensure of child care facilities, the governing body shall notify the bureau of its intention to do so at least 12 months before the amendment or repeal becomes effective.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 1482κ
Assembly Bill No. 927Assemblymen Schofield and Dini
CHAPTER 643
AN ACT relating to hazardous waste; providing for the imposition of civil penalties for certain violations related to the transportation of such waste; 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 459.585 is hereby amended to read as follows:
459.585 1. Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the department for a civil penalty of not more than $10,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.400 to 459.600, inclusive.
2. The department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.
________
Assembly Bill No. 933Committee on Ways and Means
CHAPTER 644
AN ACT making appropriations to the department of motor vehicles and public safety for the support of various divisions; 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 highway fund to the department of motor vehicles and public safety the sum of $481,258 for the payment of expenses related to the improvement of facilities and the acquisition of equipment, to be allocated as follows:
Administrative services division................................................................ $270,358
Drivers license division.................................................................................... 19,900
Registration division....................................................................................... 177,000
Motor carrier division....................................................................................... 14,000
Sec. 2. There is hereby appropriated from the state general fund to the department of motor vehicles and public safety the sum of $73,463 for the improvement of facilities for the investigation division.
κ1989 Statutes of Nevada, Page 1483 (CHAPTER 644, AB 933)κ
Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1991, and reverts to the fund from which appropriated as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 952Committee on Ways and Means
CHAPTER 645
AN ACT making an appropriation to the legislative 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 legislative fund created pursuant to NRS 218.085 the sum of $2,080,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 369Committee on Commerce and Labor
CHAPTER 646
AN ACT relating to osteopathic medicine; requiring completion of an approved graduate education program or postgraduate training as a condition of licensure; providing for special licenses for persons enrolled in a graduate education program or postgraduate training; and providing other matters properly relating thereto.
[Approved July 1, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 633.311 is hereby amended to read as follows:
633.311 An applicant for a license to practice osteopathic medicine [shall] may be issued a license by the board if he:
1. Is 21 years of age or older;
2. Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
3. Is a graduate of a school of osteopathic medicine;
4. Has completed [a] :
(a) A hospital internship;
(b) Three years of graduate education as a resident in the United States or Canada in a program approved by the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
κ1989 Statutes of Nevada, Page 1484 (CHAPTER 646, SB 369)κ
the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
(c) Postgraduate training in the United States or Canada approved by the board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education;
5. Applies for the license as provided by law;
6. Passes the examination prescribed by the board; and
7. Pays the fees provided for in this chapter.
Sec. 2. NRS 633.401 is hereby amended to read as follows:
633.401 1. The board may issue a special license:
(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his own patients in association with an osteopathic physician in this state who has primary care of his patients.
(b) To a resident or fellow while [in training.] enrolled in a graduate education program or postgraduate training required pursuant to subsection 4 of NRS 633.311.
(c) For a specified period of time and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.
2. A special license issued under this section may be renewed by the board upon application of the licensee.
3. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.
Sec. 3. The amendatory provisions of section 1 of this act do not apply to an applicant for a license to practice osteopathic medicine who has filed an application before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 510Committee on Health and Welfare
CHAPTER 647
AN ACT relating to services to aging persons; prohibiting certain retaliatory conduct by employees of facilities for long-term care; authorizing the appointment of representatives to act for advocates for residents of such facilities; providing immunity from liability for those representatives and advocates; creating the office of specialist for the rights of elderly persons within the aging services division of the department of human resources; providing the functions of that office; providing penalties; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
κ1989 Statutes of Nevada, Page 1485 (CHAPTER 647, AB 510)κ
Sec. 2. 1. An officer, director or employee of a facility for long-term care shall not retaliate against any person for having filed a complaint with, or provided information to, the advocate or any representative of the advocate.
2. If any person is found, after notice and a hearing, to have violated any provision of subsection 1, the director, at the request of the administrator, may refer the matter to the health division for the imposition of an administrative fine of not more than $1,000 for each violation.
3. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the state general fund.
Sec. 3. The administrator may appoint representatives of the advocate who are within the division and in the classified service of the state. A representative has all the powers and duties of an advocate.
Sec. 4. The office of specialist for the rights of elderly persons is hereby created within the aging services division of the department of human resources.
Sec. 5. 1. The governor shall appoint the specialist for the rights of elderly persons for a term of 4 years. The person appointed:
(a) Must be an attorney licensed to practice law in this state;
(b) Must be qualified by training and experience to perform the duties and functions of his office;
(c) Is in the unclassified service of the state; and
(d) Shall report upon request to the administrator regarding the performance of his duties and the functioning of his office.
2. The governor may remove the specialist for the rights of elderly persons from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 6. The specialist for the rights of elderly persons may:
1. Have access to, inspect, copy and subpena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, exploitation or neglect of an elderly person.
2. Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse or neglect of an elderly person.
3. Represent and assist any incompetent person until a guardian is appointed for that person.
4. Perform such other functions as are necessary to carry out his duties and the functions of his office.
Sec. 7. All records in the possession of the specialist for the rights of elderly persons relating to his counseling or representation of an elderly person are confidential and must not be released to any other person except upon order of a court of competent jurisdiction.
Sec. 8. NRS 427A.135 is hereby amended to read as follows:
427A.135 1. The advocate or his representative may, upon a complaint by or on behalf of a resident, investigate any act or policy which he has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care.
2. The advocate or his representative may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times.
κ1989 Statutes of Nevada, Page 1486 (CHAPTER 647, AB 510)κ
Upon his arrival at the facility he shall notify the person in charge and shall present appropriate identification.
3. A person shall not willfully interfere with the advocate or his representative in the performance of any investigation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the director, at the request of the administrator, may refer the matter to the health division for the imposition of an administrative fine of not more than $1,000 for each violation.
4. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the state general fund.
5. Each resident has the right to request, deny or terminate visits with the advocate [.] or his representative.
6. The advocate or his representative is not liable civilly for the good faith performance of any investigation.
Sec. 9. NRS 427A.145 is hereby amended to read as follows:
427A.145 In conducting an investigation, the advocate or his representative may:
1. Inspect any facility for long-term care and any records maintained by the facility. [The] Except as otherwise provided in this subsection, the medical and personal financial records may be inspected only with the informed consent of the resident, his legal guardian or the person or persons designated as responsible for decisions regarding the resident. If the resident is unable to consent to the inspection and has no legal guardian, the inspection may be conducted without consent.
2. Interview:
(a) Officers, directors and employees of any facility for long-term care, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or its residents.
(b) Any resident of the facility and his legal guardian, if any, and his family or the person or persons designated as responsible for decisions regarding his care if the resident consents to the interview.
3. Obtain such assistance and information from any agency of the state or its political subdivisions as is necessary properly to perform the investigation.
Sec. 10. NRS 427A.155 is hereby amended to read as follows:
427A.155 1. In appropriate cases and under the administrators direction, the advocate or his representative shall refer the results of his investigation to the governmental agencies with authority to enforce applicable laws and regulations through administrative, civil or criminal proceedings.
2. The advocate or his representative shall notify the complainant of the ultimate disposition of the matter raised in his complaint.
________
κ1989 Statutes of Nevada, Page 1487κ
Assembly Bill No. 24Committee on Government Affairs
CHAPTER 648
AN ACT relating to local governmental finances; authorizing an increase of the maximum allowable revenue from taxes ad valorem of a local government which loses revenue as a result of the incorporation of a new city; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local government may apply to the local governmental advisory committee for a determination of the amount of revenue from population-based taxes the local government lost as a result of the incorporation of a new city on or after July 1, 1989.
2. Within 60 days after the receipt of a request made pursuant to subsection 1, the local governmental advisory committee shall make a determination of the amount of revenue from population-based taxes the local government lost as a result of the incorporation of a new city on or after July 1, 1989, and transmit it to the department of taxation and the local government which made the request.
3. Upon receipt of the determination of the local governmental advisory committee, the local government may petition the Nevada tax commission for approval of the determination. As soon as practicable after receipt of such a request, the Nevada tax commission shall review the determination and may accept, reject or amend the determination. The decision of the Nevada tax commission is final.
4. Upon receipt of a final determination from the Nevada tax commission pursuant to this section, the executive director of the department of taxation shall add the amount approved by the Nevada tax commission to the revenue otherwise allowable pursuant to NRS 354.59811 and 354.59816 for the local government.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 1488κ
Assembly Bill No. 258Assemblymen Dini, Jeffrey, Nevin, Bergevin, Spinello, Myrna Williams, Swain and Sedway
CHAPTER 649
AN ACT making an appropriation to the division of forestry of the state department of conservation and natural resources for the payment of various expenses; and providing other matters properly relating thereto.
[Approved July 2, 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 forestry of the state department of conservation and natural resources the sum of $404,869 for the payment of the following expenses:
1. General equipment.............................................................................. $205,000
2. Communications system upgrade.................................................... $19,564
3. Expansion of Indian Springs Conservation Camp........................ $138,505
4. Installation and retrofitting of fuel tanks for the Central Desert and Tonopah Conservation Camps......................................................................................... $41,800
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. 734Assemblymen Humke, Adler, Triggs, McGinness, Spriggs, Freeman, Diamond, Sader, Sedway, Spinello, Marvel, DuBois, Swain, Myrna Williams, Schofield and Regan
CHAPTER 650
AN ACT relating to hazardous waste; requiring the state environmental commission to adopt regulations for the certification of consultants involved in the clean up of leaks or spills of or accidents involving hazardous waste, hazardous material or a regulated substance; authorizing the use of money in the fund for the management of hazardous waste to respond to certain leaks and to pay costs of certain services provided by consultants; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3, inclusive, of this act.
Sec. 2. Hazardous material has the meaning ascribed to it in NRS 459.700, and includes the materials so identified and listed in regulations adopted by the director of the department of motor vehicles and public safety pursuant to NRS 459.710.
κ1989 Statutes of Nevada, Page 1489 (CHAPTER 650, AB 734)κ
Sec. 3. Regulated substance means:
1. Any petroleum substance or chemical regulated by the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., that is contained in a storage tank, except that the term does not include any substance subject to regulation under Subtitle C of that act as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that is liquid at standard condition of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, solvents and used oils.
Sec. 4. NRS 459.405 is hereby amended to read as follows:
459.405 As used in NRS 459.400 to 459.600, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 459.500 is hereby amended to read as follows:
459.500 1. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, [regulations] or sections 2 to 33, inclusive, of Senate Bill No. 277 of this session:
(a) Regulations of the commission must provide [for] :
(1) For safety in packaging, handling, transportation [,] and disposal of hazardous waste, including safety of vehicles and drivers [, and] ;
(2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste; and
(3) That a person employed full time by a business to act as such a consultant is exempt from the requirements of certification:
(I) If he is certified by the federal Occupational Safety and Health Administration to manage such waste, materials or substances; and
(II) While acting in the course of that full-time employment.
(b) Regulations of the commission may [provide] :
(1) Provide for the licensing and other necessary regulation of generators, including shippers, brokers and carriers, both intrastate and interstate, who cause that waste to be transported into or through Nevada or for disposal in Nevada [.] ;
(2) Require that the person responsible for a spill, leak or accident involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak or accident from a consultant certified under the regulations adopted pursuant to subsection 1; and
(3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.
2. The regulations may include provisions for:
κ1989 Statutes of Nevada, Page 1490 (CHAPTER 650, AB 734)κ
(a) Fees to pay the cost of inspection , certification and other regulation; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.
3. Designated employees of the department, the public service commission of Nevada and the Nevada highway patrol shall enforce the regulations of the commission relating to the transport and handling of hazardous waste, as they affect the safety of drivers and vehicles and the leakage or spill of that waste from packages.
Sec. 6. NRS 459.535 is hereby amended to read as follows:
459.535 1. Except as otherwise provided in subsection 2, the money in the fund for the management of hazardous waste may be expended only to pay the costs of the continuing observation or other management of hazardous waste [.] and to establish and maintain a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance.
2. If the person responsible for [spilling] a leak or spill of or an accident involving hazardous waste , hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the fund may be expended to pay the costs of:
(a) Responding to a leak or spill of or an accident involving hazardous waste [;] , hazardous material or a regulated substance;
(b) Coordinating the efforts of state, local and federal agencies responding to a leak or spill of or an accident involving hazardous waste [;] , hazardous material or a regulated substance;
(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a leak or spill of or an accident involving hazardous waste [; or] , hazardous material or a regulated substance;
(d) Removing or contracting for the removal of hazardous waste , hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment [.] ; or
(e) Services rendered in response to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, by consultants certified pursuant to regulations adopted by the commission.
3. The director shall demand reimbursement of the fund for money expended pursuant to subsection 2 from any person who is responsible for the accident , leak or spill, or who owns or controls the hazardous waste , hazardous material or a regulated substance, or the area used for the disposal of the waste [.] , material or substance. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
κ1989 Statutes of Nevada, Page 1491 (CHAPTER 650, AB 734)κ
4. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
Sec. 7. Section 34 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Sec. 34. NRS 459.535 is hereby amended to read as follows:
459.535 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the money in the fund for the management of hazardous waste may be expended only to pay the costs of the continuing observation or other management of hazardous waste and to establish and maintain a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance.
2. Money in the fund for the management of hazardous waste may be expended to provide matching money required as a condition of any federal grant for the purposes of sections 2 to 33, inclusive, of this act.
3. If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the fund may be expended to pay the costs of:
(a) Responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;
(b) Coordinating the efforts of state, local and federal agencies responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;
(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;
(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or
(e) Services rendered in response to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, by consultants certified pursuant to regulations adopted by the commission.
[3.] 4. The director shall demand reimbursement of the fund for money expended pursuant to subsection [2] 3 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
κ1989 Statutes of Nevada, Page 1492 (CHAPTER 650, AB 734)κ
[4.] 5. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
Sec. 8. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 923Committee on Legislative Functions
CHAPTER 651
AN ACT relating to the legislature; increasing the compensation of the employees of the legislature; authorizing the legislative commission to enter into agreements to acquire property for the support of the legislature and its staff; revising the composition of the audit subcommittee of the legislative commission; expanding the duties of the legislative auditor to conform to the duties of the other divisions chiefs of the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. There must be paid to the several [officers and] employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant director of bill services......................................................... [$55] $61
Assistant secretary................................................................................. [83] 91
Assistant sergeant at arms................................................................... [62] 68
Bill clerk................................................................................................... [47] 52
Committee secretary............................................................................. [67] 74
Director of bill services.......................................................................... [60] 66
Director of clerical services.................................................................. [76] 84
History clerk........................................................................................... [76] 84
Journal clerk........................................................................................... [76] 84
Minute clerk............................................................................................ [76] 84
Page.......................................................................................................... [47] 52
Senior committee secretary................................................................. [73] 80
Sergeant at arms.................................................................................... [78] 86
Stenographers......................................................................................... [60] 66
Typist....................................................................................................... [52] 57
Assembly
Assistant chief clerk.............................................................................. [$83] $91
Assistant sergeant at arms................................................................... [62] 68 Assistant supervisor of bill clerks [$55] $61
κ1989 Statutes of Nevada, Page 1493 (CHAPTER 651, AB 923)κ
Assistant supervisor of bill clerks........................................................ [$55] $61
Bill clerk................................................................................................... [47] 52
Committee secretary............................................................................. [67] 74
History clerk........................................................................................... [76] 84
Journal clerk........................................................................................... [76] 84
Minute clerk............................................................................................ [76] 84
Page.......................................................................................................... [47] 52
Secretary................................................................................................. [60] 66
Senior committee secretary................................................................. [73] 80
Sergeant at arms.................................................................................... [78] 86
Supervisor of bill clerks......................................................................... [60] 66
Supervisor of secretarial staff............................................................. [76] 84
Typist....................................................................................................... [52] 57
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.
Sec. 2. 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 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 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 those delegations and committees shall serve without salary, but they are entitled to receive out of the legislative fund the per diem expense allowance provided for state officers and employees generally and the travel expenses provided pursuant to section 1 of [this act.] Assembly Bill No. 417.
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 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 1494 (CHAPTER 651, AB 923)κ
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. Members of 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 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 provided for state officers and employees generally and the travel expenses provided pursuant to section 1 of [this act.] Assembly Bill No. 417.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
7. Authorize the director of the legislative counsel bureau to enter into agreements for the acquisition of property it deems necessary to support the legislature and its staff. The director may expend money from the legislative fund for this purpose.
Sec. 3. NRS 218.6823 is hereby amended to read as follows:
218.6823 1. There is hereby created [in the legislative commission] an audit subcommittee of the legislative commission consisting of [three] five members.
2. The [subcommittee must be comprised of:
(a) The chairman of the legislative commission or a member of the legislative commission appointed by him; and
(b) Two other members of the legislative commission.
3. The person serving on the subcommittee pursuant to paragraph (a) of subsection 2 shall serve as chairman and the] chairman of the legislative commission shall appoint the members of the subcommittee from among the members of the legislative commission and the interim finance committee and shall designate one of the members of the subcommittee as chairman.
3. The legislative auditor or a member of his staff appointed by him shall serve as secretary of the subcommittee.
4. The subcommittee shall meet at the times and places specified by a call of the chairman. [Two] Three members of the subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the subcommittee.
Sec. 4. NRS 218.770 is hereby amended to read as follows:
218.770 1. The legislative auditor shall:
(a) Perform postaudits as provided by law;
(b) Establish procedures, methods and standards of auditing for the audit division; [and]
(c) Recommend to the legislature the enactment or amendment of statutes based upon the results of the postaudit [.] ; and
(d) Perform such other functions as may be assigned by the legislature, the legislative commission or the director of the legislative counsel bureau.
κ1989 Statutes of Nevada, Page 1495 (CHAPTER 651, AB 923)κ
2. The legislative auditor may:
(a) Within budgetary limitations, contract for the services of consultants or other professional or technical personnel as his duty to perform postaudits may require, or to conduct a review of the operation of his office, and fix their fees in an amount which is reasonable and customary for such services; and
(b) With the approval of the legislative commission, contract with federal agencies or state departments to perform audits required by federal or state law, if the division may be reimbursed for such audits. Any money received by the division for such audits must be deposited in the state treasury to the credit of the legislative fund.
3. A postaudit must be conducted in accordance with generally accepted standards for governmental and other audits.
Sec. 5. 1. This section and sections 2, 3 and 4 of this act become effective on July 1, 1989.
2. Section 1 of this act becomes effective on October 1, 1989.
________
Assembly Bill No. 940Assemblyman Swain
CHAPTER 652
AN ACT relating to taxation; imposing a tax on the transfer of property for which a credit on the federal generation-skipping transfer tax may be claimed; revising the provisions governing liens for estate taxes owed to the state; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 35, inclusive, of this act.
Sec. 2. As used in sections 2 to 35, inclusive, of this act, unless the context other requires, the words and terms defined in sections 3 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Direct skip means a transfer as defined in 26 U.S.C. § 2612.
Sec. 4. Federal credit means the maximum amount of the credit against the federal generation-skipping transfer tax for state generation-skipping transfer tax allowed by 26 U.S.C. § 2604.
Sec. 5. Generation-skipping transfer has the meaning ascribed to it in 26 U.S.C. § 2611.
Sec. 6. The person liable for paying the generation-skipping transfer tax is the person having personal liability pursuant to 26 U.S.C. § 2603.
Sec. 7. 1. Except as otherwise provided in subsection 2, a tax is hereby imposed on the generation-skipping transfer other than a direct skip, that occurs at the same time as and as a result of the death of a person in the amount of the maximum credit allowable against the federal generationskipping transfer tax for the payment of state generation-skipping transfer taxes.
κ1989 Statutes of Nevada, Page 1496 (CHAPTER 652, AB 940)κ
skipping transfer tax for the payment of state generation-skipping transfer taxes.
2. The tax imposed by subsection 1 is reduced by the apportioned amount of the generation-skipping transfer taxes collected by another state.
Sec. 8. If the generation-skipping transfer includes property having a situs in this state and in another state the portion of the federal credit which is attributable to the property having a situs in Nevada must be determined in the following manner:
1. For the purpose of apportioning the federal credit, the gross value of the property must be that value finally determined for the purposes of the federal generation-skipping transfer tax.
2. The federal credit must be multiplied by the percentage which the gross value of the property having a situs in Nevada bears to the gross value of the entire transfer which is subject to federal generation-skipping transfer tax.
3. The product determined pursuant to subsection 2 is the portion of the federal credit which is attributable to property having a situs in Nevada.
Sec. 9. 1. The person liable for paying the generation-skipping transfer tax imposed by section 7 of this act who is required to file a United States estate and generation-skipping transfer tax return or a United States gift and generation-skipping transfer tax return shall file with the department on or before the date the United States tax return is required to be filed, a copy of the United States tax return and any documentation concerning the amount owed to the State of Nevada which is required by the department.
2. The department shall adopt regulations to require sufficient documentation of the amount due to the State of Nevada pursuant to this chapter.
Sec. 10. If the person liable for the generation-skipping transfer tax has obtained an extension of time for filing the United States estate and generation-skipping transfer tax return or the United States gift and generation-skipping transfer tax return, the filing required by section 9 of this act must be similarly extended until the end of the period granted in the extension of time for filing the United States tax return if a true copy of the United States extension is filed with the department.
Sec. 11. If the person liable for the generation-skipping transfer tax files an amended United States estate and generation-skipping transfer tax return or an amended United States gift and generation-skipping transfer tax return, he shall immediately file with the department a true copy of the amended United States tax return. If the person liable for the generation-skipping transfer tax is required to pay an additional amount pursuant to section 7 of this act because of the changes on the amended return, he shall pay that additional amount, together with any interest as provided in section 19 of this act, at the same time the amended return is filed.
Sec. 12. 1. Upon final determination of the federal generation-skipping transfer tax due, the person liable for the tax shall, within 60 days after that determination, give written notice of it to the department. If any additional tax is due under section 7 of this act by reason of this determination, the person liable for the tax shall pay the tax, together with interest as provided in section 19 of this act, at the same time he files the notice.
2. The State of Nevada shall accept the determination by the United States of the amount of the generation-skipping transfer without further audit.
κ1989 Statutes of Nevada, Page 1497 (CHAPTER 652, AB 940)κ
Sec. 13. If the return required by section 9 of this act is not filed within the time specified in that section or the extension specified in section 10 of this act, the person liable for the tax shall pay, in addition to the interest provided in section 19 of this act, a penalty equal to 5 percent of the tax due, as finally determined, for each month or portion of a month during which that failure to file continues, not exceeding 25 percent in the aggregate, unless it is shown that there was reasonable cause for the failure to file. If a similar penalty for failure to file timely the federal estate tax return is waived, that waiver shall be deemed to constitute reasonable cause for purposes of this section.
Sec. 14. In the case of a false or fraudulent return or failure to file a return, the department may determine the tax at any time.
Sec. 15. 1. In a case not involving a false or fraudulent return or failure to file a return, if the department determines at any time after the tax is due, but not later than 4 years after the return is filed, that the tax disclosed in any return required to be filed by sections 2 to 35, inclusive, of this act, is less than the tax owed to the State of Nevada, a deficiency must be determined. That determination may also be made within such time after the expiration of the 4-year period as may be agreed upon in writing between the department and the person liable for the tax.
2. For purposes of this section, a return filed before the last day prescribed by law for filing that return must be considered as filed on that last day.
Sec. 16. If a deficiency has been determined in an erroneous amount, the department may, within 3 years after the erroneous determination was made, set aside the determination or issue an amended determination in the correct amount.
Sec. 17. 1. If it is claimed that a deficiency has been determined in an erroneous amount, any person who is liable for the tax may, within 3 years after the determination was made, bring an action against the State of Nevada in the district court having jurisdiction over the property which was transferred to have the tax modified in whole or in part.
2. The department shall give notice of the deficiency determined, together with any penalty for failure to file a return, by personal service or by mail to the person filing the return at the address stated in the return, or, if no return is filed, to the person liable for the tax. Copies of the notice of deficiency may in the same manner be given to such other persons as the department deems advisable.
Sec. 18. The tax imposed by section 7 of this act:
1. Must be paid by the person liable for the tax. Liability for payment of the tax continues until the tax is paid.
2. Is due on or before the date the federal generation-skipping transfer tax imposed by 26 U.S.C. § 2601 is due.
Sec. 19. 1. If the tax is paid after the due date, the tax bears interest at the rate set by the executive director, from the due date of the return.
2. The executive director shall set and maintain the rate of interest for late payments at the highest rate permissible pursuant to section 4 of article 10 of the Nevada constitution.
κ1989 Statutes of Nevada, Page 1498 (CHAPTER 652, AB 940)κ
Sec. 20. Every payment received by the department on the tax imposed by section 7 of this act must be applied:
1. To any interest due on the tax;
2. To any penalty; and
3. If there is any balance, to the tax itself,
in that order.
Sec. 21. 1. If any person who is liable for the tax fails to pay any portion of the tax imposed by section 7 of this act on or before the date the tax is due, he must, on motion of the department, be required by the district court having jurisdiction over the generation-skipping transfer to execute a bond to the State of Nevada in an amount equal to twice the amount of the tax due, with such sureties as the court may approve, conditioned upon the payment of the tax, plus interest on the tax at the rate of interest set by the executive director pursuant to section 19 of this act commencing on the date the tax became due, within a time certain to be fixed by the court and specified in the bond.
2. The bond must be filed in the office of the clerk of the court, and a certified copy must be immediately transmitted to the department.
Sec. 22. 1. Whenever the department determines that an overpayment of the tax due pursuant to section 7 of this act has been made, the person who made payment or his estate is entitled to a refund of the amount erroneously paid on presentation of proof satisfactory to the department that he is entitled to a refund.
2. An application for the refund must be made to the department within 1 year after the date the United States generation-skipping transfer tax has been finally determined.
3. On proof satisfactory to the department that the applicant is entitled to a refund, the department shall refund that amount plus interest at the rate established pursuant to section 19 of this act.
4. The amount of the refund must be paid from the generation-skipping transfer tax account in the state general fund.
Sec. 23. The state may enforce its claim for any tax imposed by section 7 of this act and enforce the lien of the tax by a civil action in any court of competent jurisdiction against any person liable for the tax or against any property subject to the lien.
Sec. 24. 1. The tax imposed by section 7 of this act becomes a lien upon the generation-skipping transfer on the date of the transfer and remains as such until the tax, interest and penalties owed to the state are paid or the lien is otherwise discharged.
2. If a person who is liable for the generation-skipping transfer tax transfers property which was part of a generation-skipping transfer to a bona fide purchaser or holder of a security interest the lien imposed by subsection 1 attaches at the moment of the transfer to all of the property of the person liable for the tax including property he acquires after the transfer, except the property which is transferred to a bona fide purchaser or a holder of a security interest. The lien does not attach to the property transferred to a bona fide purchaser or a holder of a security interest but it attaches to the consideration received for the property by the person who is liable for the tax.
3. The tax owed to the State of Nevada is a lien upon all generation-skipping transfers made during the period for which the return is filed. If the lien is not extinguished or otherwise released or discharged, it expires 10 years after the date a determination of deficiency is issued if, within that period, no notice of the lien has been recorded or filed as provided in NRS 360.450.
κ1989 Statutes of Nevada, Page 1499 (CHAPTER 652, AB 940)κ
lien is not extinguished or otherwise released or discharged, it expires 10 years after the date a determination of deficiency is issued if, within that period, no notice of the lien has been recorded or filed as provided in NRS 360.450. Except as otherwise provided in this section, the provisions of NRS 360.420 to 360.560, inclusive, apply to the lien.
Sec. 25. At any time within 10 years after a person is delinquent in the payment of any tax imposed pursuant to section 7 of this act or the interest or penalty thereon, or within 10 years after the last recording or filing of a notice of a lien for taxes, the department may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the state. The warrant must be directed to any sheriff and has the same effect as a writ of execution. The warrant must be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and sale pursuant to a writ of execution.
Sec. 26. 1. The department may pay or advance to the sheriff the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The department, and not the court, shall approve the fees for publication in a newspaper.
2. The fees, commissions and expenses are obligations of the person liable for the tax imposed pursuant to section 7 of this act and any interest and penalty thereon and may be collected from him by virtue of the warrant or in any other manner provided for the collection of the tax.
Sec. 27. 1. At any time after the tax imposed by section 7 of this act is delinquent, the department may have a writ of execution issued for the enforcement of any judgment rendered in respect to the tax.
2. The writ must be executed against any property of the person liable for payment of the tax, or against any property subject to the lien for the tax.
3. The department must not be charged a fee for the issuance of execution of the writ.
Sec. 28. Proceedings for the collection of any tax imposed by section 7 of this act may be commenced at any time after the tax is due and within 10 years after the time a determination of delinquency is issued.
Sec. 29. In any proceeding for the enforcement of the tax imposed by section 7 of this act a certificate by the department showing the amount due is prima facie evidence of:
1. The imposition of the tax;
2. The fact that it is due; and
3. Compliance by the department with all the provisions of this chapter in relation to the computation and determination of the tax.
Sec. 30. No injunction or other legal or equitable process must issue in any suit, action or proceeding in any court against this state or any officer of this state to prevent or enjoin the collection of any tax imposed by section 7 of this act.
Sec. 31. The department may bring suits in the courts of other states to collect taxes payable under this chapter. An officer of another state which extends a like comity to this state may sue for the collection of similar taxes in the courts of this state. A certificate by the secretary of state of another state, under the great seal of that state, that an officer thereof has authority to collect its generation-skipping transfer tax is conclusive evidence of the authority of that officer in any suit for the collection of those taxes in any court of this state.
κ1989 Statutes of Nevada, Page 1500 (CHAPTER 652, AB 940)κ
that officer in any suit for the collection of those taxes in any court of this state.
Sec. 32. The remedies of the state for the enforcement of the tax imposed by section 7 of this act are cumulative, and no action taken by the department or any other state officer or agency constitutes an election by the state or any of its officers to pursue any remedy to the exclusion of any other remedy for which provision is made.
Sec. 33. The money collected pursuant to the provisions of this chapter must be used only for the purpose of education, to be divided between the common schools and the state university for their support and maintenance.
Sec. 34. All information and records acquired from the Internal Revenue Service of the United States Department of the Treasury by the Nevada tax commission, the department or any of their employees pursuant to this chapter are confidential in nature and, except insofar as may be necessary for the enforcement of this chapter, as an employee of the department has a need to know the information or as may be permitted by this chapter, must not be disclosed.
Sec. 35. 1. The department shall deposit all payments received pursuant to this chapter in the state general fund.
2. The money deposited in the state general fund pursuant to subsection 1 must be accounted for separately and may only be expended upon legislative appropriation.
Sec. 36. NRS 375A.305 is hereby amended to read as follows:
375A.305 1. [If any personal representative fails to pay any tax, interest or penalty at the time that it becomes due, the amount thereof, including penalties and interest, together with any costs in addition thereto, is a perfected and enforceable lien for taxes. Except as otherwise provided in subsections 2 to 5, inclusive, the provisions of NRS 360.420 to 360.560, inclusive, apply to the lien.
2. If the lien is not extinguished pursuant to subsection 3, 4 or 5, or otherwise released or discharged, it expires 10 years from the time a determination of deficiency is issued if, within that period, no notice of the lien has been recorded or filed as provided in NRS 360.450.
3. If suit or a proceeding for collection of the tax has not been instituted within 5 years after the tax becomes due, the lien ceases as to any bona fide purchaser, mortgagee or lessee of the property subject to the lien.
4. If property subject to the lien is sold, exchanged or otherwise transferred pursuant to the laws of this state relating to wills and the estates of deceased persons, the lien ceases as to the property and attaches to the proceeds or other consideration received.
5. If property subject to the lien is mortgaged, hypothecated or leased pursuant to the laws of this state relating to wills and the estates of deceased persons, the lien becomes subject to and subordinate to the rights and interest of the mortgagee, lessee or other person so secured or created, and attaches to the proceeds of the mortgage, hypothecation or lease.] The tax imposed by NRS 375A.100 becomes a lien upon the gross estate of the decedent on the date of death and remains as such until the tax, interest and penalties owed to the state are paid or the lien is otherwise discharged.
κ1989 Statutes of Nevada, Page 1501 (CHAPTER 652, AB 940)κ
2. If the tax is not paid when due, the person who had possession of the property of the gross estate on the date of death of the decedent is personally liable for the tax. If the person who is liable for the tax transfers property of the gross estate to a bona fide purchaser or holder of a security interest, the lien imposed by subsection 1 attaches at the moment of the transfer to all of the property of the person who is liable for the tax including property he acquires after the transfer, except the property which is transferred to a bona fide purchaser or a holder of a security interest. The lien does not attach to any property transferred to a bona fide purchaser or a holder of a security interest but it attaches to the consideration received for the property by the person who is liable for the tax.
3. If the lien is not extinguished or otherwise released or discharged, it expires 10 years after the date a determination of deficiency is issued if, within that period, no notice of the lien has been recorded or filed as provided in NRS 360.450.
4. Except as otherwise provided in this section, the provisions of NRS 360.420 to 360.560, inclusive, apply to the lien.
Sec. 37. A lien which existed pursuant to NRS 375A.305, as that section existed before it was amended by the provisions of this act, remains in effect to the extent allowable pursuant to NRS 375A.305 as amended by this act.
Sec. 38. This act becomes effective upon passage and approval.
________
Assembly Bill No. 951Committee on Government Affairs
CHAPTER 653
AN ACT relating to state financial administration; increasing the allowable size of a petty cash account of a state agency; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.057 is hereby amended to read as follows:
353.057 1. The state board of examiners may authorize the establishment of a petty cash account not to exceed [$100] $250 by any state agency out of the agencys budgeted resources.
2. If a petty cash account is [so] authorized for any state agency, the state board of examiners shall:
(a) Define the purposes for which the petty cash account may be used; and
(b) Provide that replenishment claims [shall] must be paid from the agencys budgeted resources and processed as other claims against the state are paid.
Sec. 2. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 1502κ
Senate Bill No. 347Committee on Taxation
CHAPTER 654
AN ACT relating to the county motor vehicle fuel tax; providing for an increase in such a tax; requiring the approval of the registered voters of the county to increase the tax under certain circumstances; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 373.030 is hereby amended to read as follows:
373.030 1. In any county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance:
[1.] (a) Create a regional transportation commission; and
[2.] (b) Impose a tax on motor vehicle fuel sold in the county in an amount not to exceed [4] 9 cents per gallon.
[In lieu of imposing the tax by ordinance,]
2. If a tax is proposed in an amount which would result in a total tax of not more than 4 cents per gallon, the board may submit the proposed tax to the registered voters of the county at any election for their approval.
3. If a tax is proposed in an amount which would result in a total tax of more than 4 cents per gallon, the board shall submit the proposed tax to the registered voters of the county at any election for their approval. If the tax is approved, the board, by ordinance, shall impose such a tax.
4. A tax imposed under this section is in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
Sec. 2. NRS 373.060 is hereby amended to read as follows:
373.060 Any ordinance enacted pursuant to [subsection 2] paragraph (b) of subsection 1 of NRS 373.030 [shall] must provide that the county motor vehicle fuel tax [shall] will be imposed on the first day of the second calendar month following the enactment of the ordinance.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 1503κ
Senate Bill No. 418Senators Vergiels, Rawson, Horn, Beyer, Coffin, Getto, Hickey, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rhoads, Shaffer, Smith, Titus, Townsend and Wagner
CHAPTER 655
AN ACT relating to veterans cemeteries; making an appropriation to complete the development of land for veterans cemeteries in northern and southern Nevada; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 432, Statutes of Nevada 1987, at page 993, is hereby amended to read as follows:
Sec. 7. Any remaining balance of the appropriations made by section 6 of this act must not be committed for expenditure after June 30, [1989,] 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. There is hereby appropriated from the state general fund to the Nevada commissioner for veteran affairs:
1. The sum of $93,279 to complete the development of land for a veterans cemetery in northern Nevada; and
2. The sum of $203,698 to complete the development of land for a veterans cemetery in southern Nevada.
Sec. 3. Any remaining balance of the appropriations made by section 2 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. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 432Committee on Taxation
CHAPTER 656
AN ACT relating to taxation; making various changes to the provisions concerning the tax imposed when real property is conveyed; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375.010 is hereby amended to read as follows:
375.010 The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
κ1989 Statutes of Nevada, Page 1504 (CHAPTER 656, SB 432)κ
1. Deed means every instrument in writing, except a last will and testament, whatever [may be] its form, and by whatever name it [may be] is known in law, by which title to any estate or present interest in real property is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years or an easement.
2. [Escrow means the delivery of a deed by the grantor into the hands of a third person, including attorneys, title companies and real estate brokers or any other person engaged in the business of administering escrows for compensation, to be held by such third person until the happening of a contingency or performance of a condition, and then by him delivered to the grantee, promisee or obligee.
3.] Value means:
(a) In the case of any deed not a gift, the amount of the full, actual consideration [therefor,] paid or to be paid, excluding the amount of any lien or liens assumed.
(b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
Sec. 2. NRS 375.020 is hereby amended to read as follows:
375.020 1. A tax, at the rate of 55 cents for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, [when] if the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining [thereon] on the interest or property at the time of sale, exceeds $100.
2. The amount of tax [shall] must be computed on the basis of the value of the transferred real property as [determined by the information supplied as required by NRS 375.050 or as declared by the escrow holder] declared pursuant to NRS 375.060.
Sec. 3. NRS 375.030 is hereby amended to read as follows:
375.030 [1.] If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 is offered for recordation, the county recorder shall compute the amount of the tax due [thereon and, except as provided in subsection 2,] and shall collect that amount before acceptance of the deed for recordation.
[2. An escrow holder may tender a deed for recordation without paying the tax at that time, but must pay the tax due thereon within 3 months after the recording.]
Sec. 4. NRS 375.060 is hereby amended to read as follows:
375.060 [If any] Each deed evidencing a transfer of title of real property [goes through escrow, at the time the deed] that is presented for recordation [, the escrow holder shall declare] to the county recorder [the value of the property transferred.] must be accompanied by a declaration of value made on a form prescribed by the Nevada tax commission.
κ1989 Statutes of Nevada, Page 1505 (CHAPTER 656, SB 432)κ
Sec. 5. NRS 375.100 is hereby amended to read as follows:
375.100 [1.] The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter [when] if the tax has not been paid . [, except as provided in subsection 2 of NRS 375.030.
2. A county recorder is responsible for the failure of an escrow holder subsequently to pay the tax pursuant to subsection 2 of NRS 375.030.]
Sec. 6. NRS 375.110 is hereby amended to read as follows:
375.110 Any [grantee who willfully falsifies the value of transferred real property declared pursuant to NRS 375.050 or any escrow holder] person who willfully falsely declares the value of transferred real property pursuant to NRS 375.060 is guilty of a misdemeanor and shall pay the amount of any additional tax required on account of [such] the falsification.
Sec. 7. NRS 375.050 is hereby repealed.
Sec. 8. This act becomes effective upon passage and approval.
________
Senate Bill No. 500Senator Jacobsen
CHAPTER 657
AN ACT relating to emergency medical services; clarifying the scope of authority of local boards of health; exempting the records of certain committees relating to emergency medical services from discovery; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450B.150 is hereby amended to read as follows:
450B.150 1. Except as otherwise provided in subsection 2, the health division shall administer and enforce the provisions of this chapter and the regulations, standards and procedures of the board established [under] pursuant to the provisions of this chapter.
2. In a county whose population is 250,000 or more, the county or district board of health shall:
(a) Adopt regulations, standards and procedures for the administration of this chapter ; [, subject to review by the board;] and
(b) Administer and enforce the provisions of this chapter.
The county or district board of health in [such] those counties may perform all duties and exercise all powers of the health division pursuant to this chapter [.] , except those duties and powers set forth in NRS 450B.236 to 450B.239, inclusive.
3. Except as otherwise provided in subsection 2, the health division and its authorized agents shall enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and vehicles of persons and governmental entities providing services regulated [under] pursuant to the provisions of this chapter.
κ1989 Statutes of Nevada, Page 1506 (CHAPTER 657, SB 500)κ
Sec. 2. NRS 49.265 is hereby amended to read as follows:
49.265 1. Except as otherwise provided in subsection 2:
(a) The proceedings and records of [organized] :
(1) Organized committees of hospitals , and organized committees of organizations that provide emergency medical services pursuant to the provisions of chapter 450B of NRS, having the responsibility of evaluation and improvement of the quality of care rendered [in the hospital and review] by those hospitals or organizations; and
(2) Review committees of medical or dental societies ,
are not subject to discovery proceedings.
(b) No person who attends a meeting of any such committee may be required to testify concerning the proceedings at the meeting.
2. The provisions of subsection 1 do not apply to:
(a) Any statement made by a person in attendance at such a meeting who is a party to an action or proceeding the subject of which is reviewed at the meeting.
(b) Any statement made by a person who is requesting staff privileges at a hospital.
(c) The proceedings of any meeting considering an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the limits of the policy.
(d) Any matter relating to the proceedings or records of such committees which is contained in health care records furnished in accordance with NRS 629.061.
________
Senate Bill No. 444Senators Joerg, Beyer, Coffin, Getto, Raggio, Shaffer and Smith
CHAPTER 658
AN ACT relating to taxes on retail sales; clarifying that certain retailers are deemed to maintain an agent or place of business in this state requiring the collection of the use tax and certain analogous taxes; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In administering the provisions of this chapter, the department shall construe the term retailer maintaining a place of business in this state to include:
1. A retailer maintaining, occupying or using, permanently or temporarily, directly or indirectly, or through a subsidiary or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or place of storage, or any other place of business, in this state.
κ1989 Statutes of Nevada, Page 1507 (CHAPTER 658, SB 444)κ
2. A retailer having any representative, agent, salesman, canvasser or solicitor operating in this state under the authority of the retailer or its subsidiary to sell, deliver or take orders for tangible personal property.
3. With respect to a lease, a retailer deriving rentals from a lease of tangible personal property situated in this state.
4. A retailer soliciting orders for tangible personal property through a system for shopping by means of telecommunication or television, using toll-free telephone numbers, which is intended by the retailer to be broadcast by cable television or other means of broadcasting to persons located in this state.
5. A retailer who, pursuant to a contract with a broadcaster or publisher located in this state, solicits orders for tangible personal property by means of advertising which is disseminated primarily to persons located in this state and only secondarily to bordering jurisdictions.
6. A retailer soliciting orders for tangible personal property by mail or electronic facsimile if the solicitations are substantial and recurring and if the retailer benefits from any activities occurring in this state related to banking, financing, the collection of debts, telecommunication or marketing, or benefits from the location in this state of authorized facilities for installation, servicing or repairs.
7. A retailer owned or controlled by the same person who owns or controls a retailer who maintains a place of business in the same or a similar line of business in this state.
8. A retailer having a person operating under its trade name, pursuant to a franchise or license authorized by the retailer, if the person so operating is required to collect the tax pursuant to section 36 of chapter 397, Statutes of Nevada 1955.
9. A retailer who, pursuant to a contract with the operator of a system of cable television located in this state, solicits orders for tangible personal property by means of advertising which is transmitted or distributed over a system of cable television in this state.
Sec. 3. 1. Notwithstanding any other provision of law, any broadcaster, printer, outdoor advertising firm, advertising distributor or publisher which broadcasts, publishes, displays or distributes paid commercial advertising in this state which is intended to be disseminated primarily to persons located in this state and is only secondarily disseminated to bordering jurisdictions, including advertising appearing exclusively in a Nevada edition or section of a national publication, must be regarded, for the purposes set forth in subsection 2 only, as the agent of the person or entity placing the advertisement, and as a retailer maintaining a place of business in this state.
2. The agency created by this section is solely for the purpose of the proper administration of this chapter, to prevent evasion of the use tax and the duty to collect the use tax, and to provide a presence in Nevada for the collection of the use tax by and from advertisers and sellers who do not otherwise maintain a place of business in this state. The agent has no responsibility to report, or liability to pay, any tax imposed under this chapter and is not restricted by the provisions of this chapter from accepting advertisements from advertisers or sellers who do not otherwise maintain a place of business in this state.
κ1989 Statutes of Nevada, Page 1508 (CHAPTER 658, SB 444)κ
Sec. 4. Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. In administering the provisions of this chapter, the department shall construe the term retailer maintaining a place of business in a county to include:
1. A retailer maintaining, occupying or using, permanently or temporarily, directly or indirectly, or through a subsidiary or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or place of storage, or any other place of business, in the county.
2. A retailer having any representative, agent, salesman, canvasser or solicitor operating in the county under the authority of the retailer or its subsidiary to sell, deliver or take orders for tangible personal property.
3. With respect to a lease, a retailer deriving rentals from a lease of tangible personal property situated in the county.
4. A retailer soliciting orders for tangible personal property through a system for shopping by means of telecommunication or television, using toll-free telephone numbers, which is intended by the retailer to be broadcast by cable television or other means of broadcasting to persons located in the county.
5. A retailer who, pursuant to a contract with a broadcaster or publisher located in this state, solicits orders for tangible personal property by means of advertising which is disseminated primarily to persons located in the state and only secondarily to bordering jurisdictions, and which is disseminated to persons located in the county.
6. A retailer soliciting orders for tangible personal property by mail or electronic facsimile if the solicitations are substantial and recurring and if the retailer benefits from any activities occurring in the county related to banking, financing, the collection of debts, telecommunication or marketing, or benefits from the location in the county of authorized facilities for installation, servicing or repairs.
7. A retailer owned or controlled by the same persons who own or control a retailer who maintains a place of business in the same or a similar line of business in the county.
8. A retailer having a person operating under its trade name, pursuant to a franchise or license authorized by the retailer, if the person so operating is required to collect the tax pursuant to NRS 374.200.
9. A retailer who, pursuant to a contract with the operator of a system of cable television located in the state, solicits orders for tangible personal property by means of advertising which is transmitted or distributed over a system of cable television in the county.
Sec. 6. 1. Notwithstanding any other provision of law, any broadcaster, printer, outdoor advertising firm, advertising distributor or publisher which broadcasts, publishes, displays or distributes paid commercial advertising in a county which is intended to be disseminated primarily to persons located in this state and is only secondarily disseminated to bordering jurisdictions, including advertising appearing exclusively in the Nevada edition or section of a national publication, must be regarded, for the purposes set forth in subsection 2 only, as the agent of the person or entity placing the advertisement, and as a retailer maintaining a place of business in the county.
κ1989 Statutes of Nevada, Page 1509 (CHAPTER 658, SB 444)κ
2. The agency created by this section is solely for the purpose of the proper administration of this chapter, to prevent evasion of the use tax and the duty to collect the use tax, and to provide a presence in the county for the collection of the use tax by and from advertisers and sellers who do not otherwise maintain a place of business in the county. The agent has no responsibility to report, or liability to pay, any tax imposed under this chapter and is not restricted by the provisions of this chapter from accepting advertisements from out-of-state advertisers or sellers who do not otherwise maintain a place of business in the county.
________
Senate Bill No. 436Committee on Judiciary
CHAPTER 659
AN ACT relating to crimes; extending the period during which an application for compensation for certain victims of crime must be filed; authorizing the payment of compensation for psychological counseling for certain relatives of victims of crime; requiring compensation officers to receive instruction in the methods of interviewing victims of crime; prohibiting the abuse or neglect of a child by a minor; making various changes concerning the punishment and eligibility for parole of a person convicted of certain offenses concerning minors; providing a penalty; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:
Any information which a compensation officer obtains in the investigation of a claim for compensation pursuant to NRS 217.090 or which is submitted pursuant to NRS 217.100 is confidential and must not be disclosed except:
1. Upon the request of the applicant or his attorney;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
Sec. 2. NRS 217.090 is hereby amended to read as follows:
217.090 1. The clerk of the board shall appoint one or more compensation officers.
2. A compensation officer shall:
(a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:
(1) Compiling bills and medical reports from physicians who have treated the victim for his injury;
(2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury and verifying that information with the employer of the victim;
(3) Obtaining and reviewing reports of peace officers and statements of witnesses; and
κ1989 Statutes of Nevada, Page 1510 (CHAPTER 659, SB 436)κ
(4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.
(b) After completing his investigation, make a report and recommendation to the hearing officer.
3. Each compensation officer appointed by the board must receive at least 8 hours of instruction concerning the methods used to interview victims of crime before he may conduct interviews as a compensation officer.
Sec. 3. NRS 217.160 is hereby amended to read as follows:
217.160 The hearing officer may order the payment of compensation:
1. To or for the benefit of the victim;
2. If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury; [or]
3. If the victim dies, to or for the benefit of any one or more of the dependents of the victim [.] ; or
4. To a member of the victims household for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010. As used in this subsection, household means an association of persons who live in the same home or dwelling and who:
(a) Have significant personal ties to the victim; or
(b) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.
Sec. 4. NRS 217.210 is hereby amended to read as follows:
217.210 1. Except as otherwise provided in subsection 3, no order for the payment of compensation may be made unless the application is made within 1 year after the date of the personal injury or death on which the claim is based, and the personal injury or death was the result of an incident or offense which was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.
2. A claim with respect to which information has been requested from a claimant by the compensation officer or hearing officer remains open for 1 year after the request is made. If a claimant does not submit the requested information within 1 year after the request is made, the claim must be denied.
3. The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching [18] 21 years of age.
Sec. 5. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any [adult] person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
κ1989 Statutes of Nevada, Page 1511 (CHAPTER 659, SB 436)κ
result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years.
3. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
Sec. 6. NRS 201.195 is hereby amended to read as follows:
201.195 1. Any person who incites, entices or solicits a minor to engage in acts which would constitute the infamous crime against nature if performed by an adult:
[1.] (a) If the minor actually engaged in such acts as a result, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
[2. Is guilty of a gross misdemeanor if]
(b) If the minor did not engage in such acts [.] :
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. A person convicted of violating any of the provisions of subsection 1 may not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
(2) The director of the department of prisons or his designee; and
(3) A physician authorized to practice medicine in Nevada who is also a qualified psychiatrist,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
κ1989 Statutes of Nevada, Page 1512 (CHAPTER 659, SB 436)κ
Sec. 7. Section 2 of Assembly Bill No. 782 of this session is hereby amended to read as follows:
Sec. 2. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years.
3. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
Sec. 8. 1. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1989.
2. The remaining sections of this act become effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1513κ
Assembly Bill No. 50Assemblymen Adler, Sheerin, Gaston, Regan, Bergevin, Freeman, Porter, Banner, Swain, Spinello, Wendell Williams, Nevin, Gibbons, Brookman, Garner, Thompson, Arberry, Myrna Williams, Kissam, Evans, Sedway, Diamond and Dini
CHAPTER 660
AN ACT relating to state personnel; increasing the subsistence allowance for state officers and employees who are traveling on state business; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of [$47.50] $58 for each 24-hour period during which he is away from the office and within the state, and [$21] $24 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.
2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.
3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, 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 and special use vehicles. The allowance for travel by private conveyance is 24 cents per mile traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 12 cents per mile traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than 30 cents per mile traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of 12 cents per mile traveled.
κ1989 Statutes of Nevada, Page 1514 (CHAPTER 660, AB 50)κ
5. The state board of examiners may establish reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.
6. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 287Committee on Commerce
CHAPTER 661
AN ACT relating to cigarettes; prohibiting the sale of cigarettes by a wholesale dealer below cost; prohibiting a retail dealer from purchasing cigarettes below cost to the wholesale dealer; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. Basic cost of cigarettes means the invoice or replacement cost of cigarettes to the wholesale dealer in the quantity last purchased, whichever is lower, plus the full value of any cigarette revenue stamps that are affixed to the packages, packets or containers of cigarettes, if not included in the invoice cost, less all trade discounts, except cash discounts.
Sec. 3. Cost to the wholesale dealer means the basic cost of cigarettes to the wholesale dealer plus the cost of doing business by the wholesale dealer as evidenced by the standards and methods of accounting regularly employed by the wholesale dealer in the determination of costs for the purpose of reporting federal income tax for the total operation of his establishment, and includes costs for labor, salaries of executives and officers, rent, depreciation, sales, maintenance of equipment, delivery, interest payable, licenses, taxes, insurance and advertising, expressed as a percentage of and applied to the basic cost of cigarettes.
Sec. 4. Sale at wholesale means a bona fide transfer of title to cigarettes for a valuable consideration, made in the ordinary course of trade or in the usual conduct of the wholesale dealers business, to a retail dealer for the purpose of resale.
Sec. 5. 1. A wholesale dealer shall not, with intent to injure competitors or destroy or lessen competition substantially:
(a) Advertise, offer to sell or sell at wholesale, cigarettes at less than the cost to the wholesale dealer; or
(b) Offer any rebate or concession in price or give any rebate or concession in price in connection with the sale of cigarettes.
κ1989 Statutes of Nevada, Page 1515 (CHAPTER 661, AB 287)κ
2. A retail dealer shall not:
(a) Induce, attempt to induce, procure or attempt to procure the purchase of cigarettes at a price less than the cost to the wholesale dealer; or
(b) Induce, attempt to induce, procure or attempt to procure any rebate or concession in connection with the purchase of cigarettes.
3. A person who violates the provisions of this section shall be punished by a fine of not more than $50 for each offense.
4. Evidence of:
(a) An advertisement, an offer to sell or the sale of cigarettes by a wholesale dealer at less than the cost to him;
(b) An offer of a rebate in price, the giving of a rebate in price, an offer of a concession or the giving of a concession in connection with the sale of cigarettes; or
(c) The inducement, attempt to induce, procurement or attempt to procure the purchase of cigarettes at a price less than the cost to the wholesale dealer, is prima facie evidence of intent and likelihood to injure competition and to destroy or lessen competition substantially.
Sec. 6. The executive director may adopt regulations for the enforcement of sections 5 to 16, inclusive, of this act, and may undertake a survey of costs for the purposes of section 14 of this act upon request by a wholesale dealer.
Sec. 7. 1. In determining the cost of cigarettes to a wholesale dealer:
(a) A fractional part of a cent amounting to 1/10 of 1 cent or more in cost to the wholesale dealer per carton of 10 packages of cigarettes must be rounded off to the next higher cent.
(b) Merchandise given without charge or a payment made to a wholesale dealer by a manufacturer for display, advertising or promotional purposes must not be considered.
(c) The invoice cost of cigarettes purchased at a forced sale, bankruptcy sale, closeout sale or other sale outside of the ordinary channels of trade must not be used to justify a price lower than the replacement cost of cigarettes to the wholesale dealer in the quantity last purchased through the ordinary channels of trade.
2. In the absence of proof of a lower or higher cost of doing business by a wholesale dealer, the cost of doing business is the dealers average cost of operation, expressed as a percentage of the basic cost of cigarettes.
Sec. 8. In advertisements, offers for sale or sales involving two or more items, at least one of which is cigarettes, at a combined price, and in advertisements, offers for sale or sales involving the giving of a concession, the wholesale dealers selling price must not be below the cost to the wholesale dealer of the cigarettes included in such transactions and the invoice cost of all other articles, products, commodities and concessions included in the advertisements, offers for sale or sales, whether the cost is paid by the retail dealer, the wholesale dealer or any other person.
Sec. 9. If a wholesale dealer sells cigarettes to another wholesale dealer, the seller is not required to charge the cost to the wholesale dealer, but the sale price must not be less than the basic cost of cigarettes. A wholesale dealer who sells cigarettes bought from another wholesale dealer to a retail dealer, or for use or consumption, shall be deemed to be making a sale at wholesale.
κ1989 Statutes of Nevada, Page 1516 (CHAPTER 661, AB 287)κ
Sec. 10. The provisions of sections 5 to 16, inclusive, of this act do not apply to a sale at wholesale made:
1. As an isolated transaction and not in the usual course of business;
2. When cigarettes are advertised, offered for sale or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertisement, offer to sell or sale states the reason therefor and the quantity of cigarettes advertised, offered for sale or to be sold;
3. When cigarettes are advertised, offered for sale or sold as imperfect or damaged and the advertising, offer to sell or sale states the reason therefor and the quantity of cigarettes advertised, offered for sale or to be sold;
4. When cigarettes are sold upon the final liquidation of a business; or
5. When cigarettes are advertised, offered for sale or sold by a fiduciary or other officer acting under the order or direction of a court.
Sec. 11. 1. A wholesale dealer may advertise, offer to sell or sell cigarettes at a price made in good faith to meet the lawful price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesale dealer.
2. The price of cigarettes advertised, offered for sale or sold under an exception specified in section 10 of this act or at a bankruptcy sale is not the price of a competitor for the purposes of this section.
3. In the absence of proof of the price of a competitor, the lowest cost to the wholesale dealer determined by a survey of costs that meets the requirements of section 14 of this act shall be deemed the price of a competitor.
Sec. 12. In determining cost to the wholesale dealer, the department or a court may consider evidence tending to show that a person purchased cigarettes at a fictitious price, upon terms, in a manner, or under invoices, to conceal the true cost, discount or terms of purchase. The department or the court may consider evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the area of trade or the state.
Sec. 13. A contract made by a person in violation of any of the provisions of sections 5 to 16, inclusive, of this act, is void and no recovery thereon may be made.
Sec. 14. If a survey of costs has been made in accordance with recognized statistical and cost-accounting practices for a trading area to establish the lowest cost to a wholesale dealer, the survey is competent evidence of the lowest cost to a wholesale dealer for the purposes of sections 5 to 16, inclusive, of this act.
Sec. 15. 1. An action may be maintained in any court of competent jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any provision of sections 5 to 16, inclusive, of this act. An action may be instituted by any person injured by a violation or threatened violation of sections 5 to 16, inclusive, of this act, or by the attorney general upon the request of the executive director. If in such an action, a violation or threatened violation is established, the court shall enjoin and restrain, or otherwise prohibit the violation or threatened violation. In such an action it is not necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff, in addition to injunctive relief and costs of the suit, including reasonable attorneys fees, may recover from the defendant the actual damages sustained by the plaintiff.
κ1989 Statutes of Nevada, Page 1517 (CHAPTER 661, AB 287)κ
including reasonable attorneys fees, may recover from the defendant the actual damages sustained by the plaintiff.
2. If no injunctive relief is sought or required, any person injured by a violation of the provisions of sections 5 to 16, inclusive, of this act, may maintain an action for damages and costs, including attorneys fees, in any court of competent jurisdiction.
Sec. 16. 1. The department may suspend or revoke the license of a retail or wholesale dealer who violates the provisions of sections 5 to 16, inclusive, of this act, or any regulation adopted thereunder, after notice to the licensee and a hearing as prescribed by the department.
2. The department, upon a finding that the licensee has failed to comply with any provision of sections 5 to 16, inclusive, of this act, or any regulation adopted by the executive director, shall, in the case of a first offender, suspend the license of the licensee for not less than 5 nor more than 20 consecutive business days. If the department finds the offender has been guilty of willful and persistent violations, it may suspend for not more than 6 months or revoke the persons license.
3. A person whose license has been revoked may apply to the department at the end of 1 year for a reinstatement of his license. The department may reinstate the license if the department determines that the licensee will comply within the provisions of this chapter and the regulations adopted by the department.
4. A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of suspension or revocation on the premises occupied by him or upon other premises controlled by him. The expiration, transfer, surrender, continuance, renewal or extension of a license issued pursuant to this chapter does not bar or abate any disciplinary proceedings or action.
Sec. 17. NRS 370.001 is hereby amended to read as follows:
370.001 As used in NRS 370.010 to 370.430, inclusive, and sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 370.010 to 370.055, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 18. NRS 370.010 is hereby amended to read as follows:
370.010 Cigarette means all rolled tobacco or substitutes therefor wrapped in paper or any substitute other than tobacco [.] , irrespective of size or shape and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient.
Sec. 19. NRS 370.055 is hereby amended to read as follows:
370.055 Wholesale dealer means:
1. Any person who brings or causes to be brought into this state unstamped cigarettes purchased from the manufacturer or another wholesaler, and who stores, sells or otherwise disposes of them within the state . [; and]
2. Any person who manufactures or produces cigarettes within this state and who sells or distributes them within the state.
κ1989 Statutes of Nevada, Page 1518 (CHAPTER 661, AB 287)κ
3. Any person who acquires cigarettes solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only.
________
Assembly Bill No. 578Committee on Ways and Means
CHAPTER 662
AN ACT relating to state museums; revising the provisions governing the administration of the department of museums and history; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. All money and the proceeds from property received by the department or any institution or other division of the department through any grant other than a grant of federal money, bequest or devise, and the proceeds from memberships, sales, interest and dividends from any sources other than appropriation by the legislature, admission charges and sales of tickets for train rides, are private money and not state money. The board shall establish a department of museums and history dedicated trust fund. All private money must be accounted for in that fund. No other money may be accounted for in that fund.
2. Except as otherwise provided in this chapter, all of the money in the dedicated trust fund must be deposited in a financial institution to draw interest or be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the board. The provisions of subsections 3 and 4 of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.
3. The board shall account separately for the portions of the private money received by each institution or division of the department but may combine all or any portion of the private money for the purposes of investment and reinvestment.
4. The board shall adopt an investment policy for the private money.
Sec. 3. 1. Except as otherwise provided in subsection 2:
(a) The private money must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the board.
(b) The board or its designee shall submit a report to the interim finance committee semiannually concerning the investment and expenditure of the private money in such form and detail as the interim finance committee determines is necessary.
(c) A separate statement concerning the anticipated amount and proposed expenditures of the private money must be submitted to the chief of the budget division of the department of administration for his information at the same time and for the same fiscal years as the proposed budget of the department submitted pursuant to NRS 353.210.
κ1989 Statutes of Nevada, Page 1519 (CHAPTER 662, AB 578)κ
division of the department of administration for his information at the same time and for the same fiscal years as the proposed budget of the department submitted pursuant to NRS 353.210. The statement must be attached to the proposed budget of the department when it is submitted to the legislature.
2. Any private money which the board authorizes for use in funding all or part of a classified or unclassified position or an independent contractor must be included in the budget prepared for the department pursuant to chapter 353 of NRS. The board shall transfer to the state treasurer for deposit in the appropriate general fund budget account of the department any money necessary to pay the payroll costs for the positions that it has agreed to partially or fully fund from private money. The money must be transferred on a regular basis at such times as the state treasurer determines is necessary.
Sec. 4. 1. The statutory requirements on the expenditure of public money in chapters 333, 338, 341 and 344 of NRS do not apply to the expenditure of private money.
2. The board may authorize independent contractors which may be funded in whole or in part from private money.
Sec. 5. The board may establish a petty cash account for the department and each institution and division of the department in an amount not to exceed $100 for each account. Reimbursement of the account must be made from appropriated money paid out on claims as other claims against the state are paid.
Sec. 6. NRS 381.002 is hereby amended to read as follows:
381.002 1. The board of museums and history, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall [appoint as members of the board:
(a) Ten persons, each of whom must be a member of one of the institutions of the department who is familiar with that institution; and
(b) One other person.
3. The governor shall] designate the chairman of the board from among its members.
3. Upon recommendation of the chairman of the board, the governor may appoint two additional members to the board.
4. The board shall meet regularly at least six times each year and may meet at other times upon the call of its chairman.
5. The board [shall establish nonadministrative policies for the department.] may develop and approve policy for:
(a) All administrative, technical and procedural activities of the department, including the institutions and other divisions; and
(b) The organization of the department, including the institutions and other divisions, in a manner which will ensure efficient operation.
6. The board must approve any expansion of an institution or other division of the department and any new institutions or other additions to the department before the expansion or addition is implemented.
7. The board may delegate one or more of its powers to the administrator and the director or curator of an institution or other division of the department.
κ1989 Statutes of Nevada, Page 1520 (CHAPTER 662, AB 578)κ
8. The board may adopt such regulations as it deems necessary to carry out its powers and duties, consistent with all legislative enactments relating thereto.
Sec. 7. NRS 381.0045 is hereby amended to read as follows:
381.0045 [A membership in one institution of the department automatically provides the benefits of membership in all institutions of the department.] The board shall establish:
1. Categories of memberships in the institutions and divisions of the department and the fees to be charged for the memberships.
2. Fees for admission to the institutions and other divisions of the department. Children under the age of 18 years must be admitted free of charge.
3. Policies and charges for the incidental use, rental and lease of the buildings, equipment, fixtures and other property of the department and its institutions and other divisions.
Sec. 8. NRS 381.090 is hereby amended to read as follows:
381.090 1. In addition to [such funds as may be dedicated, granted or otherwise received by the museum from private individuals, firms, associations or corporations, funds] private money, the funding to carry out the provisions of NRS 381.010 to 381.190, inclusive, [shall] must be provided by legislative appropriation from the state general fund, and [shall] must be paid out as other claims against the state are paid.
2. The director may audit and approve all bills, claims and accounts of the Nevada state museum.
[3. All moneys and property received by the museum through any grant, bequest or devise, and the proceeds from memberships, sales, interest or dividends from any sources other than appropriation by the legislature, are under the control of the director. The director shall place such moneys in savings institutions to draw interest or be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the director. Such moneys shall be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the director.]
Sec. 9. NRS 381.160 is hereby amended to read as follows:
381.160 The director:
1. May govern, manage and control the exhibit and display of all property and things of the Nevada state museum at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. May negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
3. Shall [adopt regulations establishing] establish fees for admission to see those displays or exhibits, either at the Nevada state museum or elsewhere . [, but he may not adopt any regulation permitting the charging of a fee:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges for permanent employees.
κ1989 Statutes of Nevada, Page 1521 (CHAPTER 662, AB 578)κ
(b) Of more than $2 for each person who is 18 years of age or older to see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada.] Children under the age of 18 years must be admitted free of charge.
Sec. 10. NRS 381.375 is hereby amended to read as follows:
381.375 1. In addition to [such money as may be dedicated, granted or otherwise received by the Nevada museum and historical society from private persons, firms, associations or corporations,] private money, the money to carry out the provisions of NRS [381.355] 381.345 to 381.445, inclusive, must be provided by legislative appropriation from the state general fund, and must be paid out on claims as other claims against the state are paid.
2. The director may audit and approve all bills, claims and accounts of the society.
[3. All money and property received by the society through any grant, bequest or devise, and the proceeds from memberships, sales, interest or dividends from any sources other than appropriation by the legislature, are under the control of the director. The money must be budgeted and expended, within any limitations specified by particular donors, at the discretion of the director.]
Sec. 11. NRS 381.435 is hereby amended to read as follows:
381.435 The director:
1. May govern, manage and control the exhibit and display of all property and things of the Nevada museum and historical society at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. May negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada museum and historical society and respecting the terms and cost, the manner, time, place and extent and the return thereof.
3. Shall [adopt regulations establishing] establish fees for admission to see those displays or exhibits, either at the Nevada museum and historical society or elsewhere . [, but he may not adopt any regulation permitting the charging of a fee:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges or charges for permanent employees.
(b) To see the permanent exhibits or displays at the Nevada museum and historical society in Las Vegas, Nevada.] Children under the age of 18 years must be admitted free of charge.
Sec. 12. NRS 381A.030 is hereby amended to read as follows:
381A.030 The board of museums and history shall adopt regulations:
1. Governing the use and operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the division of Nevada state railroad museums . [for television and producing motion pictures, and fixing the charges for such use.]
2. For the safe operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the division of Nevada state railroad museums.
κ1989 Statutes of Nevada, Page 1522 (CHAPTER 662, AB 578)κ
Sec. 13. As soon as practicable after the effective date of this act, the state treasurer shall pay the unencumbered balance of the historical dedicated trust fund created pursuant to NRS 382.017 to the chairman of the board of museums and history for deposit in a financial institution pursuant to section 2 of this act. The money paid to the chairman of the board pursuant to this section must be accounted for in the department of museums and history dedicated trust fund created pursuant to the provisions of section 2 of this act.
Sec. 14. NRS 381.0065, 381.105, 381.110, 381.295, 381.305, 381.385, 381.395, 381A.060, 381A.070, 382.015, 382.016 and 382.017 are hereby repealed.
Sec. 15. This act becomes effective upon passage and approval.
________
Assembly Bill No. 586Assemblymen Dini, Jeffrey, Adler and Thompson
CHAPTER 663
AN ACT relating to the state fire marshal; expanding his authority regarding certain training programs; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.039 is hereby amended to read as follows:
477.039 1. The state fire marshal shall:
[1.] (a) Furnish and administer programs for the training of firemen;
[2.] (b) Describe the programs [which] that are available for training of firemen and notify fire departments of the availability of these programs;
[3.] (c) Administer a program to certify firemen, whenever requested to do so, for successful completion of a training program;
[4.] (d) Develop a program to train instructors; [and
5.] (e) Assist other agencies and organizations to prepare and administer training programs [.] ; and
(f) Establish a regional hazardous materials training facility and furnish training programs concerning hazardous materials for emergency personnel, agencies and other persons.
2. The state fire marshal may enter into agreements for the procurement of necessary services or property, may accept gifts, grants, services or property for the training programs and may charge fees for training programs, materials or services provided.
________
κ1989 Statutes of Nevada, Page 1523κ
Assembly Bill No. 628Assemblymen McGaughey, Thompson, Schofield, Garner, Regan, Dini, Brookman, Myrna Williams, Banner, Freeman, Humke, Wendell Williams, Spinello, Kerns, DuBois, Fay, Marvel, Gibbons, Carpenter, Gaston, Porter, Evans, Swain, Bergevin, Nevin, Sedway, Diamond, Spriggs, Wisdom, Lambert, McGinness, Bogaert, Adler, Arberry, Triggs, Kissam, Sheerin, Price, Callister and Chowning
CHAPTER 664
AN ACT relating to the control of floods; exempting certain contracts of a flood control district from bidding and other requirements; expanding the authority of the board of directors of a district relating to the acquisition and construction of projects for the control of flood and storm waters; permitting a board to authorize certain changes to a facility without amending the master plan of the district; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 543 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Except as otherwise provided in subsection 3, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to any contract entered into by a flood control district for the construction of a flood control facility pursuant to the master plan, if a majority of the construction costs are paid by a private developer and the written agreement:
1. Complies with the requirements of subsection 1 of NRS 543.360;
2. Clearly sets forth the computation of the construction costs, and includes the terms and conditions of the contract; and
3. Contains a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work performed pursuant to the contract.
Sec. 3. 1. Flood control facilities constructed by local governments must be constructed in compliance with the master plan. Local governments may request an amendment to the master plan pursuant to NRS 543.597.
2. State agencies shall consider the master plan when planning and designing their flood control facilities. Whenever practicable, state agencies shall comply with the master plan.
Sec. 4. NRS 543.185 is hereby amended to read as follows:
543.185 Hydrographic area means the drainage basin of a stream and its tributaries [, together with any other stream or body of water to which that stream is tributary.] as described in the master plan.
Sec. 5. NRS 543.360 is hereby amended to read as follows:
543.360 The board may:
1. By the affirmative vote of two-thirds of its members, acquire, construct, improve, extend, maintain and operate [projects] :
κ1989 Statutes of Nevada, Page 1524 (CHAPTER 664, AB 628)κ
(a) Projects and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district but flow into the district. [After July 1, 1986, no] Such a project or improvement [may] must not be acquired unless it is included in the master plan.
(b) Projects which mitigate the adverse effect of the acquired projects.
(c) Projects which are required as a result of the proposed alteration or diversion of a natural watercourse identified in the master plan for the control of drainage.
A project or improvement must not be acquired unless it is first approved by an agreement among the county and all the cities all or part of whose territory is included in the hydrographic area which specifically identifies it, contains an estimate of its cost, and shows its relation to the master plan.
2. Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing them to percolate into the soil within or without the district.
3. Save and conserve in any manner all or any of such waters and protect from floods or storm waters the watercourses, watersheds, public highways, life and property in the district.
4. Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.
5. Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.
Sec. 6. NRS 543.590 is hereby amended to read as follows:
543.590 1. After a district has been established, the board shall cause its chief engineer or qualified private engineers or consultants to make a survey of the problems of controlling floods in the district and to prepare a report setting forth:
(a) A description of existing facilities for the control of floods in the area.
(b) Recommendations as to cooperation between the district and the owner or owners of the facilities.
(c) Recommendations for the construction or other acquisition of facilities to carry out the purpose of the district, with a preliminary plan therefor.
(d) A description of the property proposed to be acquired or damaged in the performance of work.
(e) A map showing the boundaries of the district and location of the work proposed to be done.
(f) A map showing the hydrographic areas to be used by the district for planning and acquisition of projects and improvements.
(g) Such other facts and information as the board may request.
2. In the preparation of the report, the director of the state department of conservation and natural resources and the health division may assist in preliminary planning by:
(a) The assignment of technical, professional and administrative personnel.
(b) Providing information for engineering and other planning.
(c) Acting as coordinator and liaison between the district and participating local, state and federal agencies.
κ1989 Statutes of Nevada, Page 1525 (CHAPTER 664, AB 628)κ
Money expended in preliminary planning may, upon application to the director of the state department of conservation and natural resources and to the health division, be refunded, if money for these purposes has been appropriated by the legislature.
3. The chief engineer for the district shall then prepare for each hydrographic area a master plan for the control of floods which must set forth the most effective structural and regulatory means for correcting existing problems of flooding within the area and dealing with the probable effects of future development, taking into consideration the recommendations submitted in the report. In preparing the master plan, he shall incorporate insofar as possible the planning completed or undertaken by the county, each city all or part of whose territory is included in the area, and any private engineer or developer for any part of the area. The master plan may include as separate elements the immediate needs, indicating their relative priority, and other future needs. The master plan may also include bridge structures that may become necessary as a result of the implementation of the master plan.
4. When a master plan satisfactory to the board, and after review by the director of the state department of conservation and natural resources, is available, it must be tentatively adopted. A public hearing on the proposed work must be scheduled and notice of the hearing given by publication. After hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the master plan as the board considers desirable or the board may approve the tentative master plan as prepared. If changes are ordered a further hearing must be held pursuant to notice given by publication.
5. The county and each city all or part of whose territory is included within each hydrographic area shall then hold a public hearing to consider adopting the tentative master plan as a component of its master plan pursuant to chapter 278 of NRS. The master plan or its parts for the hydrographic area do not become final until adopted by the county and each city.
Sec. 7. NRS 543.597 is hereby amended to read as follows:
543.597 1. The districts chief engineer or any governmental entity may propose to add to or change the districts master plan. Any such proposal must be submitted to the district. Upon receipt of such a proposal, the board shall determine whether the proposal is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposal is determined to be generally consistent with the principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the districts master plan with the approval of two-thirds of the members of the board. The board shall file a copy of any amendment so adopted with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment.
2. Upon receipt of such an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the districts master plan approve the proposed amendment, it becomes effective.
κ1989 Statutes of Nevada, Page 1526 (CHAPTER 664, AB 628)κ
amendment to the districts master plan approve the proposed amendment, it becomes effective.
3. A change in the size, type or alignment of a facility may be authorized by the board without amending the master plan if the change:
(a) Is hydraulically similar to a proposed facility included in the master plan;
(b) Is the most cost-effective structural or regulatory means of controlling flood waters in the district; and
(c) Does not adversely affect the continued implementation of the master plan.
________
Assembly Bill No. 656Assemblyman Price
CHAPTER 665
AN ACT relating to taxes on fuels; revising the definition of dealer to include certain persons who produce ethyl alcohol; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.020 is hereby amended to read as follows:
365.020 1. Dealer means every person who:
(a) Refines, manufactures, compounds or otherwise produces motor vehicle fuel or fuel for jet or turbine-powered aircraft and sells or distributes the same in this state.
(b) Refines, manufactures, compounds or otherwise produces ethyl alcohol for use in a petroleum-ethanol mixture and sells or distributes the same in this state.
(c) Imports motor vehicle fuel or fuel for jet or turbine-powered aircraft into this state and sells or distributes it therein, whether in the original package or container in which it is imported or otherwise, or who uses the motor vehicle fuel or fuel for jet or turbine-powered aircraft in this state after having imported the fuel.
[(c)] (d) Having acquired motor vehicle fuel or fuel for jet or turbine-powered aircraft in this state in the original package or container, distributes or sells it in the original package or container or otherwise, or in any manner uses the fuel.
[(d)] (e) Otherwise acquires in this state for sale, use or distribution in this state motor vehicle fuel or fuel for jet or turbine-powered aircraft with respect to which there has been no prior taxable sale, use or distribution.
2. Dealer does not include any person who imports into this state motor vehicle fuel , [or] fuel for jet or turbine-powered aircraft , or ethyl alcohol in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under this chapter and who assumes liability for the collection and remittance of the applicable excise tax to this state.
κ1989 Statutes of Nevada, Page 1527 (CHAPTER 665, AB 656)κ
licensed as a dealer under this chapter and who assumes liability for the collection and remittance of the applicable excise tax to this state.
________
Assembly Bill No. 679Committee on Labor and Management
CHAPTER 666
AN ACT relating to unemployment compensation; creating a fund to establish an employment training program for claimants; requiring certain employers to make payments to the fund; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 4, in addition to any other contribution required by this chapter, each employer shall make payments into the fund for the employment of claimants at the rate of .05 percent of the wages he pays.
2. The interest and forfeit provisions of NRS 612.620 and 612.740, respectively, are inapplicable to the payments required by this section.
3. In determining unemployment compensation contribution rates assigned to employers pursuant to this chapter, payments paid into the fund for the employment of claimants pursuant to this section must remain separate from any other contribution paid pursuant to this chapter and must not be included in any manner in computing the contribution rates to be assigned to employers under NRS 612.550.
4. The provisions of this section do not apply to an employer:
(a) Who has been assigned a contribution rate of 5.4 percent pursuant to subsection 6 of NRS 612.550; or
(b) Who has elected to make reimbursement in lieu of contributions pursuant to NRS 612.553.
Sec. 3. 1. There is hereby created in the state treasury a fund for the employment of claimants as a special revenue fund. The executive director is responsible for the administration of the fund for the employment of claimants.
2. All payments collected pursuant to section 2 of this act must be deposited in the fund for the employment of claimants.
3. The executive director shall only expend the money in the fund for the employment of claimants to:
(a) Establish and administer an employment training program which must foster job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to unemployment compensation claimants; and
κ1989 Statutes of Nevada, Page 1528 (CHAPTER 666, AB 679)κ
(b) Pay the costs of the collection of payments required pursuant to section 2 of this act.
4. The money in the fund for the employment of claimants must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the state apprenticeship council.
Sec. 4. 1. Payments required pursuant to section 2 of this act accrue and become payable by each employer for each calendar quarter in which he is subject to the provisions of this chapter. Payments must be submitted from each employer to the executive director with the contributions submitted for the same calendar quarter and must not be deducted, in whole or in part, from the wages of persons in employment for that employer.
2. In making the payments required by section 2 of this act, a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in which case it must be increased to 1 cent.
Sec. 5. Collection of money from an employer delinquent in making contributions or payments pursuant to the provisions of this chapter must first be applied to pay his delinquent contributions to the unemployment compensation fund, then applied to pay his delinquent payments to the fund for the employment of claimants and finally to pay any penalty and interest imposed pursuant to the provisions of this chapter.
Sec. 6. NRS 612.540 is hereby amended to read as follows:
612.540 The standard rate of contributions [shall be 3] is 2.95 percent of wages paid by each employer during the calendar year with respect to employment. Each employer who becomes subject to the law on or after the first day of the first calendar quarter after February 25, 1965, shall pay contributions at a rate of [3] 2.95 percent until such time as he is eligible for a rate under NRS 612.550.
Sec. 7. NRS 612.545 is hereby amended to read as follows:
612.545 1. For the purposes of NRS 612.535 and 612.540, and section 2 of this act, wages do not include that part of the wages paid for employment to a person by an employer during any calendar year which exceeds 66 2/3 percent of the average annual wage, rounded to the nearest hundred dollars, for the preceding calendar year unless that part of the wages is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter. The average annual wage for employers who do not elect reimbursement in lieu of contributions must be computed as follows: On or before July 1, the total wages reported for the preceding calendar year by those employers who are subject to the provisions of this chapter must be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in that year.
2. For the purpose of this section:
(a) Any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer must be treated as a single unit with its predecessor for the calendar year in which the acquisition occurs.
(b) The wages paid by an employer to an employee performing services for him in another state upon which contributions are required to be paid by that employer under the unemployment compensation law of that state, must be included as part of the wages used to calculate the contributions in subsection 1.
κ1989 Statutes of Nevada, Page 1529 (CHAPTER 666, AB 679)κ
that employer under the unemployment compensation law of that state, must be included as part of the wages used to calculate the contributions in subsection 1.
Sec. 8. NRS 612.550 is hereby amended to read as follows:
312.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to the contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means a person who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means a person who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to a person in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to him for each calendar year in order to reflect his experience and classification. [No employers] The contribution rate of an employer may not be reduced below [3] 2.95 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than [3] 2.95 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
κ1989 Statutes of Nevada, Page 1530 (CHAPTER 666, AB 679)κ
than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer must be assigned the contribution rate of his predecessor.
4. Benefits paid to a person up to and including the computation date must be charged against the records, for experience rating, of his base-period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, except that:
(a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during his base period, and except as provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the [claimants] wages of the claimant for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.
(b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to [any employers] the experience rating record of any employer when no benefits would have been payable except [for] pursuant to NRS 612.295.
(c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of his base-period employers.
5. The executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year must be determined by the range within which his reserve ratio falls. The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which must be assigned the various contribution rates provided in subsection 6 . [of this section.] The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section must be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1..................................................................... [0.3] 0.25 percent
Class 2..................................................................... [0.6] 0.55 percent
Class 3..................................................................... [0.9] 0.85 percent
Class 4..................................................................... [1.2] 1.15 percent
Class 5..................................................................... [1.5] 1.45 percent
Class 6..................................................................... [1.8] 1.75 percent Class 7 [2.1] 2.05 percent
κ1989 Statutes of Nevada, Page 1531 (CHAPTER 666, AB 679)κ
Class 7..................................................................... [2.1] 2.05 percent
Class 8..................................................................... [2.4] 2.35 percent
Class 9..................................................................... [2.7] 2.65 percent
Class 10................................................................... [3.0] 2.95 percent
Class 11................................................................... [3.3] 3.25 percent
Class 12................................................................... [3.6] 3.55 percent
Class 13................................................................... [3.9] 3.85 percent
Class 14................................................................... [4.2] 4.15 percent
Class 15................................................................... [4.5] 4.45 percent
Class 16................................................................... [4.8] 4.75 percent
Class 17................................................................... [5.1] 5.05 percent
Class 18................................................................... 5.4 percent
7. On September 30 of each year, the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on March 31;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the employment security department for the 12 months ending on March 31;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on September 30; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on September 30.
8. The executive director shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of that year.
9. The experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:
(a) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;
(b) The successor employer notifies the employment security department of the acquisition in writing within 90 days after the date of the acquisition;
(c) The employer and successor employer submit a joint application to the executive director requesting the transfer; and
(d) The joint application is approved by the executive director.
The joint application must be submitted within 1 year after the date of issuance by the department of official notice of eligibility to transfer.
10. Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and the account must not thereafter be used in any rate computation.
κ1989 Statutes of Nevada, Page 1532 (CHAPTER 666, AB 679)κ
rating account, and the account must not thereafter be used in any rate computation.
11. The executive director may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.
Sec. 9. NRS 362.120 is hereby amended to read as follows:
362.120 1. The department shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the period covered by the statement.
2. The gross yield must include the value of any product of the mine which was:
(a) Sold;
(b) Exchanged for any thing or service;
(c) Removed from the state in a form ready for use or sale; or
(d) Used in a manufacturing process or in providing a service,
during the period covered by the statement.
3. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:
(a) The actual cost of extracting the ore from the mines.
(b) The actual cost of transporting the product of the mine to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the product and the conversion of the product into money.
(e) The actual cost of maintenance and repairs of:
(1) All mine machinery, equipment, apparatus and facilities.
(2) All milling, smelting and reduction works, plants and facilities.
(3) All facilities and equipment for transportation except those that are under the jurisdiction of the public service commission of Nevada as public utilities.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.
(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
κ1989 Statutes of Nevada, Page 1533 (CHAPTER 666, AB 679)κ
(j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit.
(k) All money paid as royalties by a lessee or sublessee of a mine, or by both, constitutes a deductible item for that lessee or sublessee in determining the net proceeds of the lessee or sublessee or both; but the royalties so deducted by the lessee or sublessee constitute part of the gross yield of the mine for the purpose of determining the net proceeds upon which a tax must be levied against the person, corporation, association or partnership to which the royalty has been paid.
4. Every person, corporation or association acquiring property in the State of Nevada to engage in mining and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty payments to the department on forms provided by the department.
5. The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the facilities or equipment for transportation;
(d) Superintending the management of any of those operations; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.
Sec. 10. NRS 362.120 is hereby amended to read as follows:
362.120 1. The department shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the period covered by the statement.
2. The gross yield must include the value of any mineral extracted which was:
(a) Sold;
(b) Exchanged for any thing or service;
(c) Removed from the state in a form ready for use or sale; or
(d) Used in a manufacturing process or in providing a service,
during the period covered by the statement.
3. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:
(a) The actual cost of extracting the mineral.
(b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the mineral and the conversion of the mineral into money.
(e) The actual cost of maintenance and repairs of:
(1) All machinery, equipment, apparatus and facilities used in the mine.
(2) All milling, refining, smelting and reduction works, plants and facilities.
(3) All facilities and equipment for transportation except those that are under the jurisdiction of the public service commission of Nevada as public utilities.
κ1989 Statutes of Nevada, Page 1534 (CHAPTER 666, AB 679)κ
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.
(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit.
(k) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee or both.
4. Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.
5. Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the department on forms provided by the department.
6. The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the facilities or equipment for transportation;
(d) Superintending the management of any of those operations; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.
Sec. 11. NRS 408.373 is hereby amended to read as follows:
408.373 1. Before paying any money or drawing his warrant in payment to a person to whom a contract is awarded, the state controller shall require satisfactory evidence of the payment of the premiums required by chapter 616 of NRS and of the contributions and payments required by chapter 612 of NRS, and he shall withhold payment to the contractor or his assigns until the evidence is provided.
2. If a contractor fails to pay premiums , [or] contributions or payments as required by the provisions of chapter 612 or 616 of NRS, the state controller may make the payments from money withheld pursuant to the provisions of subsection 1.
κ1989 Statutes of Nevada, Page 1535 (CHAPTER 666, AB 679)κ
3. Failure to comply with all federal, state and local laws, rules, regulations and ordinances is sufficient cause to withhold any money due the contractor until compliance therewith.
Sec. 12. NRS 624.322 is hereby amended to read as follows:
624.322 1. If, through no fault or act of a prime contractor or anyone employed by him, the owner fails to pay that contractor:
(a) Pursuant to their schedule for payments under the contract, or within a reasonable time after maturity and presentation of charges if no schedule is established;
(b) Any sum certified by the architect, engineer or other supervisory agent of the owner; or
(c) Such sum as is otherwise properly due,
or if the owner through his own act or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, the contractor may, after 5 working days written notice to the owner, stop work or terminate the contract and recover from the owner payment for all work executed.
2. If, through no fault of a subcontractor or anyone employed by him, the contractor fails to pay that subcontractor:
(a) Pursuant to the schedule for payments under the subcontract, or within a reasonable time after maturity and presentation of charges if no schedule is established;
(b) Any sum certified by the architect, engineer or other supervisory agent of the owner or contractor; or
(c) Such sum as is otherwise properly due,
or if the contractor through his own acts or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, the subcontractor may, after 5 working days written notice to the owner and the contractor, stop work or terminate the subcontract and recover from the contractor payment for all work executed. [Such a] The subcontractor may not be held liable for nonperformance of that subcontract and for the cost incurred by the contractor to complete the work.
3. The provisions of subsection 2 do not apply if the contractors failure to pay is caused by his need to withhold money pursuant to an official notice from a state agency that he is liable to make payments or contributions for the subcontractor pursuant to chapter 608, 612 or 616 of NRS.
Sec. 13. The money in the fund for the employment of claimants created pursuant to section 3 of this act must not be committed for expenditure after June 30, 1991, and must be transferred to the unemployment compensation fund as soon as all payments of money committed have been made.
Sec. 14. 1. This section and sections 1 to 8, inclusive, 11, 12 and 13 of this act become effective on July 1, 1989.
2. Section 9 of this act becomes effective on July 1, 1989, only if Senate Bill No. 61 of this session does not become effective.
3. Section 10 of this act becomes effective on July 1, 1989, only if Senate Bill No. 61 of this session becomes effective.
κ1989 Statutes of Nevada, Page 1536 (CHAPTER 666, AB 679)κ
4. Sections 1 to 12, inclusive, of this act, expire by limitation on July 1, 1991.
________
Assembly Bill No. 770Assemblyman Sheerin
CHAPTER 667
AN ACT relating to taxation of minerals; allowing quarterly reporting of the actual production, gross yield and net proceeds of certain mines to determine additional estimated tax liability; establishing a penalty for underestimating the amount of the tax; requiring that certain larger mines pay tax at the highest rate regardless of its ratio of net proceeds to gross proceeds; creating a trust fund into which must be deposited a portion of the states share of revenue from the tax on the net proceeds of minerals; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 362 of NRS is hereby amended to read as follows:
1. The permanent net proceeds fund is hereby created as a trust fund. No portion of the principal of the fund may be removed except by direct legislative appropriation. Any such appropriation must receive the votes of a two-thirds majority of each house of the legislature.
2. On or before August 15 of each year, the state controller shall deposit in the fund 5 percent of the portion of the revenue from the tax on the net proceeds of minerals that is remaining after the appropriation made by NRS 362.170.
3. On or before August 15 of each odd-numbered year, the state controller shall transfer to the fund any revenue from the tax on the net proceeds of minerals received during the 2 previous fiscal years which, after subtracting the amount deposited pursuant to subsection 2 and the amount appropriated pursuant to NRS 362.170 for both fiscal years, exceeds $55,000,000.
Sec. 2. NRS 362.115 is hereby amended to read as follows:
362.115 In addition to the statement required by subsection 1 of NRS 362.110, each person who is required to file that statement [shall, on] :
1. Shall, on or before June 15 of each year, file with the department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year, and shall pay the tax upon the net proceeds so estimated to the department on or before July 15 of that year. If an estimate is filed, the amount due under the final certification pursuant to NRS 362.130 is the difference between the total tax established upon the certification and the sum of the estimated payments made or credited, if any, for that calendar year. If the sum of the estimated payments exceeds the total tax, the taxpayer is entitled to credit the excess against the ensuing estimates or final taxes due until it is exhausted [.] , or, if the taxpayer files a statement with the department which indicates that he will have no tax liability for the next calendar year, upon verification by the department, the taxpayer is entitled to receive a refund.
κ1989 Statutes of Nevada, Page 1537 (CHAPTER 667, AB 770)κ
2. May file with the department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31, to establish whether liability for a penalty exists. If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the department no later than the last day of the month following the end of the calendar quarter.
Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines from the annual statement the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.
2. The certificate must be prepared and mailed not later than June 25 immediately following the month of February during which the statement was filed.
3. If the amount paid pursuant to NRS 362.115 is less than 90 percent of the amount certified pursuant to this section, the amount due must include a penalty of 10 percent of the underpayment unless:
(a) The amount paid pursuant to NRS 362.115 is equal to or greater than the total tax liability of the operation for the immediately preceding calendar year; or
(b) The person files quarterly reports pursuant to subsection 2 of NRS 362.115 in a timely manner for that year and pays the additional amount due within 30 days after the quarterly report that indicates the additional estimated tax liability is filed with the department. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied on June 15 of that year.
4. The taxes and any penalty are due on the third Monday in July of that year.
Sec. 4. NRS 362.140 is hereby amended to read as follows:
362.140 1. Except as otherwise provided in [subsections 2, 3 and 4,] this section, the rate of tax upon the net proceeds of each geographically separate extractive operation depends upon the ratio of the net proceeds to the gross proceeds of that operation as a whole, according to the following table:
Net Proceeds as Percentage Rate of Tax as Percentage
of Gross Proceeds of Net Proceeds
Less than 10 2.00
10 or more but less than 18 2.50
18 or more but less than 26 3.00
26 or more but less than 34 3.50
34 or more but less than 42 4.00
42 or more but less than 50 4.50
50 or more 5.00
κ1989 Statutes of Nevada, Page 1538 (CHAPTER 667, AB 770)κ
2. If the combined rate of tax ad valorem which would be assessed but for the provisions of section 5 of article 10 of the constitution of this state, including any rate levied by the State of Nevada, upon property at the situs of the operation is more than 2 percent, the minimum rate of tax under this section equals that rate of tax ad valorem.
3. The rate of tax upon royalties is 5 percent.
4. The rate of tax upon the net proceeds of a geothermal operation taxable pursuant to NRS 362.100 is the combined rate of tax ad valorem applicable to the property at the situs of the operation.
5. The rate of tax upon an operation for which the net proceeds in a calendar year exceed $4,000,000 is 5 percent.
Sec. 5. NRS 362.170 is hereby amended to read as follows:
362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site. The department shall report to the state controller for distribution on August 1 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year.
2. The county treasurer shall apportion to each local government or other local entity, the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation, including royalty payments, by the rate levied on behalf of that local government or other local entity [.] , less a percentage commission of 3 percent which must be deposited in the county general fund. The amounts apportioned pursuant to this subsection, including the amount retained by the county [,] and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
3. The department shall report to the state controller on August 1 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.
Sec. 6. 1. The permanent net proceeds fund is hereby created as a trust fund. No portion of the principal of the fund may be removed except by direct legislative appropriation.
2. On or before August 15, 1991, the state controller shall deposit in the fund any revenue from the tax on the net proceeds of minerals collected for the fiscal years 1989-1990 and 1990-1991, remaining after the appropriation made by NRS 362.170, that is in excess of $57,200,000.
Sec. 7. On August 16, 1991, the state controller shall transfer the balance assets and liabilities of the permanent net proceeds fund created pursuant to section 6 of this act to the permanent net proceeds fund created pursuant to section 1 of this act.
Sec. 8. 1. Section 1 of this act becomes effective on August 16, 1991.
2. This section and the remaining sections of this act become effective upon passage and approval and apply for the taxes and estimated payments required by NRS 362.100 to 362.240, inclusive, for the calendar year 1989.
κ1989 Statutes of Nevada, Page 1539 (CHAPTER 667, AB 770)κ
3. Section 6 of this act expires by limitation on August 16, 1991.
________
Assembly Bill No. 799Committee on Commerce
CHAPTER 668
AN ACT relating to psychologists; providing for licensure of psychologists; extending the terms of members of the board of psychological examiners; prohibiting a person from serving on the board who has a conflict of interests; stating the rights of a psychologist named in a complaint; providing for the waiver of a written examination in certain circumstances; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The board shall ensure, by adopting regulations and enforcing the provisions of this chapter, that licensees limit their practice of psychology to their areas of competence as documented by education, training and experience.
Sec. 3. After the initial term, the governor shall appoint each member of the board to a term of 5 years. No member of the board may serve more than two consecutive terms.
Sec. 4. A member of the board or an employee or agent of the board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the board pursuant to the provisions of this chapter.
Sec. 5. 1. The board, panel of members of the board or hearing officer shall inform a person named in a complaint of his rights concerning hearings and investigations.
2. A person named in a complaint has the right to:
(a) Notice and hearing.
(b) Represent himself or representation by counsel.
(c) Produce witnesses and to confront and cross-examine opposing witnesses.
(d) A written decision setting forth the violation, findings of fact, conclusions of law, sanctions and reasons for sanctions.
(e) An appeal to an administrative board of review or a court of competent jurisdiction.
Sec. 6. NRS 641.010 is hereby amended to read as follows:
641.010 The practice of psychology is hereby declared to be a learned profession, affecting public safety , health and welfare and [charged with the public interest, and therefore subject to protection and regulation by the state.] subject to regulation to protect the public from the practice of psychology by unqualified persons and from unprofessional conduct by persons licensed to practice psychology.
κ1989 Statutes of Nevada, Page 1540 (CHAPTER 668, AB 799)κ
Sec. 7. NRS 641.020 is hereby amended to read as follows:
641.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.021 to [641.028,] 641.027, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 641.027 is hereby amended to read as follows:
641.027 Psychologist means a person who:
1. Is a graduate of an academic program approved by the board and is qualified to practice psychology by reason of education, practical training and experience determined by the board to be satisfactory; and
2. Has received from the board a [certificate] license to practice psychology.
Sec. 9. NRS 641.029 is hereby amended to read as follows:
641.029 This chapter does not apply to:
1. A physician licensed to practice in this state ; [.]
2. A person licensed to practice dentistry in this state ; [.]
3. A person licensed as a marriage and family therapist under chapter 641A of NRS ; [.]
4. A person licensed to engage in social work pursuant to chapter 641B of NRS ; [.]
5. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources [.] ; or
6. Any clergyman [.] ,
so long as such a person does not represent himself as a psychologist.
Sec. 10. NRS 641.040 is hereby amended to read as follows:
641.040 1. The governor shall appoint [:] to the board:
(a) Four members who are [certified] licensed psychologists in the State of Nevada [.] with at least 5 years of experience in the practice of psychology after being licensed.
(b) One member who is a representative of the general public.
2. A person is not eligible for appointment unless he is:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
3. The member who is a representative of the general public [shall] :
(a) Shall not participate in preparing, conducting or grading any examination required by the board.
(b) Must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession or a member of a household that includes a psychologist.
4. Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the board.
Sec. 11. NRS 641.090 is hereby amended to read as follows:
641.090 1. The secretary-treasurer shall make and keep on behalf of the board:
(a) A record of all its meetings and proceedings.
(b) A record of all violations and prosecutions under the provisions of this chapter.
(c) A record of all examinations of applicants.
κ1989 Statutes of Nevada, Page 1541 (CHAPTER 668, AB 799)κ
(d) A register of all [certificates.] licenses.
(e) A register of all [certificate holders.] holders of licenses.
(f) An inventory of the property of the board and of the state in the boards possession.
2. These records must be kept in the office of the board and are subject to public inspection during normal working hours upon reasonable notice.
3. The board may keep the personnel records of applicants confidential.
Sec. 12. NRS 641.100 is hereby amended to read as follows:
641.100 The board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and [certification] licensure of applicants, the granting, refusal, revocation or suspension of [certificates,] licenses, and the practice of psychology.
Sec. 13. NRS 641.110 is hereby amended to read as follows:
641.110 The board may, under the provisions of this chapter:
1. Examine and pass upon the qualifications of the applicants for [certification.
2. Certify] licensure.
2. License qualified applicants.
3. Revoke or suspend [certificates.] licenses.
4. Collect all fees and make disbursements pursuant to this chapter.
Sec. 14. NRS 641.120 is hereby amended to read as follows:
641.120 The board shall determine which schools in and out of this state do or do not have courses of study for the preparation of psychologists which are sufficient and thorough for [certification] licensing purposes. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of such courses of study.
Sec. 15. NRS 641.160 is hereby amended to read as follows:
641.160 Each person desiring a [certificate shall] license must make application to the board upon a form, and in a manner, prescribed by the board. The application [shall] must be accompanied by the application fee prescribed by the board.
Sec. 16. NRS 641.170 is hereby amended to read as follows:
641.170 Each applicant shall furnish evidence satisfactory to the board that he:
1. Is at least 21 years of age.
2. Is of good moral character [.] as determined by the board.
3. Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
4. Has earned a doctorate in psychology from an accredited educational institution approved by the board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the board in both subject matter and extent of training.
5. Has at least [1 year of postdoctoral] 2 years of experience satisfactory to the board [.] , 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the board.
Sec. 17. NRS 641.180 is hereby amended to read as follows:
641.180 1. The board shall administer to each applicant for a [certificate] license a written examination on his knowledge of psychology. The examination administered must be the Examination for the Professional Practice of Psychology in the form most recently provided by the Professional Examination Service before January 1, 1987.
κ1989 Statutes of Nevada, Page 1542 (CHAPTER 668, AB 799)κ
examination administered must be the Examination for the Professional Practice of Psychology in the form most recently provided by the Professional Examination Service before January 1, 1987. In addition, the board may require an oral examination in whatever applied or theoretical fields it deems appropriate.
2. The examination must be given at least once a year, and may be given more often if deemed necessary by the board. The examination must be given at a time and place, and under such supervision, as the board may determine. A grade of 70 percent is a passing grade.
3. The board shall notify each applicant of the results of his written examination and supply him with a copy of all material information about those results provided to the board by the Professional Examination Service.
4. The board may waive the requirement of a written examination for a person who:
(a) Is licensed in another state;
(b) Has 10 years experience; and
(c) Is a diplomate in the American Board of Professional Psychology, a fellow in the American Psychological Association or other equivalent status as determined by the board.
Sec. 18. NRS 641.190 is hereby amended to read as follows:
641.190 The board may [grant a certificate] :
1. Grant a license without any examination to any person certified or licensed by a board of psychological examiners of another state if the board determines that the requirements in such state are at least equivalent to the requirements of this chapter.
2. Authorize a psychologist licensed or certified under the laws of another state to practice psychology for 1 year or less if the psychologist has:
(a) Made application to the board for licensure; and
(b) Met the requirements of education and experience for licensure in this state.
Sec. 19. NRS 641.220 is hereby amended to read as follows:
641.220 1. To renew a [certificate] license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the board for renewal;
(b) Pay the biennial fee for registration; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal of a [certificate,] license, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 20. NRS 641.230 is hereby amended to read as follows:
641.230 [The grounds for refusing to grant a certificate or for initiating an action authorized by this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS.
κ1989 Statutes of Nevada, Page 1543 (CHAPTER 668, AB 799)κ
(b) A felony.
(c) Any offense involving moral turpitude.
(d) Any offense related to the practice of psychology or to the ability to practice psychology.
3. Suspension, revocation or limitation of the license to practice psychology by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a psychologist.
5. Professional incompetence.
6. Impersonating a certified psychologist.] The board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the board finds by a preponderance of the evidence that the psychologist has:
1. Been convicted of a felony.
2. Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.
3. Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.
4. Aided or abetted the practice of psychology by a person not licensed by the board.
5. Made any fraudulent or untrue statement to the board.
6. Violated a regulation adopted by the board.
7. Had his license to practice psychology suspended or revoked by another state.
8. Failed to report to the board within 30 days the revocation, suspension or surrender of a license or certificate to practice psychology issued by another state.
9. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.
10. Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.
Sec. 21. NRS 641.240 is hereby amended to read as follows:
641.240 If the board, a panel of its members or a hearing officer appointed by the board finds the person guilty as charged in the complaint, it may [by order:
1. Place him on probation for a specified period or until further order of the board.
2.] :
1. Administer a public or private reprimand.
[3.] 2. Limit his practice.
[4.] 3. Suspend his [certificate] license for a period of not more than 1 year.
[5.] 4. Revoke his [certificate.
6.] license.
5. Impose a fine of not more than $5,000.
6. Revoke or suspend his license and impose a monetary penalty.
κ1989 Statutes of Nevada, Page 1544 (CHAPTER 668, AB 799)κ
7. Suspend the enforcement of any penalty by placing him on probation. The board may revoke the probation if the person does not follow any conditions imposed.
8. Require the person to submit to the supervision of or counseling or treatment by a person designated by the board. The person named in the complaint is responsible for any expense incurred.
9. Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.
10. Require the person to pay for the costs of remediation or restitution.
11. Assess the costs of the disciplinary proceedings, including any investigations.
Sec. 22. NRS 641.272 is hereby amended to read as follows:
641.272 1. If the board determines that a complaint is not frivolous, it may require the person named in the complaint to submit to a mental examination conducted by a panel of three psychologists designated by the board or a physical examination conducted by a physician designated by the board.
2. Every psychologist [certified] licensed under this chapter who accepts the privilege of practicing psychology in this state shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the board. The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to this chapter.
3. Except in extraordinary circumstances, as determined by the board, the failure of a psychologist to submit to an examination as provided in this section constitutes grounds for the immediate suspension of his license.
Sec. 23. NRS 641.274 is hereby amended to read as follows:
641.274 If the board, a panel of its members or a hearing officer issues an order suspending the [certificate] license of a psychologist pending proceedings for disciplinary action and requires the psychologist to submit to a mental or physical examination or an examination of his competency to practice psychology, the examination must be conducted and the results obtained within 60 days after the board, panel of its members or hearing officer issues the order.
Sec. 24. NRS 641.275 is hereby amended to read as follows:
641.275 1. The board may appoint a hearing officer or a panel of its members to conduct any hearing or investigation which may be conducted by the board pursuant to this chapter.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. A decision of the hearing officer or panel to place a psychologist on probation or revoke or suspend a [certificate] license may be appealed to the board.
3. On appeal to the board, the board shall consider the record of the hearing, and either affirm the decision or remand the case to the panel of its members or the hearing officer for further proceedings. The board shall issue written findings of fact and conclusions of law. [The decision of the board is a final decision in a contested case.]
Sec. 25. NRS 641.276 is hereby amended to read as follows:
641.276 If:
κ1989 Statutes of Nevada, Page 1545 (CHAPTER 668, AB 799)κ
1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a [certificate] license is not frivolous; or
2. With respect to a complaint reported by the attorney general, the board has determined to proceed with an action authorized under this chapter,
the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person named in the complaint at least 20 days before the date fixed for the hearing.
Sec. 26. NRS 641.280 is hereby amended to read as follows:
641.280 1. The hearing of a complaint must be conducted publicly by the board, a panel of its members or a hearing officer. The person named in the complaint may appear in person and by legal counsel, and [shall] must be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and brief in person or by his counsel.
2. The failure of the person named in the complaint to attend his hearing or to defend himself must not serve to delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
Sec. 27. NRS 641.300 is hereby amended to read as follows:
641.300 If the board, a panel of its members or a hearing officer revokes, suspends or places conditions on a [certificate] license for a fixed time, the holder of the [certificate] license may apply for a rehearing within 10 days and the board, a panel of its members or a hearing officer may grant the application within 30 days thereafter.
Sec. 28. NRS 641.310 is hereby amended to read as follows:
641.310 If the board, a panel of its members or a hearing officer grants a rehearing, the board shall immediately notify the holder of the [certificate] license of the date and place which has been fixed for the rehearing, which must not be less than 10 days thereafter. The hearing must be conducted in the same manner as the former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board, a panel of its members or a hearing officer shall make and announce its decision.
Sec. 29. NRS 641.312 is hereby amended to read as follows:
641.312 1. Any person who has been placed on probation or whose [certificate] license has been limited, suspended or revoked is entitled to judicial review of the order.
2. Every order which limits the practice of psychology or suspends or revokes a [certificate] license is effective from the date the board certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order unless the board, a panel of its members or the hearing officer has failed to comply with the procedural requirements provided for in NRS 233B.140.
3. The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.
Sec. 30. NRS 641.314 is hereby amended to read as follows:
641.314 Pending proceedings for disciplinary action by the board, a panel of its members or a hearing officer, the court may, upon application by the board or the attorney general, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist which is harmful to the public, to limit the psychologists practice or to suspend his [certificate] license to practice psychology, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
κ1989 Statutes of Nevada, Page 1546 (CHAPTER 668, AB 799)κ
preliminary injunction to enjoin any unprofessional conduct of a psychologist which is harmful to the public, to limit the psychologists practice or to suspend his [certificate] license to practice psychology, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure. The proceedings before the board, a panel of its members or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
Sec. 31. NRS 641.316 is hereby amended to read as follows:
641.316 1. The board through its president or secretary-treasurer or the attorney general may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing psychology without a [certificate.] license.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve any person from criminal prosecution for practicing without a [certificate.] license.
Sec. 32. NRS 641.318 is hereby amended to read as follows:
641.318 The board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the [certification] licensing of a psychologist or the discipline of a psychologist for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 33. NRS 641.320 is hereby amended to read as follows:
641.320 1. Any person:
(a) Whose practice of psychology has been limited;
(b) Whose [certificate] license has been revoked; or
(c) Who has been placed on probation,
by an order of the board, a panel of its members or a hearing officer may apply to the board after 1 year for removal of the limitation or restoration of his [certificate.] license.
2. In hearing the application, the board:
(a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
(c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.
Sec. 34. NRS 641.330 is hereby amended to read as follows:
641.330 The adjudication of insanity or mental illness or the voluntary commitment or admission to a hospital of any psychologist for mental illness operates as a suspension of the right to practice psychology, and continues until the [certificate] license is restored by action of the board [.] , a panel of its members or a hearing officer. The board , panel or hearing officer shall not restore the [certificate] license until it receives competent evidence of the psychologists fitness to resume his practice.
κ1989 Statutes of Nevada, Page 1547 (CHAPTER 668, AB 799)κ
not restore the [certificate] license until it receives competent evidence of the psychologists fitness to resume his practice.
Sec. 35. NRS 641.350 is hereby amended to read as follows:
641.350 1. The [certificate] license of any person who fails to pay the biennial fee for registration within 60 days after the date when it is due is automatically suspended. The board may, within 2 years after the date the [certificate] license is so suspended, reinstate the [certificate] license upon payment to the board of the amount of the then current biennial fee for registration and the amount of the fee for the restoration of a [certificate] license so suspended. If the [certificate] license is not reinstated within 2 years, the board may reinstate the [certificate] license only if it also determines that the holder of the [certificate] license is competent to practice psychology.
2. A notice must be sent to any person who fails to pay the biennial fee, informing him that his [certificate] license is suspended.
Sec. 36. NRS 641.370 is hereby amended to read as follows:
641.370 1. The board shall charge and collect not more than the following fees respectively:
For application for registration by written examination, in addition to the actual cost to the board of the examination..................................................... $100
For application for registration by special oral examination.......................... 100
For the [certificate] license of registration............................................................ 25
For biennial registration......................................................................................... 300
For restoration of a [certificate] license suspended for the nonpayment of the biennial fee for registration......................................................................... 100
2. An applicant who passes the examination and is eligible for registration shall pay the biennial fee for registration which must be prorated for the period from the date of registration to the end of the biennium.
Sec. 37. NRS 641.390 is hereby amended to read as follows:
641.390 1. [No person shall] A person shall not represent himself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he is [certified] licensed under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself by the title conferred upon him by such institution or agency.
2. [Nothing contained in this section shall be construed as granting] This section does not grant approval for any person to offer his services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of his institutional salary, unless he has been [certified] licensed under the provisions of this chapter.
3. [A student of psychology, a psychological intern, and any other person preparing for the profession of psychology under the supervision of a qualified psychologist in training institutions or facilities recognized by the board may be designated by the title psychology trainee, or any other title which clearly indicates his training status.] This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person.
κ1989 Statutes of Nevada, Page 1548 (CHAPTER 668, AB 799)κ
involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title psychologist in conjunction with the activities permitted by this subsection.
4. A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing post doctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms psychological trainee, psychological intern, psychological resident or psychological assistant if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the board.
5. A person who is certified as a school psychologist by the state board of education may use the title school psychologist or certified school psychologist in connection with activities relating to school psychologists.
Sec. 38. NRS 641.410 is hereby amended to read as follows:
641.410 A psychologist, not a resident of Nevada and not [certified] licensed in Nevada, who is certified or licensed in another state whose requirements for certification or licensure are equivalent to the requirements of this chapter [shall not be] is not subject to the provisions of this chapter if he does not practice psychology in the State of Nevada for over 30 days in any 1 calendar year, and if he is invited as a consultant by a psychologist [certified] licensed in Nevada.
Sec. 39. NRS 641.440 is hereby amended to read as follows:
641.440 Any person who:
1. Presents as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the board or any member thereof, in connection with an application for a [certificate;] license;
3. Practices psychology under a false or assumed name or falsely personates another psychologist of a like or different name;
4. Except as provided in NRS 641.390, [641.400,] 641.410 and 641A.410, represents himself as a psychologist, or uses any title or description which incorporates the word psychology, psychological, psychologist, psychometry, psychometrics, [psychometrist, psychotherapist, psychoanalysis or psychoanalyst] psychometrist or any other term indicating or implying that he is a psychologist, unless he has been issued a [certificate;] license; or
5. Practices psychology unless he has been issued a [certificate,] license,
is guilty of a gross misdemeanor.
Sec. 40. NRS 641A.410 is hereby amended to read as follows:
641A.410 1. It is unlawful for any person to engage in the practice of marriage and family therapy unless he is licensed under the provisions of this chapter.
2. The provisions of this chapter do not:
(a) Prevent any licensed physician, licensed nurse, [certified] licensed psychologist, certified alcohol or drug abuse counselor, licensed or ordained minister in good standing within his denomination or other person licensed or certified by the state from carrying out the functions permitted by his respective license or certification if the person does not hold himself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.
κ1989 Statutes of Nevada, Page 1549 (CHAPTER 668, AB 799)κ
public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.
(b) Apply to any activity or service of a student who is obtaining a professional education as recognized by the board if the activity or service constitutes a part of the students supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title intern in marriage and family therapy or any other title which clearly indicates his status as a student.
(c) Apply to any activity or service of an intern while he is obtaining the experience required for licensing as a marriage and family therapist.
Sec. 41. NRS 641B.040 is hereby amended to read as follows:
641B.040 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A nurse licensed to practice in this state;
3. A person [certified] licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;
5. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources;
6. Any clergyman;
7. A county welfare director;
8. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
9. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
Sec. 42. NRS 232.303 is hereby amended to read as follows:
232.303 1. There is hereby created in the department a commission on mental health and mental retardation consisting of seven members appointed by the governor, at least three of whom have training or experience in dealing with mental retardation.
2. The governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this state, from a list of three candidates submitted by the Nevada Psychiatric Association;
(b) A psychologist [certified] licensed to practice in this state and experienced in clinical practice, from a list of four candidates two of whom are submitted by the Northern Nevada Association for Certified Psychologists and two of whom are submitted by the Southern Society for Certified Psychologists;
(c) A physician, other than a psychiatrist, licensed to practice medicine in this state and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;
(d) A social worker who has a masters degree and has experience in dealing with mental illness or mental retardation, or both;
κ1989 Statutes of Nevada, Page 1550 (CHAPTER 668, AB 799)κ
(e) A registered nurse licensed to practice in this state who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses Association;
(f) A representative of the general public who has a special interest in the field of mental health; and
(g) A representative of the general public who has a special interest in the field of mental retardation.
3. The governor shall appoint the chairman of the commission from among its members.
4. After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a members term, the governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 43. NRS 433.209 is hereby amended to read as follows:
433.209 Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in the State of Nevada and certified by the American Board of Psychiatry and Neurology;
2. A psychologist [certified] licensed to practice in this state;
3. A social worker who holds a masters degree in social work, is licensed by the state as a clinical social worker and is employed by the division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing in this state;
(b) Holds a masters degree in the field of psychiatric nursing; and
(c) Is employed by the division.
5. A marriage and family therapist licensed pursuant to chapter 641A of NRS.
Sec. 44. NRS 433A.170 is hereby amended to read as follows:
433A.170 The administrative officer of a facility operated by the division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.150 and 433A.160 unless that application is accompanied by a certificate of a psychiatrist, [certified] psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others or is gravely disabled. This certificate may be obtained from a psychiatrist, [certified] psychologist, or physician who is employed by the public or private mental health facility to which the application is made.
Sec. 45. NRS 433A.180 is hereby amended to read as follows:
433A.180 No application or certificate authorized under NRS 433A.160 or 433A.170 may be considered if made by a psychiatrist, [certified] psychologist or physician who is related by blood or marriage to the allegedly mentally ill person, or who is financially interested in the facility in which the allegedly mentally ill person is to be detained. No application or certificate of any examining person authorized under NRS 433A.170 may be considered unless it is based on personal observation and examination of the allegedly mentally ill person made by such examining person not more than 72 hours prior to the making of the application or certificate. The certificate shall set forth in detail the facts and reasons on which the examining person based his opinions and conclusions.
κ1989 Statutes of Nevada, Page 1551 (CHAPTER 668, AB 799)κ
forth in detail the facts and reasons on which the examining person based his opinions and conclusions.
Sec. 46. NRS 433A.200 is hereby amended to read as follows:
433A.200 A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:
1. By a certificate of a physician or [certified] licensed psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or that he is gravely disabled; or
2. By a sworn written statement by the petitioner that:
(a) The petitioner has probable cause to believe that the person is mentally ill and, because of such illness is likely to harm himself or others, or is gravely disabled; and
(b) That the person has refused to submit to examination or treatment by a physician, psychiatrist or [certified] licensed psychologist.
Sec. 47. NRS 433A.210 is hereby amended to read as follows:
433A.210 A petition filed with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.150 must include:
1. A certified copy of the application made pursuant to NRS 433A.160 with respect to the person detained; and
2. A petition executed by a psychiatrist, [certified psychologist,] psychologist or physician certifying that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or is gravely disabled.
Sec. 48. NRS 433A.705 is hereby amended to read as follows:
433A.705 A petition filed pursuant to NRS 433A.703 must:
1. Be filed with the district court of the county where the petitioner resides or, if the petitioners admission was involuntary, with the district court which ordered the admission.
2. Set forth the facts bringing the petitioner within the purview of that section.
3. Be accompanied by the affidavit of a psychiatrist, [certified psychologist,] psychologist or physician qualified in the field of psychiatric mental health who has examined the petitioner. The affidavit must:
(a) Summarize the professional qualifications of the affiant;
(b) Set forth the date or dates on which he examined the petitioner; and
(c) State that, in the opinion of the affiant, the petitioner has recovered or his illness is in substantial remission.
Sec. 49. NRS 433A.711 is hereby amended to read as follows:
433A.711 1. If the court orders records of admission and treatment sealed pursuant to NRS 433A.709, the petitioners admission is deemed never to have occurred, and the petitioner may answer accordingly any question related to its occurrence.
κ1989 Statutes of Nevada, Page 1552 (CHAPTER 668, AB 799)κ
to have occurred, and the petitioner may answer accordingly any question related to its occurrence.
2. If the records are sealed, the petitioner may thereafter petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.
3. The court may, upon the application of a district attorney or an attorney representing the petitioner in a criminal action, permit an inspection of the records.
4. If, after the sealing of the records, the petitioner is being treated by a physician or [certified] licensed psychologist, the physician or psychologist may obtain a copy of the petitioners records from the hospital or facility. Any records so obtained must be used solely for the treatment of the petitioner.
Sec. 50. NRS 433A.750 is hereby amended to read as follows:
433A.750 1. Any person who:
(a) Without probable cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of any such person under this chapter; or
(b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under this chapter,
shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
2. Any person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which such person secures or attempts to secure the apprehension, hospitalization, detention or restraint of the person alleged to be mentally ill, or any physician, psychiatrist or [certified] licensed psychologist who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 51. NRS 435.123 is hereby amended to read as follows:
435.123 Whenever a person is alleged to be mentally retarded and a clear and present danger to himself or others, his parent or guardian or another responsible person may initiate proceedings for his involuntary admission to a mental retardation center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or [certified] licensed psychologist experienced in the diagnosis of mental retardation stating that he has examined the person within the preceding 30 days and has concluded that the person is mentally retarded, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment.
Sec. 52. NRS 435.125 is hereby amended to read as follows:
435.125 1. After the petition is filed the court may cause a physician or [certified] licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the mental retardation center to which it is proposed the person be admitted. Any physician or [certified] licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of mental retardation.
κ1989 Statutes of Nevada, Page 1553 (CHAPTER 668, AB 799)κ
examination must be experienced in the diagnosis of mental retardation. The examination or evaluation must indicate whether the person is or is not mentally retarded and whether he is or is not in need of institutional training and treatment.
2. The court may allow the person alleged to be mentally retarded to remain at his place of residence pending any ordered examination and to return upon completion of the examination. One or more of the persons relatives or friends may accompany him to the place of examination.
Sec. 53. NRS 435.127 is hereby amended to read as follows:
435.127 In proceedings for involuntary admission of a person to a mental retardation center:
1. The court shall hear and consider all relevant evidence, including the certificate, signed by a physician or [certified] licensed psychologist, which accompanied the petition and the testimony of persons who conducted examinations or evaluations ordered by the court after the petition was filed.
2. The person must be present and has the right to testify, unless the physician or [certified] licensed psychologist who signed the certificate, or who examined the person as ordered by the court, is present and testifies that the person is so severely disabled that he is unable to be present.
3. The person may obtain independent evaluation and expert opinion at his own expense, and may summon other witnesses.
Sec. 54. NRS 689A.048 is hereby amended to read as follows:
689A.048 If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is [certified] licensed pursuant to chapter 641 of NRS.
Sec. 55. NRS 689B.038 is hereby amended to read as follows:
689B.038 If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatment by a psychologist who is [certified] licensed pursuant to chapter 641 of NRS.
Sec. 56. NRS 695A.185 is hereby amended to read as follows:
695A.185 If any certificate of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is [certified] licensed pursuant to chapter 641 of NRS.
Sec. 57. NRS 695B.197 is hereby amended to read as follows:
695B.197 If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is [certified] licensed pursuant to chapter 641 of NRS.
Sec. 58. NRS 695C.177 is hereby amended to read as follows:
695C.177 If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is [certified] licensed pursuant to chapter 641 of NRS.
κ1989 Statutes of Nevada, Page 1554 (CHAPTER 668, AB 799)κ
Sec. 59. NRS 641.028, 641.233, 641.235, 641.237, 641.400 and 641.430 are hereby repealed.
Sec. 60. Any psychologist who hold a certificate issued in accordance with the provisions of chapter 641 of NRS shall be deemed to have met the requirements for licensure under the provisions of this act and is eligible for renewal of licensure pursuant to NRS 641.220.
Sec. 61. 1. The terms of office of all members of the board of psychological examiners who are incumbent on the effective date of this act expire on that date.
2. The governor shall appoint one board member to an initial term that ends on:
(a) July 1, 1990.
(b) July 1, 1991.
(c) July 1, 1992.
(d) July 1, 1993.
(e) July 1, 1994.
Sec. 62. This act becomes effective upon passage and approval.
Sec. 63. In preparing the reprint to the Nevada Revised Statutes, the legislative counsel shall appropriately correct any reference to certification of psychologists to refer to licensure of psychologists.
________
Senate Bill No. 55Committee on Finance
CHAPTER 669
AN ACT relating to pupils; requiring schools to admit handicapped minors to programs of special education; reducing the minimum age for admission to such programs; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year [.] , excluding the count of handicapped minors who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
κ1989 Statutes of Nevada, Page 1555 (CHAPTER 669, SB 55)κ
(4) Six-tenths the count of handicapped minors who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.
(5) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
[(5)] (6) One-fourth the average daily attendancehighest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the sum of the counts prescribed in subparagraphs (1) to [(4),] (5), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section.
Sec. 2. NRS 388.490 is hereby amended to read as follows:
388.490 1. Except as otherwise provided in [subsections 2 to 5, inclusive,] subsection 2 and in NRS 388.460, eligible handicapped minors [may] must be admitted at the age of [5] 3 years to special programs established for such minors, and their enrollment or attendance may be counted for the purpose of apportionment . [purposes.
2. Aurally handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
3. Visually handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
4.] 2. Gifted and talented minors may be admitted at the age of 4 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
[5. Mentally retarded minors may be admitted at the age of 3 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.]
Sec. 3. This act becomes effective on July 1, 1990.
________
κ1989 Statutes of Nevada, Page 1556κ
Senate Bill No. 469Committee on Natural Resources
CHAPTER 670
AN ACT relating to excavations; granting immunity from liability to a person or governmental entity which fences or otherwise secures a dangerous condition at an abandoned mine under certain circumstances; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
A person, the State of Nevada, any political subdivision of the state, any agency of the state or any agency of its political subdivisions is immune from civil liability for damages sustained as a result of any act or omission by him or it in constructing, or causing to be constructed, pursuant to standards prescribed by the commission on mineral resources, a fence or other safeguard around an excavation, shaft, hole or other dangerous condition at an abandoned mine for which the person, state, political subdivision or agency is not otherwise responsible.
________
Assembly Bill No. 633Committee on Government Affairs
CHAPTER 671
AN ACT relating to public employees retirement; allowing any employee with 5 years of contributing creditable service to purchase up to 5 years of service; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an [assistant executive] operations officer, investment officer , manager of information systems and administrative assistant whose appointments are effective upon confirmation by the board. The [assistant executive] operations officer, investment officer , manager of information systems and administrative assistant serve at the pleasure of the executive officer.
2. The executive officer, [assistant executive] operations officer, investment officer , manager of information systems and administrative assistant are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature. The [salary of the executive officer is] salaries of these employees are exempt from the limitations of NRS 281.123.
κ1989 Statutes of Nevada, Page 1557 (CHAPTER 671, AB 633)κ
is] salaries of these employees are exempt from the limitations of NRS 281.123.
3. The executive officer must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, responsible for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The [assistant executive] operations officer and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
5. The executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 3. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the board, the system must be administered by the executive officer, an [assistant executive] operations officer and a staff authorized by the board and appointed by the executive officer with the approval of the board.
2. The board shall:
(a) Create such positions within the system as it deems necessary for the sound and economical administration of the system.
(b) Fix the salaries for the positions so created in accordance with the pay plan of the state for the classified service. No employee may be removed from a position so created except in the manner provided for the classified service of the state.
Sec. 4. NRS 286.190 is hereby amended to read as follows:
286.190 The board:
1. Has the powers and privileges of a body corporate and, subject to the limitations of this chapter, is responsible for managing the system.
2. Shall:
(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the system to be prepared by an independent actuary based upon data compiled and supplied by employees of the system, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.
(b) Provide for a biennial audit of the system, including the administrative fund, by an independent certified public accountant.
(c) Provide an annual report to the governor, each member of the legislature, each participating public employer, and each participating employee and employer association, and make the report available to all members upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).
3. May:
(a) Adjust the service or correct the records, allowance or benefits of any member, retired employee or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the system in error, if the money was paid within 6 years before demand for its repayment.
κ1989 Statutes of Nevada, Page 1558 (CHAPTER 671, AB 633)κ
determined, and require repayment of any money determined to have been paid by the system in error, if the money was paid within 6 years before demand for its repayment.
(b) Examine and copy personnel and financial records of public employers.
(c) Receive requests for membership from state, county or municipal entities which are not presently public employers, and determine whether or not any such entity and its employees qualify for membership as provided by this chapter.
(d) Require an annual notarized statement from a retired employee or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.
4. As used in this section, error or inequity means the existence of extenuating circumstances, including, but not limited to, a members reasonable and detrimental reliance on representations made by the system or by the public employer pursuant to NRS 286.288 which prove to be erroneous, or the mental incapacity of the member.
Sec. 5. NRS 286.297 is hereby amended to read as follows:
286.297 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Except as provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District judges and justices of the supreme court first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University of Nevada System who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds 120 consecutive days in any fiscal or calendar year.
10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.
11. Nurses who:
(a) Are not full-time employees;
(b) Are paid an hourly wage on a daily basis;
κ1989 Statutes of Nevada, Page 1559 (CHAPTER 671, AB 633)κ
(c) Do not receive the employee benefits received by other employees of the same employer; and
(d) Do not work a regular schedule or are requested to work for a shift at a time.
Sec. 6. NRS 286.300 is hereby amended to read as follows:
286.300 1. Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.
2. [Any member of the system may purchase credit for any period of service for which contributions were not paid while the member was receiving temporary total disability benefits for an industrial injury, if the injury was sustained on a job for which contributions were required. The member must pay the full actuarial cost determined by the actuary.
3. Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal agency if that service is no longer creditable in another public retirement system. To validate that service, the member must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that this credit is no longer creditable in another public retirement system. Upon application to retire, the system shall ascertain whether or not the purchased service has been reestablished in any other public retirement system. The member must pay the full actuarial cost as determined by the actuary. For the purposes of this subsection, the federal old-age and survivors insurance system is not a public retirement system.
4. Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if that service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed and pay the full actuarial cost as determined by the actuary.
5. Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate that service. The member must pay the full actuarial cost as determined by the actuary.
6. A member who participated in a system combined with Social Security may purchase service pursuant to this section if he cancels his membership in the other retirement system, and the fact that Social Security coverage cannot be canceled does not affect his rights under this section. A member may also purchase service performed in another public employment which provided only Social Security coverage.] In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who has 5 years of creditable service may purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.
κ1989 Statutes of Nevada, Page 1560 (CHAPTER 671, AB 633)κ
pay the full actuarial cost of the service as determined by an actuary of the system.
Sec. 7. NRS 286.3005 is hereby amended to read as follows:
286.3005 [1. A member who provides proper documentation and establishes the right to purchase any of the service listed in NRS 286.300 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service may be used for eligibility for service retirement.
2.] A state agency may purchase credit for service on behalf of a member only as provided in NRS 286.3007. Any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.
Sec. 8. NRS 286.310 is hereby amended to read as follows:
286.310 1. Employees of the state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter, except:
(a) Persons employed by the state or any of its political subdivisions before July 1, 1967, who:
(1) Were required to participate in both systems; and
(2) Filed a written statement with the board within 30 days after July 1, 1967, electing to retain their service credit in the retirement system established by this chapter.
(b) Employees of the agricultural extension service of the college of agriculture of the University of Nevada who were continued in dual membership in both systems after July 1, 1967. These employees:
(1) May continue their membership in the retirement system established by this chapter until they respectively complete 23 years of simultaneous service while employed with the agricultural extension service; and
(2) Are entitled to benefits earned in the retirement system established by this chapter whether or not they receive or have received credit in the federal retirement system for the same period of time and service.
2. Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the retirement system established by this chapter at any time when they are not covered by that system, and if they subsequently reenter the retirement system established by this chapter as provided in subsection 3 they may repay the withdrawn contributions in the manner provided in this chapter.
3. When an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he must become a member of the retirement system established by this chapter and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the retirement system established by this chapter.
κ1989 Statutes of Nevada, Page 1561 (CHAPTER 671, AB 633)κ
4. Except as otherwise provided in [subsection 6 of NRS 286.300 and] subsection 1 of this section, it is the intent of this section to prohibit coverage under two retirement systems for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof shall be given retirement coverage under one of the two systems.
Sec. 9. NRS 286.367 is hereby amended to read as follows:
286.367 1. The volunteers of a regularly organized and recognized fire department may, by the joint application of a majority of those volunteers addressed to the board, become members of the system. A volunteer fireman who joins a fire department of which all the volunteers have become members of the system becomes a member of the system. The volunteers of a participating fire department may withdraw from the system by the joint application of a majority of those volunteers addressed to the board.
2. The city, town, county or district which recognizes the volunteers is the public employer and shall collect and pay over the employees share and pay the employers share of the contribution to the public employees retirement fund and the public employees retirement administrative fund, in the manner prescribed in this chapter. The local government may, if so requested by the volunteers, further contribute any amount by which the sum receivable by each volunteer for any month is less than the amount of his required share of the contribution, but no such further contributions may be placed in a volunteers account with the system or refunded to a volunteer or his employer upon that volunteers termination.
3. In determining the amount of contributions to be paid for such volunteers, they are assumed to be receiving a wage established by the local government which is not less than $150 nor more than $750 per month.
4. The average compensation for a volunteer fireman is the weighted average of:
(a) The assumed wage as a volunteer fireman; and
(b) The average salary in other covered employment which, if the service in that employment exceeds 3 years, is calculated upon the 3 highest consecutive years.
The weight given to the assumed wage and average salary, respectively, is proportionate to the length of service in each capacity. Average compensation is computed from the sum of the assumed wage and actual salary if a member is employed simultaneously as a volunteer fireman and as a regular member.
5. Any dispute over the status of a person as a volunteer fireman under this section must be conclusively determined by the board.
6. A volunteer fireman may purchase all previous service as a volunteer fireman with any volunteer fire department which is a member of the system. To validate such service, the volunteer fireman must pay the full cost as determined by the actuary. The employing agency may pay the employers share of the cost but is not required to do so.
7. In addition to the purchase authorized pursuant to the provisions of subsection 6, a volunteer fireman who has 5 years creditable service as a volunteer fireman may purchase up to 5 years of service to add to his volunteer service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.
κ1989 Statutes of Nevada, Page 1562 (CHAPTER 671, AB 633)κ
Sec. 10. NRS 286.435 is hereby amended to read as follows:
286.435 1. Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, [so that there is no effective break in his service] shall pay to the system:
(a) Any employee contributions which were refunded to him;
(b) Any service or disability allowance which was paid to him;
(c) All employee contributions which would have been made on the back pay awarded to him; and
[(c)] (d) The interest on any amount due from the date on which:
(1) He received the money to be repaid pursuant to paragraph (a) [;] or (b); and
(2) Each contribution would have been made on the money due pursuant to paragraph [(b)] (c),
to the date of payment at the assumed investment income rate used in the most recent actuarial valuation of the system.
2. The employer shall deduct from any back pay awarded or granted to the member all money due pursuant to subsection 1 and forward this amount to the system. If the amount of back pay awarded or granted to the member is not sufficient to pay all of the money due pursuant to subsection 1, the member shall pay any balance due to the system under a reasonable plan for payment established by the system.
3. Upon receipt by the system of the full amount due pursuant to subsection 1, the member is entitled to all the membership rights and service credit which were canceled by his involuntary termination.
Sec. 11. NRS 286.551 is hereby amended to read as follows:
286.551 1. A monthly service retirement allowance must be determined by multiplying a members average compensation by 2.5 percent for each year of service, until he becomes eligible to retire, except that:
(a) If a member who is a police officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.
(b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.
(c) The maximum allowance under paragraph (a) or (b) is 90 percent of average compensation.
(d) A member who:
(1) Retired on or after July 1, 1977; or
(2) Is an active member whose effective date of membership is before July 1, 1985,
and who has 36 years of service is entitled to a benefit of up to 90 percent of his average compensation.
(e) A member:
(1) Who retired before July 1, 1977; or
(2) Whose effective date of membership is after July 1, 1985, and who has 30 years of service,
is entitled to a benefit of up to 75 percent of his average compensation.
κ1989 Statutes of Nevada, Page 1563 (CHAPTER 671, AB 633)κ
2. For the purposes of this section, except as otherwise provided in subsection 3, average compensation means the average of a members 36 consecutive months of highest compensation as certified by the public employer.
3. The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a legislator during a regular or special session of the Nevada legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the legislature was in session. This subsection does not affect the computation of years of service.
4. The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who [earns retirement without having completed at least 36 months of consecutive full-time employment.] works half time or more, but less than full time:
(a) According to the regular schedule established by the employer for his position; and
(b) Pursuant to an established agreement between the employer and the employee.
5. The rate of contribution for a member whose effective date of membership is after July 1, 1985, must be adjusted to the actuarially determined rate for all benefits based upon an accrual of service of more than 30 years.
Sec. 12. NRS 286.671 is hereby amended to read as follows:
286.671 As used in NRS 286.672 to 286.6791, inclusive:
1. Child means an unmarried person under 18 years of age who is the issue or legally adopted child of a deceased member. As used in this subsection, issue means the progeny or biological offspring of the deceased member.
2. Dependent parent means the surviving parent of a deceased member who was dependent upon the deceased member for at least 50 percent of his support for at least 6 months immediately preceding the death of the deceased member.
3. Spouse means the surviving husband or wife of a deceased member.
Sec. 13. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 1564κ
Assembly Bill No. 276Committee on Taxation
CHAPTER 672
AN ACT relating to local governmental finance; revising the limitation on the amount of revenue certain local governments may receive from taxes ad valorem for operating expenses; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.5987 is hereby amended to read as follows:
354.5987 1. For the purposes of NRS 354.59805, 354.59811 and 354.59816, the maximum allowable combined revenue of any local government:
(a) Which comes into being on or after July 1, 1983, whether newly created, consolidated, or both; or
(b) Which was in existence before July 1, 1983, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1981,
must be initially established by the Nevada tax commission.
2. [If] Except as otherwise provided in subsection 4, if the local government for which the maximum allowable combined revenue is established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To the extent necessary to achieve this result, the Nevada tax commission shall subtract from the maximum allowable combined revenue, the basic revenue from taxes ad valorem and the revenues from taxes ad valorem allowed by NRS 354.59805 of each local government that previously performed all or part of that function the amount expended for that purpose in the most recent fiscal year for which reliable information is available.
3. In any other case, except as otherwise provided in subsection 4, the total maximum allowable combined revenue of all local governments in the county, to which the limits imposed by NRS 354.59805 and 354.59816 apply, must not be increased, but the total must be reallocated among them to accommodate the amount newly established pursuant to subsection 1.
4. In establishing the maximum allowable combined revenue of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.
Sec. 2. Section 1 of Assembly Bill No. 25 of this session is hereby amended to read as follows:
Section 1. NRS 354.5987 is hereby amended to read as follows:
354.5987 1. For the purposes of NRS 354.59805, 354.59811 and 354.59816, the maximum allowable combined revenue of any local government:
(a) Which comes into being on or after July 1, 1983, whether newly created, consolidated, or both; or
κ1989 Statutes of Nevada, Page 1565 (CHAPTER 672, AB 276)κ
(b) Which was in existence before July 1, 1983, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1981,
must be initially established by the Nevada tax commission.
2. Except as otherwise provided in [subsection 4,] subsections 3 and 6, if the local government for which the maximum allowable combined revenue is to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To [the extent necessary to] achieve this result, the Nevada tax commission shall [subtract from the maximum allowable combined revenue, the basic revenue from taxes ad valorem and the revenues from taxes ad valorem allowed by NRS 354.59805 of each local government that previously performed all or part of that function the amount expended for that purpose in the most recent fiscal year for which reliable information is available.
3.] request the local governmental advisory committee to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the local governmental advisory committee shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the local governmental advisory committee. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:
(a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of the maximum allowable combined revenue of that local government;
(b) Apply the percentage determined pursuant to paragraph (a) to the basic ad valorem revenue and to the revenue from taxes ad valorem allowed by NRS 354.59805 and subtract those amounts respectively from the basic ad valorem revenue and from the revenue from taxes ad valorem allowed by NRS 354.59805 of the predecessor local government; and
(c) Then subtract from the maximum allowable combined revenue of each predecessor local government, the prior cost of performing the function.
The basic ad valorem revenue, revenue from taxes ad valorem allowed by NRS 354.59805 and maximum allowable combined revenue, respectively, attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the basic ad valorem revenue, revenue from taxes ad valorem allowed by NRS 354.59805 and maximum allowable combined revenue, respectively, of all of the predecessor local governments.
3. If the local government for which the maximum combined allowable revenue is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:
κ1989 Statutes of Nevada, Page 1566 (CHAPTER 672, AB 276)κ
(a) Using the maximum allowable combined revenue of the town replaced by the city, if any, as a basis, set the maximum allowable combined revenue of the city at an amount sufficient to allow the city, with other available revenue, to provide the basic services for which it was created;
(b) Set the basic ad valorem revenue of the city at an amount which bears the same ratio to the maximum allowable combined revenue of the city as the sum of the basic ad valorem revenue of the county, and any town which the city is replacing, bears to the sum of the maximum allowable combined revenue of the county and the city;
(c) Reduce the basic ad valorem revenue of the county by the amount set for the city pursuant to paragraph (b);
(d) Add to the basic ad valorem revenue of the county the basic ad valorem revenue of any town which the city has replaced; and
(e) Add to the revenue from taxes ad valorem allowed by NRS 354.59805 of the county the revenue from taxes ad valorem allowed by NRS 354.59805 for any town which the city replaced, except that the addition to the county must be limited so that the county does not receive from the supplemental city-county relief tax and taxes ad valorem an amount greater than its maximum allowable combined revenue.
4. In any other case, except as otherwise provided in subsection [4,] 6, the total maximum allowable combined revenue of all local governments in the county, to which the limits imposed by NRS 354.59805 and 354.59816 apply, must not be increased, but the total [must be reallocated among them to accommodate the amount newly established pursuant to subsection 1.
4.] basic ad valorem revenue and revenue from taxes ad valorem allowed by NRS 354.59805 must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.
5. Any amount of basic ad valorem revenue allowable which is established or changed pursuant to this section must be used to determine a new tax rate for the fiscal year ending June 30, 1981, for each affected local government. This new tax rate must be used to make the distributions required by NRS 377.057 for each year following the year in which the amount was established or changed.
6. In establishing the maximum allowable combined revenue of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.
7. As used in this section:
(a) Prior cost of performing the function means the amount expended by a local government to perform a function which is now to be performed by another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.
(b) Predecessor local government means a local government which previously performed all or part of a function to be performed by the local government for which a maximum allowable combined revenue is being established pursuant to subsection 1.
κ1989 Statutes of Nevada, Page 1567 (CHAPTER 672, AB 276)κ
local government for which a maximum allowable combined revenue is being established pursuant to subsection 1.
Sec. 3. Notwithstanding the provisions of chapter 354 of NRS, if the maximum allowable revenue from taxes ad valorem of a county, city or town for the 1988-1989 fiscal year did not permit a levy for operating expenses or if the permitted levy for operating expenses was less than 15 cents per $100 of assessed valuation, excluding any amount allowed pursuant to subsection 1 or 2 of NRS 354.5982, the executive director of the department of taxation shall, upon request of the governing body of the county, city or town, increase the maximum allowable revenue from taxes ad valorem of that county, city or town for the 1989-1990 fiscal year, by such additional amount as will permit a total levy for operating expenses of 15 cents per $100 of assessed valuation. Any increase made by the executive director pursuant to this section:
1. May only be made for the 1989-1990 fiscal year and must be included in the basis for the calculation of the maximum allowable revenue from taxes ad valorem in all future years; and
2. Must be excluded from all calculations affecting the distribution of the revenue from the supplemental city-county relief tax pursuant to NRS 377.057.
Sec. 4. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 402Assemblymen Porter and Callister
CHAPTER 673
AN ACT relating to casualty insurance; prohibiting an insurer from requiring that a claimants insurer waive its right to subrogation to the claimants rights as a condition of payment of a claim; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687B.145 is hereby amended to read as follows:
687B.145 1. Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.
κ1989 Statutes of Nevada, Page 1568 (CHAPTER 673, AB 402)κ
2. Insurance companies doing business in this state must offer uninsured motorist coverage equal to the limits of bodily injury coverage sold to the [individual] policyholder. Uninsured motorist coverage must include a provision which enables the insured to recover up to the limits of his own coverage any amount of damages for bodily injury from his insurer which he is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the bodily injury coverage carried by that owner or operator.
3. An insurer shall not, as a condition of settlement of a claim against its insured, require a claimants insurer to waive the right to be subrogated to the rights of the claimant in an action against the insured for damages. As used in this subsection, damages means the amount that the insured is alleged to be liable to the claimant in excess of the limits of bodily injury coverage set by the insureds policy of casualty insurance.
________
Assembly Bill No. 561Committee on Commerce
CHAPTER 674
AN ACT relating to state board of pharmacy; making information obtained during an investigation by the board confidential; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
1. Disciplinary action is imposed by the board as a result of the investigation; or
2. The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
________
κ1989 Statutes of Nevada, Page 1569κ
Assembly Bill No. 587Assemblymen Kissam, Nevin and Spriggs
CHAPTER 675
AN ACT relating to highways and roads; providing for designation of the Lovell Summit Road in Clark County as state route 94; and providing other matters properly relating thereto.
[Approved July 2, 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 a new section which shall read as follows:
Route 94 begins at a point on the Pahrump Valley Road approximately 3.6 miles southeast of the Nye County line, thence easterly via Lovell Summit and Red Rock Summit to a point on the Red Rock Canyon Road approximately 11 miles west of Las Vegas.
Sec. 2. The director of the department of transportation shall designate Route 94 on the official state highway map and place suitable signs designating Route 94 when money becomes available to the department to construct it pursuant to federal standards.
________
Assembly Bill No. 634Assemblyman Gaston (by request)
CHAPTER 676
AN ACT relating to marriage and family therapists; making information obtained during an investigation by the board of examiners for marriage and family therapists confidential; revising certain provisions governing licensing; and providing other matters properly relating thereto.
[Approved July 2, 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 a new section to read as follows:
1. Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Except as otherwise provided in section 2 of Assembly Bill No. 618 of this session, upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
κ1989 Statutes of Nevada, Page 1570 (CHAPTER 676, AB 634)κ
2. This section does not prohibit the board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.
Sec. 2. NRS 641A.180 is hereby amended to read as follows:
641A.180 The board shall [determine] :
1. Adopt regulations specifying the criteria for courses of study that are sufficient for the purposes of licensing; and
2. Determine which schools in and out of this state have courses of study for the preparation of marriage and family therapy which are sufficient for the purposes of licensing. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of such courses of study.
Sec. 3. NRS 641A.220 is hereby amended to read as follows:
641A.220 Each applicant must furnish evidence satisfactory to the board that he:
1. Is at least 21 years of age [.] ;
2. Is of good moral character [.] ;
3. Is a citizen of the United States, or is lawfully entitled to remain and work in the United States [.] ;
4. Has completed his residency training in psychiatry from an accredited institution approved by the board , [or] has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the board [.] or has completed other education and training which is deemed equivalent by the board;
5. Has at least 1 year of postgraduate experience in marriage and family therapy deemed satisfactory to the board; and
6. Holds an undergraduate degree from an accredited institution approved by the board.
Sec. 4. NRS 641A.235 is hereby amended to read as follows:
641A.235 1. The board shall issue a license to an applicant who meets the requirements imposed pursuant to this chapter.
2. A license expires on January 1 [, 2 years after the date on which it is issued or renewed.] of each year.
3. The board may prorate the fee for a license which expires less than 6 months after the date of issuance.
Sec. 5. NRS 641A.270 is hereby amended to read as follows:
641A.270 Failure to pay the fee for renewal automatically effects a revocation of the license on the date of expiration of the license. The license may not be reinstated except upon [written application and the] :
1. Written application;
2. Submission of evidence of the completion of the required continuing education for the period the license was revoked; and
3. The payment of the fee for renewal and the fee for reinstatement required by this chapter.
Sec. 6. NRS 641A.410 is hereby amended to read as follows:
641A.410 1. It is unlawful for any person to engage in the practice of marriage and family therapy unless he is licensed under the provisions of this chapter.
2. The provisions of this chapter do not:
κ1989 Statutes of Nevada, Page 1571 (CHAPTER 676, AB 634)κ
(a) Prevent any licensed physician, licensed nurse, certified psychologist, certified alcohol or drug abuse counselor [, licensed or ordained minister in good standing within his denomination] or other person licensed or certified by the state from carrying out the functions permitted by his respective license or certification if the person does not hold himself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.
(b) Apply to any activity or service of a student who is obtaining a professional education as recognized by the board if the activity or service constitutes a part of the students supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title intern in marriage and family therapy or any other title which clearly indicates his status as a student.
(c) Apply to any activity or service of an intern while he is obtaining the experience required for licensing as a marriage and family therapist.
(d) Apply to a licensed or ordained minister in good standing with his denomination whose duty is primarily to serve his congregation and whose practice of marriage and family therapy is incidental to his other duties if he does not hold himself out to the public by any title or description of service that is likely to cause confusion with the titles and descriptions or services set forth in this chapter.
Sec. 7. NRS 641A.420 is hereby repealed.
________
Assembly Bill No. 663Assemblyman Gaston (by request)
CHAPTER 677
AN ACT relating to minors; requiring certain information to be included in the petition for the compromise of a claim of a minor; requiring the petitioner to submit health care and medical records to the court if the case involves a personal injury to the minor; requiring the establishment of a blocked trust account with the proceeds of the compromise; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.200 is hereby amended to read as follows:
41.200 1. If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
κ1989 Statutes of Nevada, Page 1572 (CHAPTER 677, AB 663)κ
2. The petition must set forth:
(a) The name, age and residence of the minor;
(b) The facts which bring the minor within the purview of this section, including:
(1) The circumstances which make it a disputed claim for money;
(2) The name of the third person against whom the claim is made; and
(3) If the claim is the result of an accident, the date, place and facts of the accident;
(c) The names and residence of the parents or the legal guardian of the minor;
(d) The name and residence of the person or persons having physical custody or control of the minor;
(e) The name and residence of the petitioner and the relationship of the petitioner to the minor;
(f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:
(1) Attorneys fees and whether the attorneys fees are fixed or contingent fees, and if the attorneys fees are contingent fees the percentage of the proceeds to be paid as attorneys fees;
(2) Medical expenses; and
(3) Other expenses,
and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;
(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and
(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.
3. If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:
(a) The injury, prognosis, treatment and progress of recovery of the minor; and
(b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.
4. If the court approves the compromise [,] of the claim of the minor, the court [may] must direct the money to be paid to the father, mother or guardian of the minor, with or without the filing of any bond, or it [may] must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem , with or without a bond , as [in the discretion of] the court , in its discretion, deems [seems] to be in the best interests of the minor.
5. Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked trust account with the proceeds of the compromise. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked trust account has been established.
κ1989 Statutes of Nevada, Page 1573 (CHAPTER 677, AB 663)κ
established. If the balance in the account is more than $10,000, the parent, trustee or guardian shall annually file with the court a verified report detailing the activities of the account during the previous 12 months. If the balance in the account is $10,000 or less, the court may order the parent, trustee or guardian to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the account.
6. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.
7. As used in this section, the term blocked trust account means an account established in a depository institution in this state for the benefit of the minor with restrictions that the money cannot be withdrawn, except:
(a) By an order of the court which held the compromise hearing; or
(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time the account must be closed and the money distributed to the beneficiary.
________
Assembly Bill No. 707Committee on Government Affairs
CHAPTER 678
AN ACT relating to the state controller; revising the provisions governing the storage and access to certain records concerning federal revenue and income tax laws; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 227.140 is hereby amended to read as follows:
227.140 The state controller is ex officio state fiscal officer. In addition to the duties now prescribed for the ex officio office, and as a part thereof, he shall serve as a state fiscal officer for the Federal Government and compute, withhold and account for all state payroll deductions and keep or have access to all records in connection with administration of and compliance with the federal revenue and income tax laws.
________
κ1989 Statutes of Nevada, Page 1574κ
Assembly Bill No. 713Assemblyman Diamond
CHAPTER 679
AN ACT relating to physical therapists; providing for licensing of physical therapists; limiting the licensing of physical therapists without examination; revising various requirements for licensing; exempting certain proceedings of the state board of physical therapy examiners from the open meeting law; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Supervising physical therapist means a physical therapist who employs and supervises a physical therapy assistant.
Sec. 3. (Deleted by amendment.)
Sec. 4. 1. Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. This section does not prevent or prohibit the board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.
Sec. 5. NRS 640.011 is hereby amended to read as follows:
640.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.024, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 640.021 is hereby amended to read as follows:
640.021 Physical therapist means a person who [practices physical therapy and who is registered under the provisions of this chapter.] is licensed in accordance with the provisions of this chapter.
Sec. 7. NRS 640.0215 is hereby amended to read as follows:
640.0215 Physical [therapists] therapy assistant means a person who assists in the practice of physical therapy under the supervision of a [registered] licensed physical therapist and who is licensed under the provisions of this chapter.
Sec. 8. NRS 640.030 is hereby amended to read as follows:
640.030 1. The state board of physical therapy examiners, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Four members who are [registered] licensed physical therapists in the State of Nevada.
(b) One member who is a representative of the general public.
κ1989 Statutes of Nevada, Page 1575 (CHAPTER 679, AB 713)κ
3. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
4. No member of the board may serve more than two consecutive terms.
5. The governor may remove any member of the board for incompetency, neglect of duty, gross immorality or malfeasance in office.
6. A majority of the members of the board constitutes a quorum. [Three votes are required to pass any action by the board.]
7. No member of the board may be held liable in a civil action for any act which he has performed in good faith in the execution of his duties under this chapter.
Sec. 9. NRS 640.050 is hereby amended to read as follows:
640.050 1. The board shall examine and [register] license qualified physical therapists and [license] qualified physical [therapists] therapy assistants.
2. The board may adopt reasonable regulations to carry this chapter into effect [.] , including, but not limited to, regulations concerning the:
(a) Issuance and display of licenses.
(b) Supervision of physical therapy assistants.
3. The board shall keep a record of its proceedings and a register of all persons [registered or] licensed under the provisions of this chapter. The register must show:
(a) The name of every living [registrant or] licensee.
(b) [His] The last known place of business and [last known place of residence.] residence of each licensee.
(c) The date and number of [his registration and certificate] each license issued as a physical therapist or [of his license as a physical therapists] physical therapy assistant.
4. During September of every year in which renewal of [registration or] a license is required, the board shall compile a list of [registered] licensed physical therapists authorized to practice physical therapy and physical [therapists] therapy assistants licensed to assist in the practice of physical therapy in this state. Any interested person in the state may obtain a copy of the list upon application to the board and the payment of such amount as may be fixed by the board, which amount must not exceed the cost of the list so furnished.
5. The board may:
(a) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(c) Adopt a seal of which a court may take judicial notice.
6. Any member or agent of the board may enter an office, clinic or hospital where physical therapy is practiced and inspect it to determine if the physical therapists are licensed.
7. Any member of the board may administer an oath to a person testifying in a matter that relates to the duties of the board.
κ1989 Statutes of Nevada, Page 1576 (CHAPTER 679, AB 713)κ
Sec. 10. NRS 640.060 is hereby amended to read as follows:
640.060 For the purpose of NRS 640.080, the board shall not approve any school or educational curriculum unless graduation from the school or completion of the curriculum entitles the applicant, insofar as educational requirements are concerned, to become a member in the American Physical Therapy Association. [Each such school shall, in addition, comply with all of the provisions of this chapter and the regulations of the board adopted pursuant to this chapter.]
Sec. 11. NRS 640.080 is hereby amended to read as follows:
640.080 To be eligible for [registration] licensure by the board as a physical therapist, an applicant must:
1. Be of good moral character;
2. Have [been] graduated from a school in which he completed a curriculum of physical therapy approved by the board; and
3. Pass to the satisfaction of the board an examination [conducted by it to determine his qualifications for practice as a physical therapist,] designated by the board, unless he is entitled to [registration] licensure without examination as provided in NRS 640.120 or 640.140.
Sec. 12. NRS 640.090 is hereby amended to read as follows:
640.090 Unless he is entitled to [registration] licensure under NRS 640.120 or 640.140, a person who desires to be [registered] licensed as a physical therapist must:
1. Apply to the board, in writing, on a form furnished by the board;
2. Include in the application evidence, under oath, satisfactory to the board, that he possesses the qualifications required by NRS 640.080 other than having passed the examination;
3. Pay to the board at the time of filing his application a fee set by a regulation of the board in an amount of not more than [$100; and] $300;
4. Submit his fingerprints to the board with his application [.] ; and
5. Submit other documentation and proof the board may require.
Sec. 13. NRS 640.100 is hereby amended to read as follows:
640.100 1. The board shall examine applicants for [registration] licensure as physical therapists at least twice a year at such places as it may determine.
2. The examination must embrace such subjects as the board deems necessary to determine the applicants qualifications, and the examination must include a written portion.
3. The board may charge a fee for examining or re-examining an applicant, based on the boards cost.
4. Before any applicant may take the examination a third time, he must meet with the board to discuss his possible need for further training or education and must complete any further training or education determined by the board to be prerequisite.
Sec. 14. NRS 640.110 is hereby amended to read as follows:
640.110 1. The board shall [register] license as a physical therapist each applicant who proves to the satisfaction of the board his qualifications for [registration.] licensure.
2. The board shall issue to each [person registered as a physical therapist a certificate of registration, which is prima facie evidence of his right] applicant who proves to the satisfaction of the board his qualification for licensure, a license as a physical therapist.
κ1989 Statutes of Nevada, Page 1577 (CHAPTER 679, AB 713)κ
applicant who proves to the satisfaction of the board his qualification for licensure, a license as a physical therapist. The license authorizes the applicant to represent himself as a [registered] licensed physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.
3. Each physical therapist shall display his current [certificate of registration] license in a location which is accessible to the public.
4. The board may charge a fee, not to exceed $25, to replace a lost [certificate] license or to change a name on a [certificate.] license.
Sec. 15. NRS 640.120 is hereby amended to read as follows:
640.120 1. The board may issue, without examination, a [permit] license to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency. Issuance of the temporary license is subject to such fees, not to exceed $100, and conditions as the board may require.
2. [The board may also permit, without examination, temporary registration not to exceed 8 months to any person meeting the qualifications set forth in NRS 640.080, except subsection 3 thereof, upon payment of a temporary registration fee not to exceed $25, which must be paid before commencing the practice of physical therapy. A temporary registration may not be renewed.
3.] A student of physical therapy is not required to be [registered or] licensed during his clinical training if his work is done under the direct supervision of a [registered] licensed physical therapist.
[4. A graduate student of a school approved by the board may be granted a temporary permit to practice physical therapy under the direction of a registered physical therapist during his internship or residency. A temporary permit must not be made effective for more than 1 year. An applicant for a temporary permit must:
(a) Submit proof that he has graduated from a school in which he completed a curriculum in physical therapy approved by the board; and
(b) Pay a fee set by regulation of the board in an amount of not more than $25.]
Sec. 16. NRS 640.140 is hereby amended to read as follows:
640.140 The board may, in its discretion, [register] license as a physical therapist, without examination, on the payment of the required fee, an applicant for [registration] licensure who is a physical therapist registered under the laws of another state or territory, if the requirements for [registration] licensure of physical therapists in the state or territory in which the applicant was [registered] licensed were at the date of his [registration] licensure substantially equal to the current requirements [in force in] of this state.
Sec. 17. NRS 640.150 is hereby amended to read as follows:
640.150 1. [Every registered physical therapist must, during July of every year, apply to the board for an extension of his registration and pay a fee of not more than $50. Registration that is not so extended before September 1 of the year automatically lapses.
κ1989 Statutes of Nevada, Page 1578 (CHAPTER 679, AB 713)κ
2. The board may revive and extend a lapsed registration on the payment of all past unpaid fees for extension not to exceed $100.] A license to practice physical therapy expires on July 31 of each year. A physical therapist may renew his license before its expiration upon:
(a) Presentation of proof of completion of a program of continuing education as required by subsection 3; and
(b) Payment of a renewal fee established by the board.
2. A license that is not renewed before July 31 of each year expires. An expired license may be reinstated, at the discretion of the board, upon payment of the annual renewal fee and the annual expiration fee established by the board for each year the license is expired.
3. The board shall require [registered] licensed physical therapists to complete a program of continuing education as a requirement for the [extension of registrations.] renewal of licenses. The board shall [prescribe] , by regulation:
(a) Prescribe the curriculum [and approve] ;
(b) Approve the courses of study or training [for that program.] ; and
(c) Establish the fees,
for the program.
Sec. 18. NRS 640.160 is hereby amended to read as follows:
640.160 1. The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:
(a) Refuse to [register or] issue a license or temporary [permit] license to any applicant.
(b) Refuse to renew the [registration,] license or temporary [permit] license of any person.
(c) Suspend or revoke the [registration,] license or temporary [permit] license of any person.
(d) Place any person who has been [registered or] issued a license or temporary [permit] license on probation.
(e) Impose an administrative fine which does not exceed [$500] $5,000 on any person who has been [registered or issued a license or temporary permit.] issued a license.
2. The board may take action pursuant to subsection 1 if an applicant or person who has been [registered or issued a license or temporary permit:] licensed pursuant to this chapter:
(a) Is habitually drunk or is addicted to the use of a controlled substance.
(b) Has been convicted of violating any state or federal law relating to controlled substances.
(c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.
(d) Has been convicted of any crime involving moral turpitude.
(e) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.
(f) Has obtained or attempted to obtain [registration] a license by fraud or material misrepresentation.
κ1989 Statutes of Nevada, Page 1579 (CHAPTER 679, AB 713)κ
(g) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
(h) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.
(i) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.
(j) Has had his license to practice physical therapy suspended [or revoked] , revoked or in any way limited by another jurisdiction.
(k) Is determined to be professionally incompetent by the board.
(l) Has violated any provision of this chapter or the boards regulations.
Sec. 19. NRS 640.161 is hereby amended to read as follows:
640.161 1. A complaint against any person who has been [registered or issued a license or temporary permit] licensed pursuant to this chapter may be initiated by the board or may be filed with the board by any member or agent of the board or any aggrieved person.
2. The complaint must allege one or more of the grounds enumerated in NRS 640.160 and must contain a statement of facts showing that a provision of this chapter or the boards regulations has been violated. The complaint must be sufficiently detailed to enable the respondent to understand the allegations.
3. The complaint must be in writing and be signed and verified by the person filing it. The original complaint and two copies must be filed with the board.
4. The board shall review each complaint. If a complaint shows a substantial violation of a provision of this chapter or the boards regulations, the board shall proceed with a hearing on the complaint.
Sec. 20. NRS 640.167 is hereby amended to read as follows:
640.167 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 640.070 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any [party] licensee aggrieved by a decision of the officer or panel [to place the holder of a certificate, license or temporary permit on probation, or revoke, suspend or refuse to renew his license] may appeal that decision to the board.
Sec. 21. NRS 640.169 is hereby amended to read as follows:
640.169 It is unlawful for any person to practice physical therapy in this state unless he holds a [certificate of registration, a] license or a temporary [permit] license issued pursuant to this chapter . [or is licensed in this state to practice physical therapy otherwise than by virtue of this chapter.]
Sec. 22. NRS 640.170 is hereby amended to read as follows:
640.170 A person who is not [registered] licensed under this chapter as a physical therapist, or whose [registration] license has been [suspended or revoked, or whose registration has lapsed and has not been revived,] suspended, revoked or has expired and who uses in connection with his name the words or letters L.P.T., Licensed Physical Therapist, R.P.T., Registered Physical Therapist, P.T., Physical Therapist, or any other letters, words or insignia indicating or implying that he is a [registered] licensed physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself as a [registered] licensed physical therapist, [shall be] is guilty of a misdemeanor.
κ1989 Statutes of Nevada, Page 1580 (CHAPTER 679, AB 713)κ
licensed physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself as a [registered] licensed physical therapist, [shall be] is guilty of a misdemeanor.
Sec. 23. NRS 640.180 is hereby amended to read as follows:
640.180 A person who makes a willfully false oath or affirmation in any case in which an oath or affirmation is required by this chapter, or who obtains or attempts to obtain [registration] a license by any fraudulent representation, [shall be] is guilty of a misdemeanor.
Sec. 24. NRS 640.190 is hereby amended to read as follows:
640.190 This chapter does not authorize a physical therapist, whether [registered] licensed or not, to practice medicine, osteopathic medicine, homeopathic medicine, chiropractic or any other form or method of healing.
Sec. 25. NRS 640.230 is hereby amended to read as follows:
640.230 To be eligible for licensing by the board as a physical [therapists] therapy assistant, an applicant must:
1. Be at least 18 years old.
2. Be of good moral character.
3. Have [been graduated by] graduated from an approved high school.
4. Have completed an educational curriculum approved by the board for a physical [therapists] therapy assistant.
5. Pass an examination [conducted] designated by the board or be entitled to licensing without examination as provided in NRS 640.270.
Sec. 26. NRS 640.240 is hereby amended to read as follows:
640.240 1. For the purposes of NRS 640.230, the board shall not approve any educational curriculum for a physical [therapists] therapy assistant unless the curriculum includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is:
(a) At least a 2-year program requiring a minimum of 60 academic semester credits at a college accredited by a recognized accrediting agency; or
(b) A curriculum which is provided by the Armed Forces of the United States and has been approved by the American Physical Therapy Association.
2. The board may refuse to approve any educational curriculum for physical [therapists] therapy assistants if the curriculum does not include such courses in theory and procedures as determined by the board to be necessary for these assistants.
Sec. 27. NRS 640.250 is hereby amended to read as follows:
640.250 Unless he is entitled to a license under NRS 640.270, a person who desires to be licensed as a physical [therapists] therapy assistant must:
1. Apply to the board, in writing, on a form furnished by the board . [;] The application for licensure as a physical therapy assistant must also be signed by the supervising physical therapist of the applicant.
2. Include in the application evidence, under oath, satisfactory to the board, that he possesses the qualifications required by NRS 640.230 other than having passed the examination . [;]
3. Pay to the board at the time of filing his application a fee set by a regulation of the board in an amount of not more than [$100; and] $200.
4. Submit his fingerprints to the board with his application.
5. Submit such documentation and proof as the board may require.
6. Pay the fee for examination of the applicant as the board may establish.
κ1989 Statutes of Nevada, Page 1581 (CHAPTER 679, AB 713)κ
Sec. 28. NRS 640.260 is hereby amended to read as follows:
640.260 1. The board shall license as a physical [therapists] therapy assistant each applicant who proves to the satisfaction of the board his qualifications for a license.
2. The board shall issue to each [such person] qualified applicant a license, [which is prima facie evidence of his right] that authorizes the applicant to represent himself as a physical [therapists] therapy assistant and to practice as that assistant.
3. Each physical [therapists] therapy assistant shall display his current license in a location which is accessible to the public.
4. The board may charge a fee, not to exceed $25, to replace a lost license or to change a name on a license.
5. A license as a physical therapy assistant is valid as long as a supervising physical therapist employs and supervises the physical therapy assistant.
Sec. 29. NRS 640.270 is hereby amended to read as follows:
640.270 The board may license as a physical [therapists] therapy assistant, without examination, on the payment of the required fee, an applicant who is licensed as a physical [therapists] therapy assistant under the laws of another state or territory whose requirements at the date of his licensure were substantially equal to the current requirements [in force in] of this state.
Sec. 30. NRS 640.280 is hereby amended to read as follows:
640.280 1. [Every physical therapists assistant must apply during July of each year to the board for an extension of his license and pay a fee of not more than $50. A license that is not so extended before September 1 of the year automatically lapses.] The license of a physical therapy assistant expires on July 31 of each year. A physical therapy assistant may renew his license before its expiration upon:
(a) Presentation of proof of completion of a program of continuing education as required by subsection 3; and
(b) Payment of the renewal fee established by the board.
2. A license that is not renewed before July 31 of each year expires. The board may [revive and extend a lapsed license on the payment of all past unpaid extension fees not to exceed $100.] reinstate an expired license upon payment of the annual renewal fee and the annual expiration fee established by the board for each year the license is expired.
3. The board shall require each physical [therapists] therapy assistant to complete a program of continuing education as a prerequisite for the renewal of his license. The board shall prescribe the curriculum and approve the courses of study or training for that program.
Sec. 31. NRS 640.290 is hereby amended to read as follows:
640.290 A person licensed as a physical [therapists] therapy assistant may assist in the practice of physical therapy only under the direct supervision of a [registered] supervising physical therapist, as regulated by the board and subject to the conditions and limitations of NRS 640.230 to 640.300, inclusive.
Sec. 32. NRS 640.300 is hereby amended to read as follows:
640.300 Any person:
1. Who is not licensed under NRS 640.230 to 640.300, inclusive, as a physical [therapists] therapy assistant;
κ1989 Statutes of Nevada, Page 1582 (CHAPTER 679, AB 713)κ
2. Whose license has been suspended or revoked; or
3. Whose license has [lapsed and has not been revived,] expired and has not been reinstated,
and who uses in connection with his name the words or letters A.P.T. or Physical [Therapists] Therapy Assistant, or any other letters, words or insignia indicating or implying that he is a licensed physical [therapists] therapy assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself as a licensed physical [therapists] therapy assistant, is guilty of a misdemeanor.
________
Assembly Bill No. 796Committee on Judiciary
CHAPTER 680
AN ACT relating to peace officers; expanding the group of persons defined as peace officers for the purposes of certain rights of employees; revises provisions regarding the requirement that a peace officer submit to a polygraph examination under certain circumstances; and providing other matters properly relating thereto.
[Approved July 2, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.010 is hereby amended to read as follows:
289.010 As used in this chapter, unless the context otherwise requires:
1. Peace officer means:
(a) Sheriffs of counties and of metropolitan police departments and their deputies;
(b) Personnel of the Nevada highway patrol; [and]
(c) Marshals and policemen of cities and towns [.] ;
(d) The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
(e) Constables and their deputies; and
(f) Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.
2. Punitive action means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
Sec. 2. NRS 289.070 is hereby amended to read as follows:
289.070 1. An investigation of a peace officer may be conducted in response to an allegation that an officer has engaged in activities which could result in punitive action.
2. If a person who makes such an allegation against an officer submits to a polygraphic examination and the results of that examination indicate that the person examined is telling the truth about the purported activities, the officer against whom the allegation is made must submit to a polygraphic examination concerning such activities.